CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Opinion & Scientific Evidence
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Forensic Issues
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Civil
............Accident Causation & Reconstruct.
9 Cards On This Topic:
Expert opinion on accident causation admissible where based upon factors beyond common experience.
Opinion on accident causation and point of impact may not be based wholly upon witness hearsay statements.
Expert may not work backwards from point where victim/vehicles come to rest to determine point of impact, where too many variables exist.
Opinion based upon witness statements confirmed in court is proper.
Officer's opinion re point of impact admissible where based upon witness' statement and pointing out location of impact at scene.
Accident reconstruction expert's testimony properly excluded where factual assumptions made are unsupported by evidence.
Opinion re vehicle's speed may be based on length of skid marks, point of impact, vehicles' position after coming to rest, condition of pavement, and vehicles' condition and make.
Opinion re path of vehicle travel properly admitted where based upon accident reconstruction, expertise and observations.
Demonstrations of experiments used to merely illustrate principles in forming expert opinion do not require strict adherence to facts.