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Presenting a live 90-minute webinar with interactive Q&A

Accident Reconstruction in Truck

Collision Investigations and Trial Partnering With Reconstruction Experts to Maximize Case Value

Today’s faculty features:

1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific

THURSDAY, JUNE 25, 2015

J.J. Burns, Esq., Dollar Burns & Becker, Kansas City, Mo.

Thomas W. James, Attorney, Michigan Auto Law, Farmington Hills, Mich.

Robert E. Larson, P.E., Senior Managing Engineer, Exponent, Phoenix

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Robert E. Larson, P.E.

Senior Managing Engineer

rlarson@exponent.com

What is Accident Reconstruction?

• What do you need to know?

– How fast were the vehicles going?

– Why did the vehicle loose control?

– Why did the vehicle tip over?

– Why didn’t the driver avoid the collision?

– Did the Driver or Vehicle or Terrain cause the accident?

– Did the load cause the accident?

– Should the driver have been able to control the vehicle or terrain

condition?

– Would a vehicle with Option X experienced the same accident?

– …

6

What is Heavy Truck Accident Reconstruction?

7

Measurement Technology

• Hand measurements

• 3D Scanning of site and vehicles

• Total Station survey

• Photogrammetry

8

3D Scanning and Modelling

9

Old-School Photogrammetry

10

Event Data Recorder (EDR)

• Heavy Truck Event Data Recorder (EDR) is a

function of the Engine Control Module (ECM)

• Engine dependent, not ‘vehicle’ dependent

11

Driver Monitoring

• Camera on driver and driver’s view

• Speed, steering and braking

• Vehicle response (accelerometers, ‘G-force’)

• Location (GPS)

12

Analysis Technology

• Hand Calculations

• Spreadsheet Calculations

• Simulation

• Testing

13

Safety Technology

• Anti-lock Brakes (ABS)

• Stability Control (ESC)

• Advanced Driver Assistance Systems (ADAS)

14

Commercial Vehicle ADAS

15 15

VORAD

• Development of VORAD began in 1972, prototype in 1987,

SAE paper in 1992 introducing the functionality

• Introduced as Eaton VORAD in 1995

• Forward Collision Warning and Blind Spot Warning (side)

• Two Radar sensors, one forward (350’), one side (10’)

• Aftermarket system, requires careful alignment of the Radar

sensors

• Introduced Adaptive Cruise Control

• Also included early version of an Event Data Recorder

16

Current Commercial Vehicle Systems

17 17

Forward Collision Warning

- Moving Vehicles and

Static Objects

Adaptive Cruise Control

(1/3 braking capability)

Collision Imminent Braking

(2/3 braking capability)

18

Autonomous Commercial Vehicles

20 20

Heavy Truck Accident Reconstruction Examples

21 21

Visibility - Pedestrians

22

Loss-of-Control - Rollover

23

Loss-of-Control Rollover

24

Loss-of-Control – Rollover Stability Calculations

25

Collision – EDR Data - Simulation

26

Heavy Truck Stability with a Trailing Axle Tire Blowout

27

FHWA Bridge Formula Weight Limit

Allowable Axle Weight is a function of

Length between Axles

Number of Axle

Trailing Axle

28

Case Study Accident

Background

View Looking Upstream

View Looking Downstream

29

Case Study Accident

Background

View Looking Upstream

View Looking Downstream

30

Case Study Accident

Background

View Looking Upstream View Looking Downstream

31

Case Study Accident

Background

View Looking Upstream View Looking Downstream

32

Purpose: Evaluate potential loss of control due to trailing axle tire air out

Test Conditions:

Baseline Tests – Straight ahead

Reduced Pressure

Zero Pressure

Zero Pressure at speed

Tire Blowout

Baseline Test - Aggressive Steer Input

Testing

33

Instrumentation:

Position and Velocity (GPS)

Acceleration and Angular Rates (IMU)

Steering Wheel Torque

Steering Wheel Angle

Trailing Axle Angle

Throttle Position Sensor

Photo Documentation:

Still Photographs

4 On-board cameras

1 Off-board camera

Testing

34

Baseline Straight Line Test Results

Steering Wheel Angle = +-20 Degrees

Steering Wheel Torque = +-2 ft-lbs

Tire Pressure Reduced to 10 psi

Results similar to baseline values

Low trailing axle tire pressure unapparent to driver

Baseline Straight Ahead

35

Tire Pressure Reduced to 0 psi

36

Trailing Axle Angle Steering Wheel Angle

Tire Pressure 10 psi v. 0 psi

-4

-2

0

2

4

6

8

10

0 5 10 15 20 25 30 35 40

Tra

ilin

g A

xle

Roa

d W

hee

l A

ng

le

(Deg

)

Time (s)

Test 04 and 05 Comparison

04 10 psi

05 Fully Deflated

-60

-40

-20

0

20

40

60

80

0 5 10 15 20 25 30 35 40

Ste

erin

g W

hee

l A

ng

le

(Deg

)

Time (s)

Test 04 and 05 Comparison

04 10 psi

05 Fully Deflated

37

Lowered axle with deflated tire at 35 mph Steering correction: 40 - 60 deg.

38

Simulated Blowout at 35 mph

39

-10

-5

0

5

10

15

20

25

30

-30

-15

0

15

30

45

60

75

90

0 5 10 15 20 25 30

Tra

ilin

g A

xle

Roa

d W

hee

l A

ng

le (

deg

)

Ste

erin

g W

hee

l A

ng

le (

Deg

)

Time (s)

Test 10

SWA (deg)

TA RWA (deg)80+ deg. Steering Correction

Full Lock Trailing Axle

Simulated Blowout at 35 mph

40

Aggressive Left Steer Input at 35 mph

41

Comparison – 35 mph

80+ deg. Steering to regain lane

30 deg. Steering

0.3+ g

Trailing Axle Blow Out 30-deg Step Steer

42

Deflating tire effects were not noticeable until tire was completely deflated

Driver may be unaware that a trailing axle tire is low until it is deflated.

Steering torque did not provide driver feedback.

Deflation of a trailing axle tire can cause a severe destabilizing effect to the vehicle

Generated tire forces near maximum capacity 11 feet behind rear axle

Large steering required to maintain lane position at 35 mph

Conclusions

43

SAE International Journal of Commercial Vehicles 2012-01-0238 http://papers.sae.org/2012-01-0238

44

Wide variety of issues

Requires a wide variety of tools

Technology is continuously changing

How A/R is done

What data is available

What is expected of the vehicle

Heavy Truck Accident Reconstruction

http://www.exponent.com/robert_larson/

45

J.J. Burns, Esq.

Dollar Burns & Becker

jjb@dollar-law.com

First Considerations: Is This a Reconstruction Case?

• Timeline

• Liability

• Damages

• Known Unknowns – Unknown Unknowns

• Police Involvement – Resources

• Other Relevant Factual & Legal Issues

• Doubt =› Reconstruction

• Options

47

Range of Reconstruction Options & Considerations

• Data Preservation

• Scene Photos & Basic Measurements

• Vehicle Inspections

• Downloads

• Total Station

• 3D Laser Scanning

• Paint Samples

• Light/Lamp Testing

• Glass Shards

• Exemplar Vehicles 48

49

50

Communications with the Reconstructionist, Part I

Legal Issues:

• Work Product

• Expert Disclosures

• Standards

• Testifying

51

2010 Amendments to FRCP 26

Prior to the amendments, many courts held that all

information viewed by an expert was fully discoverable,

including discussions with counsel and drafts of expert reports

New rules protect drafts of any report or disclosure

required under 26(a)(2)

New rules also protect communications between the

party’s attorney and any witness required to provide a

report under 26(a)(2)(B)

52

2010 Amendments to FRCP 26

• EXCEPT to the extent that the communications

(1) relate to compensation;

(2) identify facts or data that party’s attorney provided and that the expert considered in forming opinions; or

(3) identify assumptions that the party’s attorney provided and that the expert relied on in forming opinions.

• Also – it has been held that expert materials and communications that fall outside the scope of 26(b)(4)(B)-(C) are not work product, and are therefore discoverable. See, e.g., 280 F.R.D. 506, 512.

53

Pennsylvania’s Work-Product Doctrine

• “a party may obtain discovery of any matter discoverable under Rule 4003.1 even though prepared in anticipation of litigation or trial by or for another party or for that other party’s representative... The discovery shall not include disclosure of the mental impressions of a party’s attorney or his or her conclusions, opinions, memoranda, notes or summaries, legal research or legal theories. With respect to the representative of a party other than the party’s attorney, discovery shall not include disclosure of his or her mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics.”

• Barrick vs. Holy Spirit Hospital (Pa. 2014)

The rules broadly allow for a party to obtain discovery regarding any matter... and included in this broad scope is a party’s ability to discover the facts known and opinions held by an expert.

54

Communications with the Reconstructionist, Part II

Fact Issues:

• Nature & Scope of Work

• Expectations

• Relevancy

• Education from the Expert

55

Reconstructionist Prep

• Landmines

• Cross your Expert

• Use your other experts

• Legal education

56

Animation Admissibility Issues

• Nature of the objection • Prejudice

• Materiality / Necessity

• Reliability / Accuracy

• Animation vs. Simulation

• Expert prep

57

EFFECTIVELY USING ACCIDENT

RECONSTRUCTION IN TRUCK

COLLISION CASES

Tom James

MichiganAutoLaw.com

Farmington Hills, MI

Why use Accident Reconstruction

Police won’t reconstruct a collision for us

Liability appears bad but is it really

Gap between facts

Balance against opposing AR

Viable case or not

59

Accident Reconstruction – Truck case

Qualify your AR for trucking

Does AR have resources to manage truck case

Spoliation issues

EXHIBIT 1 - Spoliation Letter to Defendants

Full scale vehicle testing / exemplar

Help jury understand truck driving

Animations or simulations

Dynamics of tractor-trailer articulation

Conspicuity

60

How to use Accident Reconstruction

PHASE 1 – Preliminary Phase

Gather information:

Police report, measurements, videos, audio, sight inspection,

vehicle inspection, ECM, EMS records, witness statements,

service records, etc and get to AR

Evaluate for additional experts

Human factors, conspicuity, bio-mechanical, etc

Keep or refer out

61

How to use Accident Reconstruction

PHASE 2 – DISCOVERY

If you haven’t developed written truck discovery, then

utilize the experienced AR to assist you in drafting

appropriate discovery, or outlines for depositions

RPD, ROG, and depositions to AR

Exemplar for audio or visual testing

Defendant’s vehicle for inspection and other repair

related documents

EXHIBIT 2 – Opposing AR deposition outline

62

63

64

Perception – Reaction Time (PRT)

The time between perception and initial reaction

Analyze Defendant AR’s selection of PRT

Have your AR use a range of PRT

“Accountability” forces this issue as we should

analyze for our clients as well as Defendant

65

How to use Accident Reconstruction

PHASE 3 – TRIAL

K I S S

Live trial witness

Use the best, easiest to understand exhibits

Use of animation v simulation

Prepare for opposing AR cross

66

Client’s SUV was bullet vehicle

67

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70

71

70 MPH = 102.67 Feet Per Second

72

AR explains driver’s field of view

73

AR explains purpose of mirrors

74