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Data Collection In Vehicular Accident Reconstruction As originally published in Advocate Magazine, Summer 2003
By: Dr. George Govatos |
Introduction
MOST ATTORNEYS WHO SPECIALIZE IN PERSONAL INJURY LITIGATION WILL AT SOME POINT BECOME involved with a vehicular accident case. I have worked with attorneys that handle these types of cases almost exclusively, but for some, especially younger attorneys their next case may in fact be their first. This article discusses the importance of evidence collection and documentation to assure a proper foundation for facts that will ultimately decide the case.Data Collection and the Preservation of Evidence
Data collection comprises the initial part of each case, and is critical since all else follows from this collected information. It is important to understand that as the attorney you are in the best position to ensure that data is collected and preserved. Such evidence may consist of tire marks, scrapes and gouges, fluid trails or pools, and damage to roadway objects such as utility poles, curbs, guard rail, etc. The vehicle evidence includes the condition of the brakes, tires and steering component as well as the crush damage and accurate identification of the vehicle make model and type. When these data are not properly collected or are missing, a reconstruction may be difficult or impossible. Since much of the transient evidence can disappear rather quickly, the attorney must act rapidly to ensure preservation. However, the decision to collect data is not always obvious since one must compare the cost ofdata collection and preservation with the anticipated future value of the case.In a case where liability is high and damages are severe, collection of evidence is both clear and warranted, and the attorney should collect and preserve evidence on an immediate basis. Conversely, liability may be initially unclear and damage or trauma may seem mild or minimal. In cases like these, the decision to collect evidence is more difficult because of the low probability of potential case value. In such instances, an attorney may forego collection of evidence, considering it an unwarranted expense under the conditions. Reliance on data then rests with information in the police report or from various photos that may exist. The downside is that the case may increase in value as injuries linger or worsen and/or liability shifts to the opposing driver. If reconstruction data is missing from the police report and photos, it may be lost forever and seriously compromise the attorney's ability to substantiate important facts and guide the case to a successful conclusion.
Sometimes, a reconstructionist may be able to re-create data inferred from secondary sources such as photos, notes, etc., but the extra expense of doing so can greatly increase the cost of reonstruction. I have personally had several instances where the cost of a reconstruction has doubled due to the extra work necessary to re-create roadway or vehicle evidence that should have been collected as part of the initial investigation.
Based on my experience over the last 25 years, I have found that it is always advisable to document scene evidence at the outset even if the attorney is unsure of the merits of the case. If there is a question as to whether a fullscale survey is required, I would suggest a staged approach. For example, an initial approach would be to immediately get to the scene and place permanent survey tacks into the pavement to mark critical locations such as skids, gouges and other transitory evidence. The scene would then be photographed from known points so that camera locations can be identified at a later date. It is wise to videotape the scene while providing narration of observed evidence. If at some later date, a full survey is required, the scene and evidence can be accurately reproduced from the permanent markings and photographs.
Dr. George Govatos has provided Engineering Analysis for attorneys, both plaintiff and defense, and Engineering Design / Analysis for public and private clients for over 27 years. He also lectures in the fields of Accident Reconstruction and Collision Analysis, Highway Safety, the mechanics of whiplash, structural collapse, and engineering aspects of product liability.
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