1. Defending a Traffic Accident Case By: Anthony J. Monaco Swanson, Martin & Bell, LLP (312) 923-8244 amonaco@smbtrials.com SMB, LLP – May 23, 2007 – Defending a Traffic Accident Case by Anthony J. Monaco for Chicago Volunteer Legal Services

2. OUTLINE A) Brief Statistics B) Basic Principles In Auto Collisions C) Winning With Demonstratives i)photographs ii)video demonstrations iii) animations A) Medical Specials B) Biomechanical Engineers and Human Factors Experts A) EDR B) Key Product Liability Issues

3. A NATIONAL TRAGEDY Traffic deaths are a “national tragedy” US Transportation Secretary (4/20/06)‏ He called on all Americans to respond by wearing safety belts, using motorcycle helmets and driving sober

4. BRIEF STATISTICS  43,200 deaths in 2005 vs. 42,636 deaths in 2004  Highway crashes cost society $230.6 billion per year  In 2004, motor vehicle traffic crashes were the leading cause of death for every age 2 through 34

5. SEATBELT USE  Seatbelt usage rate in Illinois in 2006 was 87.8%  National Average was 81% in 2006  According to NHTSA, thousands of lives would be saved each year by simply wearing seatbelts

6. THE THREE IMPACTS & DECELERATION THEORY A)Vehicle with outside object B)Body with inside vehicle components C)Organs with inside of body

7. Delta V The most significant factor in a motor vehicle accident is the change in velocity. Compare head-on collision vs. rear-end collision.

8. SHOW YOUR EVIDENCE  Photographs  Video Demonstrations  Buc’s  Remains of Actual Vehicle  Google Map – Google Earth  Animations  Combinations

9. 1989 Volvo

10. 1998 Dodge Dakota

11. Which truck accident resulted in more serious injuries?

12. Case Law on Admissibility of Vehicle Damage Photos  DiCosola v. Bowman, 342 Ill. App. 3d 530 (1 st Dist. 2003)‏  Ferro v. Griffiths, 361 Ill. App. 3d 738 (3 rd Dist. 2005)‏

13. GOOGLE MAP AND EARTH Cheap and easy method to make high quality demonstrative exhibits

14. Video Demonstrations of Scientific Accident Reconstruction Principles  Plaintiff testifies that ball joint separates, car veers right then left then collision  We believe the ball joint separation occurred impact  Plaintiff’s expert has no opinion during first deposition on why car veers after alleged ball joint separation  Errata Sheet comes with his newly formed opinion he describes as “clarification”  Re-deposition – he explains new opinion in detail – toe in, drag factors, etc…  We demonstrate that he is wrong

15. Video Demonstration  Please open and view the ball joint video demonstration

16. Medical Specials  Arthur v. Catour, 216 Ill. 2d 72 (2005)‏  Plaintiff’s burden of proof

17. Human Factors & Biomechanics  Can make or break your case  Cost considerations  Admissibility considerations

18. Electronic Data Recorders (EDR or black box)‏ “a device or function that records the vehicle’s dynamic, time-series data during the time period just prior to a crash event (e.g., vehicle speed vs. time) or during a crash event (e.g., delta-V vs. time).” 71 Fed. Reg. 50997 (Aug. 28, 2006)‏

19. EDR’s cont…  An EDR that complies with NHTSA’s rule will monitor several systems such as: air bags, brakes, seatbelts and speed changes.  The Rule does not require EDR’s but does mandate what information an EDR collects and the format of the stored information (privacy arguments)‏

20. PURPOSES FOR EDR’S  Enhance automatic crash notification systems including an enhanced 911 emergency response system  Enhance understanding of crash events and safety performance thereby contributing to safer vehicle designs, more effective safety regulations and overall improved highway safety  Help parties determine fault – electronic witness  Reduce cost of litigation – insurers can more accurately evaluate liability and resolve claims more quickly with greater certainty of the facts

21. ADMISSIBILITY OF EDR DATA  Bachman v. General Motors Corp., 776 N.E.2d 262 (4 th Dist. 2002) – first reported case.  1996 Chevrolet Cavalier (SDM) sensing diagnostic module  Data refuted the plaintiff’s theory that the air bag deployed inadvertently  Court found “the process of recording and downloading SDM data is sufficiently established to have gained general acceptance in the relevant scientific community.”

22. PRODUCT LIABILITY KEY ISSUES  NHTSA  Cost to present case  Vehicle inspections  Spoliation of evidence  Experts  Other incidents

23. Willis Accident / Animation  $100 million settlement by all defendants to the plaintiff  $10 million paid by DaimlerChrysler Corporation  $10 million recovered by DaimlerChrysler Corporation

24. Vehicle Performance References NHTSA – Crash Test Results www.safercar.gov NHTSA – Vehicle & Equipment Information www.nhtsa.dot.gov IIHS www.iihs.org EuroNCAP www.euroncap.com Australian New Car Assessment Program www.aaa.asn.au/ancap.htm New Car Assessment Japan www.nasva.go.jp/mamoru/english/index/html