How the smallest detail can change the course of a crash investigation and reconstruction

Background

Once I was hired for a case where a driver crashed after missing a temporary stop sign that had been placed behind a railroad crossing gate.  The photo below shows how much of the stop sign had been obstructed.

Dash camera footage from immediately after the incident

The plaintiff's attorney needed me to determine whether the stop sign had been placed according to the traffic control plan and considered hiring a construction expert to work on the case with me.

A photo meant to prove they were in compliance

The defendant construction company produced a photo that showed the temporary stop sign had been placed directly above the metal base of a permanent stop sign that had been damaged in the weeks before the crash.

The metal base from the permanent stop sign was between the wooden legs of the temporary stop sign

Proving the sign had been moved

Using Google Earth imagery, I showed that when the permanent sign was in its original position, it was easily visible to approaching drivers.

I then showed a dash camera footage taken from the same location to show that the sign had been moved. (In this case, the railroad sign aligned perfectly with a tower in the distance so I could prove the photos taken from the same place. Old school photogrammetry for the win.)

However, the defendant’s photo also provided irrefutable proof that the stop sign had been moved to the proper location AFTER the incident.

INADVERTENT ADMISSIONS FROM ONE PHOTOGRAPH

What the defendants did not realize was that in attempting to show the sign had already been placed in the correct position, they had accidentally admitted to:

• Knowing where the sign was supposed to be on the day of the incident

• Moving the sign to the correct location in the hours after the incident

The key to proving this was the changing concrete pillars in the background.

Immediately after the crash, the dash camera showed that some of the pillars had frames that had not been filled with concrete.

Remember that the stop sign at this time was hidden behind the crossing gate.

Hours later the pillars had been filled with concrete and the stop sign had been moved to the correct place.

Not only did this prove our suspicions when we first looked at the dashcam, it meant that we did not need a construction expert to testify because they had admitted where they should have put their stop sign in their own discovery responses.

During the course of a crash investigation, a reconstruction expert must identify details early so as to eliminate wasted time and resources chasing leads that will lead to dead ends in a case.

At Vaughan & Associates, we strive to immediately identify how each piece of evidence affects your overall case so that you can make informed decisions on whether you want to proceed further. Advancements in photogrammetry and video analysis are allowing us to support these conclusions before money is invested into vehicle and site inspections.

Call us for a free consultation today!