Investigating Motor Vehicle Accidents...• Private sector reconstructors: Training and ability also...

Accident Reconstruction:Discussing Motorcycle Accident Data

James P. Evans, P.E.3/29/18

Overview• My qualifications/experience• Where do we get motorcycle accident data?• What is motor vehicle accident reconstruction?• Accident reconstruction process• How is a police reconstruction different from a

private sector reconstruction?• Example cases: Police report vs. detailed

investigation

Evans Accident Reconstruction – 2018 Texas Motorcycle Safety Forum 2

My qualifications/experience• 2011-2018: Owner/Accident Reconstructionist – Evans Accident Reconstruction• 2002-2010: Accident Reconstructionist – Stress Dynamics, Inc.• 1994-2000: Texas A&M University – B.S., Mechanical Engineering Technology • 1993-present: Mechanic • 1993-present: Amateur automobile racer • Professional Engineer • Accreditation Commission for Traffic Accident Reconstruction (ACTAR)• Automotive Service Excellence (ASE) Certified Master Automobile Technician • Texas Private Investigator • 1998 Texas A&M Motorcycle Club president

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Where do we get motorcycle accident data?

• Most data from police reports• Surveys or questionnaires• Insurance companies

What about accidents that are not reported?


What is motor vehicle accident reconstruction?

“Traffic crash reconstruction is the effort to determine, from whatever information is available, how the collision occurred.” Fricke

• Accident reconstruction involving motorized vehicles: Tractor trailers (18-wheelers), cars, motorcycles, ATVs, go-karts, etc.

• Machinery operating as a motorized vehicle: Bulldozers, cranes, fork lifts, riding mowers, farm tractors, etc.

• Areas that I feel comfortable with and can apply my knowledge and training:– Truck -mounted crane being driven on roadway and construction site – Yes– Crane structure buckling during lifting operation – No– Non-motorized bicycle, skate board, or scooter – Depends on the accident


“No detailed rules for collision reconstruction have been published.” Fricke

• It’s not a discipline that can be learned quickly; there are many different scenarios and sometimes never-before-seen situations.

• There are limitations; not every case can be reconstructed.

• Cases can vary wildly. Common accidents often do not need the involvement of an expert. As an expert, I most often deal with the odd scenarios and difficult cases.

• An expert has a variety of tools available to assist in the reconstruction and facilitate demonstration:

– Equations of momentum and motion– Computer modeling programs– Engineering and governing publications (SAE, OSHA, NHTSA, etc.)


Three Main Factors to Consider

• Human Factors:– Physical – size, weight, strength, age– Alertness, emotional state, knowledge, sensory abilities, intoxication– Clothing, corrective vision

• Road Factors:– Roadway dimensions, signs, markings– Lighting, visibility– Weather, objects in road, roadway damage

• Vehicle Factors:– Headlights, signals– Dimensions, weight, performance, stability– Damage, mechanical issues, wear


Who performs accident reconstructions?• Law Enforcement/Police officers: Training and resources vary greatly.

– Many routine accidents and reports– Fatal cases usually get more attention– Typically have less training and less math/physics background

• Private sector reconstructors: Training and ability also vary.– Half come from law enforcement background– Other half usually have college degrees of varying types– Small companies; often one person– Large companies; many experts and support staff, often diversified


Who hires me?

• The person who contacts me first, usually attorneys (sometimes on behalf of the insurance company or company being sued)

• Mostly civil cases, some criminal cases

• Insurance companies may hire me directly.

• Individuals have also contacted me directly, and I will occasionally investigate their accidents.


Case Progression

• The start– I receive a call about an accident that happened an hour ago or many years

ago. New accidents can mean the police report or other information is not available yet.

– Find out what information is available:• Police report (FOIA, order) – time of accident, weather conditions,

other info• Police photos (FOIA, order)• Witness statements• Vehicle availability (tow yard, auto auction, body shop, etc.)• Accident location and condition (has the roadway changed since the

accident?)• Depositions, exhibits, other expert reports


Case Progression• Visit the accident site• Inspect the vehicle• Research case and issues

– Recalls– Driver information (also check Facebook, twitter, YouTube, etc.)– Witness statements and depositions– Cell phone data or download

• Make scale drawings– Draw the roadway, including police measurements if available– Different scenarios – time and distances, witnesses

• Perform calculations and run computer models– Using known downloaded data– Speed estimates from distances and drag coefficients– Speed estimates from damage– Speed estimates from momentum equations– Computer models (powerful and often misused)

• Understand the accident (as much as possible, consider different scenarios)


Case Progression

• Tell the client – No report at this time– Most cases stop here for me; not pursued or settled

• Present information– Write report– Turn over drawings and photographs, sometimes create an animation– Most cases settle

• Depositions– Turn over case file (notes, all materials)– Extensively grilled by opposing attorney

• Trial– 95% of cases settle before trial ends


Police Work vs Full-time Accident Reconstruction

• Most police reports are limited in scope.• Even on cases in which police perform an

accident reconstruction, less information is available (deposition and discovery process).

• A private accident reconstruction, especially on a civil case, may be very in-depth.


Technologies• Electronic Data Recorders – limited motorcycle use

– Vary greatly– Varying data (little data to a great amount of data)– Spoliation issues to consider


TechnologiesComputer modeling – limited use for motorcycle cases


Example Case 1• Police report: 65-year-old wrecks motorcycle; no motorcycle license.

Roadway listed as clean, dry, and in good shape. Witness said motorcycle sparked against guard rail.

• Investigation: Rider had been riding for almost 50 years; he never bothered to get motorcycle endorsement. Roadway had issues that caused loss of control. Guard rail was not hit by motorcyclist.

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Example Case 2• Police report: Driver of Unit #1 lost control of the front end and went

down on its left side, sliding to shoulder (on straight, flat interstate).

• Investigation: Experienced rider who had a shop install new wheels and tires. Front wheel was installed incorrectly and was off-center.


Example Case 3• Police report: SUV turned left into roadway and motorcycle struck SUV.

Driver of SUV said the motorcycle was speeding.

• Investigation: Rider was very experienced, and the SUV driver made an improper turn. Hill created limited visibility. Motorcycle was not speeding.


Example Case 4


Example Case 5• Police report: Car driver wanted to race motorcyclist. Motorcyclist refused to

race, which prompted car driver to brake check motorcycle. Car driver arrested for assault with a deadly weapon.

• Investigation: Very inexperienced rider, with a history of racing and road rage• Result: Car driver convicted

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Rear Tire from Example Case 5

Evans Accident Reconstruction – 2018 Texas Motorcycle Safety Forum

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Miscellaneous items from cases

Evans Accident Reconstruction – 2018 Texas Motorcycle Safety Forum

Investigating Motor Vehicle Accidents...• Private sector reconstructors: Training and ability also...

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