From Crash to Courtroom: Collision Reconstruction for Lawyers and Law Enforcement.

From Crash to Courtroom: Collision Reconstruction for Lawyers and Law Enforcement

John B. Kwasnoski Tower Publishing www.towerpub.com 400pp., $125

When dealing with experts in subjects such as math, physics, and engineering, it is not uncommon for personal injury lawyers to have strong feelings of inadequacy. After all, many of us were liberal arts majors. The prospect of evaluating the conclusions of an accident-reconstruction expert, and cross-examining an opposing one, can be particularly daunting. For such people, this book is a godsend.

In From Crash to Courtroom, John Kwasnoski, a noted expert in accident reconstruction, explains a very complicated subject in a clear and concise manner. The book is written for the nonscientist who needs to understand what goes into the after-the-fact determination of crash variables such as speed, distance, position, and even which occupant was driving. The author explains scientific concepts primarily with words and illustrations rather than equations.

As Kwasnoski points out, accident-reconstruction experts seldom disagree about the application of known formulas to agreed-upon data. The key to evaluating whether their conclusions are accurate is determining if they have obtained all the available data and whether it truly supports the conclusions they have drawn. To make this easier, the book provides many checklists of information that should be obtained wherever possible, and factors that can skew data that might otherwise appear reliable. These checklists will help readers construct questions for deposition or cross-examination.

The book not only deals with the general science of accident investigation; it also includes chapters on specific topics like drag factor and determining speed from skid-mark evidence, yaw marks, and airborne motion. Each chapter is divided into subtopics, with case studies and concise statements showing the topic's relevance to certain issues. For example, one subsection poses the question: "Is the speed of the pedestrian's body, as it slides on the pavement, a true reflection of the impact speed of the striking vehicle?"

In another section, Kwasnoski identifies the weaknesses in CAD (computer-assisted drawing). He explains why "stopping distance" charts may be unreliable in particular cases, how different investigators' measurements of the same sets of skid marks may differ radically, and why the distance that a mailbox travels after having been struck by a vehicle does not accurately indicate the speed of the striking vehicle. This can be "make or break" information for a plaintiff lawyer.

Kwasnoski also includes a chapter on expert discovery. It gives detailed advice on how to prepare for the deposition of an accident-reconstruction expert, how to assess his or her credentials, and how to frame questions about methodology and opinions--with a useful checklist.

To be sure, From Crash to Courtroom is not beach reading. This book is organized so the reader can use it, first, to become educated about the science and methodology of accident investigation and, later, as a reference to consult when specific issues arise and to prepare for depositions and trial.

At $125, this is not an inexpensive book. At first blush, it may not seem like a good deal. However, attorneys who handle auto cases and must deal with accident-reconstruction experts will find it well worth the expense.

DAVID M. KOPSTEIN practices law in Seabrook, Maryland.