Use of Video in Injury Cases
Demonstrative evidence, such as maps, models, charts, diagrams and photographs are a basic part of our trial process. They are helpful, illustrative tools for witnesses who are testifying about a concept or relating the facts of a case. Perhaps no other tool in a Broward County personal injury attorney’s arsenal has more of an emotional and long lasting impact as the litigation video.
Broward County Personal Injury Attorneys & The “Real Time Simulation Video”
Broward County personal injury attorneys often point out that Videoevidence is often the only way to communicate other important aspects of a personal injury case. Most accidents actually occur within a very short time frame: usually a few seconds. The resulting trial, often taking weeks of time, is spent sorting out what must have happened during those few critical moments. It's easy for all trial participants, including the jury, to miss that critical time element.
Every incident is really a multiple parameter dynamic situation. That is, within the very short time that it takes for an accident to occur, many events are occurring simultaneously, all or some of which may contribute to the accident. Broward County personal injury attorneys use the term “real time simulation” to describe the concept of recreating the multiple parameter dynamic situation.
For example, assume you are defending the driver of a car in a Broward County personal injury case. The facts are that your clients automobile collided with another car after it had turned directly into your client's path. The central liability issue in the case is whether your defendant had enough time to perceive the danger and avoid the collision. It takes days, perhaps even a week or more, of verbal testimony to sort out everyone's version of the facts. Eyewitnesses, police officers, the plaintiff, and defendant all testify, not to mention the expert testimony given by each side. Days of testimony to describe what actually took four seconds to occur. Your best defense--no time to avoid a collision--could be obscured by the very nature of the proceeding: too much time spent trying to understand the facts.
Broward County personal injury attorneys will tell you that Videoevidence offers you a novel cure for this problem.
If your best defense is the limited amount of time your client had to avoid a crash, you have to be able to effectively communicate that your client could not have avoided a collision and that fault for the accident was not his. You must demonstrate that fault for the accident rests entirely with the driver of the vehicle that turned directly into your client's path. That's a tough assignment under the traditional method of trying cases. Today, however, the concept of real-time simulation, accomplished through the technique of computer-generated animation, will help you to visually communicate the four seconds your client had within which to first perceive the danger and then to do something about it.
Assume that all of the critical foundational facts are not disputed: The cars were traveling at "x" speed; the vehicles were "x" feet apart; the other defendant admits that he turned into your client's path, but says he thought he had enough time to make it. Through the technique of computer animation, these facts can be ation within its precise time frame. w Strategists Can Use It 185 recreated to visually portray what must have happened and will permit the jury to understand why your reconstruction expert thinks your client was not at fault.
The sequence of multiple parameter events occurs on the computer screen as supported by the undisputed facts. The recreated cars move in "real time"--here, four seconds--from the time the situation begins to develop until the crash occurs. It will, therefore, be much easier for you, as defense counsel, to visually present your expert's theory of insufficient reaction time. Using a technique of this sort, your expert can explain what he thinks must have happened, based on all the undisputed physical facts.
Viewers of this evidence will perceive if the cars are moving faster or slower than the facts indicate. That's part of the beauty of this technique: The credibility of the videoevidence can be judged squarely within the sensations of the viewer. Attorneys could thus diminish the effectiveness of what they are trying to accomplish--or even lose the case--if they attempt to manipulate the evidence in order to influence the results.
Thus, the concept of computer-generated animation recorded on videotape for presentation at trial is a unique way to visually communicate an issue.
Call our Broward County personal injury attorneys today.