The reports and statements prepared
by the investigating police unit in an accident involving death usually are of a much higher quality than the normal investigation by a police agency where there has not been a fatality. Police departments will usually assign police officers or state troopers to the case who are qualified as specialists in accident reconstruction. In reviewing the inves- tigative reports, either from a defense perspective or plaintiff ’s perspective, it should be noted whether the narrative description of the accident is based upon the officer’s discussions with witnesses
and the operators of motor vehicles. Those descriptions need to be verified and the conclusions as to the cause of the occurrence should not be accepted at face value. For instance, in a case which involved
a vehicle operated by the defendant traveling on a curve over black ice, left the roadway, and overturned, killing the passenger, the conclusion of the investi- gating Maryland State Trooper as to the cause of the accident was the “inexperi- ence” of the defendant driver. Other than black ice on the highway, there was no evidence of excessive speed, drinking,
or other contributing factors playing a part in the accident. At deposition, the Maryland State Trooper testified that the sole basis for his final conclusion of “inexperience” as the accident’s cause was the age of the defendant operator. He admitted on cross examination, however, that when faced with a black ice condition, experienced drivers were as likely to lose control of the vehicle as an inexperienced driver. In a case involving factual issues con-
cerning vehicle operation and roadway conditions, it has been my practice to retain an accident reconstruction expert.
Special Thanks
Sustaining Members
Wanda D. Browne Christopher J. Nace Edward L. Norwind Patricia F. O’Connor Steven Van Grack
MTLA thanks members who gave over-and- above their annual dues either by becoming a Sustaining member or by making a special
Legislative Contribution. These options appear on the annual dues invoice and on the membership application.
Sustaining members pay twice their annual dues to help subsidize reduced rates for Young Lawyers and Law Students.
Legislative contributors help MTLA pay for expenses associated with political activities that are not direct campaign contributions to candidates.
Legislative Contributors
Michael M. Ain Clay M. Barnes Melanie J. Barney Bruce A. Blaylock Lindley C. Cowperthwait, Jr. Thomas Fay Jack A. Gold James Hock, Jr. Michael J. Jacobs Ronald H. Jarashow Douglas C. Lauenstein Jack D. Lebowitz Robyn B. Lupo Kevin A. Mahoney Darren Margolis Michael Marmelstein John C. Monahan
Franklin J. Muher Kevin P. Murphy Terry A. Myers Vadim A. Mzhen Kevin T. Olszewski L. William Proctor, Jr. Eric F. Rosenberg Peter L. Scherr Daniel E. Schultz Gary L. Segal Eric W. Segel Stevan G. Simons Steven A. Skalet Thomas G. Slater Robert M. Stahl, IV Jeffrey Stavisky
John B. Stolarz Jack R. Sturgill, Jr. H. Jeffrey Tabb J. Brian Tansey Thomas Teodori Kenneth M. Trombly William Turc, Sr. Peter Ayers Wimbrow, III
March 2008
50
Trial Reporter
Fall 2008
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