In this case, there was a pedestrian signal defining when the pedestrian would have been permitted to cross the roadway. The major issue was whether the pedestrian was properly waiting on the sidewalk for traffic to clear, or whether the pedestrian stepped into the roadway prior to receiving the walk signal.
Witness testimony (as it sometimes is) was contradictory. Some people had the pedestrian on the corner and described the trailer moving onto the curb striking the pedestrian. Others stated the pedestrian was in the roadway and started to walk into the roadway after the tractor cleared (while the trailer was still turning).
Physical evidence (blood/tissue) and the point of rest of the pedestrian allowed for a determination as to where the right rear tires of the trailer were at the time of the collision.
Utilizing measurements and specifications of the tractor-trailer along with a physics-based engineering program, the accurate turning path of the tractor-trailer was defined in order to establish whether the vehicle moved, in any manner, up onto the curb/sidewalk prior to, or at the time of the collision. The engineering analysis (completed in 2D and 3D so the view of the tractor-trailer operator could also be evaluated), showed clearly that the tractor-trailer was on the roadway during its entire turn path and that the only way the pedestrian could have been struck was if the pedestrian had moved into the roadway, into the path of the trailer portion of the right-turning tractor-trailer.
The analysis was supplemented with 2D and 3D engineering scale diagrams and an engineering animation demonstrating the dynamics of this unfortunate event.
Steven M. Schorr, PE, President of DJS Associates is a Collision Reconstruction Engineer. He can be reached via email at experts@forensicDJS.com or via phone at 215-659-2010.