Speeches & Articles

Using an Expert in an Accident Case, by Robert Fickman

Stanley Schneider and I recently represented a Pasadena bus driver, charged with manslaughter. The charge was based on an accident which occurred when the bus driver hit and killed a child in the fall of 2005. Early in the case it became obvious that we would need an expert witness to counter the numerous "experts" the State claimed it had. Fortunately for us the civil firm representing the school district had already contacted expert witness, Bob Swint with ATA Associates. I met with Bob and learned the importance of involving an expert early on in any collision related case.

On the day of the accident Bob's firm, had been contacted by the school district. Bob and associates had immediately gone to the scene, where they took measurements and photographs that would prove crucial to the defense. The bus involved was also taken to Bob's business where studies were completed regarding blind spots.

While still working with the civil lawyer, Bob met with the prosecutor in an effort to demonstrate that the case was an accident. Nothwithstanding Bob Swint's best efforts, the prosecutor had his own beliefs and proceeded to file murder charges.

At that point Stanley and I got involved with the case. I contacted Bob and learned the enormous amount of work he had already put into the case. Bob's company, ATA Associates, a Houston based engineering firm was happy to assist us in our case.

During trial preparation ATA created numerous defense exhibits. The exhibits included interactive DVD's which included media coverage, site videos, photographs, video still frames and computer generated graphics site re-creations; animated sequences showing critical bus and bicycle motions. Evidence presentation books as well as mounted photographic enlargements of important defense contentions complimented the DVD presentations.

We used Bob's materials not only during opening but also during cross of almost every witness and during direct. Bob also made an excellent witness. As a former NASA engineer who helped save Apollo 13, he has impeccable credibility. His firm not only works on automobile accidents but also trucking, railroad and amusement ride accidents.

ATA's expert site documentation evidence collection and expert analysis, as well as quality evidence presentation, in the form of computer generated graphics and three dimensional animations all helped win the case.

ATA Associates handles a large number of truck accident cases nationwide. They have been instrumental in the adoption by many trucking companies of "Quick Response" accident coverage. A "Quick Response" sends an investigation crew from ATA immediately to the scene of any accident that a company's truck might have. By doing a thorough job of gathering and recording evidence at the scene - surveying the accident site, photographing and videotaping the involved vehicles and their damage patterns, skid marks and roadway damage and surrounding area - the company is able to help defend the accused. I am quite certain that without ATA's assistance on our case we would not have had the positive outcome we had. Anyone defending a serious accident case should consider using an expert like ATA and Associates.

ATA Associates is located at 1301 Gemini, Houston, Texas 77058 and can be contacted at 281-480-9847 or ata@ataassociates.com. Their website is www.ataassociates.com.