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Bertoldo Baker Carter & Smith Attains Favorable Settlement Using Reconstruction with Accurate Lighting Conditions

What was supposed to be another warm morning just east of the Las Vegas Strip turned into a nightmare. A driver of a large fuel truck stopped at a red light behind a public bus, waiting to make a right turn. As he scanned ahead, observing potential oncoming traffic, he failed to check for pedestrians nearby and proceeded into the crosswalk. Without noticing, he collided with a woman cycling to work, inflicting fatal injuries as he dragged her across the scorching asphalt before coming to a stop almost 100 yards away. Larry J. Smith and Brett A. Carter of Bertoldo Baker Carter & Smith attained a substantial settlement for the woman’s surviving family by using an accident reconstruction animation demonstrating the driver’s point-of-view that fateful morning.

The driver stated he did not see the woman due to a combination of the bus in front and glare from the sun’s position in the sky obscuring his vision. Indeed, first responders investigated the scene, recorded the driver’s statements, and declared the woman liable for the accident and her death, stating she violated traffic laws by cycling through the crosswalk.

The woman’s family contacted Larry Smith and Brett Carter to represent them, seeking justice for their tragic loss. The two attorneys filed their case, began their discovery, and retained several experts to assist them in their fight to unveil the truth, including an accident reconstructionist and an illumination specialist. Then, they contacted Senior Visual Consultant Alex Deaconson, formulating a visual strategy to disprove the Defendant’s claim that his vision was obstructed.

Larry, Brett, and Alex concluded an accident reconstruction animation was the most potent strategy. However, the animation required surgical precision. Any inaccuracies would render the animation useless and could easily be excluded in court. Therefore, Larry and Brett’s illumination expert worked closely with DK Global’s 3D Generalist, Alain Manzo. Alain applied the expert’s analysis and data of the sun’s position at the time of the woman’s death into creating an accurate animated environment. Then, with the accident reconstructionist’s direction and the positional data acquired from the vehicle, the fuel truck’s movement was carefully simulated. Finally, using the Defendant’s height and the lighting conditions provided by the illumination specialist, a point-of-view from inside the cab was recreated.

The completed animation began with a view following the fuel truck as it advanced towards the intersection, showing the woman in the middle of the crosswalk. As she noticed the vehicle driving towards her, she attempted to move out of the way, but it was too late. Next, a photo of the aftermath overlaid onto the animation, demonstrating just how far the driver went without noticing he ran someone over. Ultimately, the Defendant’s point-of-view showed the cyclist in plain sight and how her death would have been avoidable if only he took a moment to pause and check his surroundings.

After presenting the animation and evidence to the Defense, the opposing counsel deposed DK Global’s 3D Generalists, examining the methodology used to create the simulation. The animators asserted that the demonstrative was accurate and authenticated using the evidence provided by the experts. Soon after, Larry and Brett attained a favorable confidential settlement for the woman’s family, clearing her of fault for the incident.

Lawrence J. Smith is an attorney in Nevada with over 20 years of experience relentlessly advocating for his clients. As a member of the Multi-Million Dollar Advocates Forum, Lawrence has successfully recovered multiple high-value verdicts. Lawrence was selected into the prestigious Super Lawyers collection in 2019, recognized by his peers for his professional achievements and philanthropy.

Nevada Justice Association Immediate Past President Brett A. Carter has been recognized with several awards for his work within the personal injury field since he began practicing in 1996, including The National Trial Lawyers “Top 100 Trial Lawyers.” A recipient of “America's Top 100 Attorneys Lifetime Achievement”, Brett is also a “Multi-Million Dollar Advocate” and Super Lawyers member. Recently, Brett was featured as one of “Las Vegas' Top Lawyers” by Real Vegas Magazine in 2019.

"DK Global is always looking to provide the most accurate, realistic, effective animations. They are extremely responsive to the intellectual process, which results in animations that can literally change the stance of a case. Get the animation that the defense does not want the jury to see!"
Larry Smith - Bertoldo Baker Carter & Smith
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