It was a bright sunny morning in Columbus, Mississippi. A woman drove southbound on US Highway 45 in her 2004 White GMC. She failed to notice roadwork signs warning motorists of an approaching construction zone where city-contracted landscapers were working. Without stopping, she crashed into a large forestry mulcher that was slowly crossing the highway. Initially, officers deemed the driver of the mulcher at fault. However,  Jay Atkins of McAngus Goudelock & Courie, an insurance defense attorney with over 20 years of experience, attained a favorable outcome for the landscaping company using an accident reconstruction animation that illuminated the woman’s culpability.
The Defendant drove the forestry mulcher across the highway to continue his work. He noticed the woman barreling towards him and attempted to reverse out of the way, but it was too late. The woman’s SUV collided with the mulcher’s front end at 60 miles per hour and ripped her door off completely. Both drivers were injured, but the driver of the mulcher sustained a head injury that left him dazed. Officers arrived and recorded the mulcher driver’s statement shortly after the crash. However, due to his head injury, he had difficulty remembering which lane the accident occurred in. He explained he was coming out of the median strip when the woman struck him in the far-left lane. The woman asserted she drove safely in the far-left lane when the mulcher unexpectedly cut in front of her.
The woman’s attorney filed a lawsuit against the mulcher driver’s employer. Thus, the company reached out to Jay Atkins to help defend against the wrongful claim. Jay’s mission was to minimize his client’s degree of fault. He knew a potential jury would also find his client liable because he should have waited for a vehicle to escort him across safely. However, during discovery, Jay obtained surveillance footage from nearby businesses that showed the collision. Coupled with information from the Plaintiff’s event data recorder, he realized the woman was driving carelessly.
While the security camera videos captured the wreck, it provided an incomplete story on what led to the incident. However, it captured the woman traveling in the far-right lane when the crash occurred, contradicting both testimonies. Furthermore, using the woman’s black box, Jay’s accident reconstructionist discovered she failed to apply her brakes and didn’t take any evasive action. Jay needed a demonstrative that connected the dots, identifying the woman’s actual lane-of-travel and inattentiveness. Therefore, he shared his evidence with DK Global.
DK Global created an animated presentation for Jay that commenced with the surveillance footage. The lanes on the road were enhanced with color-coded lines to clearly show the Plaintiff and Defendant’s positions. The woman was captured driving in the right lane with no obstructions in front of her that could have impeded her view of the mulcher or roadwork signs. Simultaneously, the mulcher carefully traversed the highway. A timer counted down the distance until impact, indicating the woman had ample time to avoid the collision. Then, the woman’s point-of-view was reconstructed using information from her vehicle’s event data recorder, revealing she made no attempts to slow down.
Jay shared the DK Global presentation at mediation with the opposing counsel. After illuminating the Plaintiff’s negligence, Jay offered a favorable settlement to resolve the matter, saving valuable time and money.
For over 20 years, Jay Atkins of McAngus Goudelock & Courie has defended his clients in construction litigation, products liability, and transportation matters. He has earned the Martindale Hubbell Peer Review Rating of “AV Preeminent” and was recognized as a Super Lawyers “Rising Star.” Jay routinely presents at legal seminars, sharing his expertise and trial tactics.