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Kersey v. Ruch Trucking12/1/2003
ached to a scale. The tire, which was filled with cement and steel fragments, weighed 75 pounds. Moore stated that the coefficient of friction is usually around 0.67 to 0.70. Moore performed the dragging exercise six times.
Averaging the results of the six drags, Moore determined the coefficient of friction to be 1.08. Moore acknowledged that the coefficient of friction he obtained was higher than average for this type of pavement. However, he attributed the higher number to the fact that the skid mark ran "across the grain of the pavement" so that "it was almost like a new pavement" and that the truck was moving on an untraveled portion of the pavement. Using 1.08 as the value of the coefficient of friction, Moore determined that the speed of the truck was 57 miles per hour at the beginning of the first visible skid.
The "barrier equivalent velocity" or "crush" test measures speed at impact. This test involves measuring crush damage. Accordingly, several days after the crash, Moore measured the crush damage to the station wagon. Based on these measurements, Moore determined that Lyle's truck was traveling 52 miles per hour at impact. The momentum test also determines speed at impact. The momentum test involves evaluating the directions in which the vehicles travel prior to impact and the directions in which they travel after impact. Using the momentum test, Moore calculated the speed of the truck at 58 miles per hour. Based on all three of his analyses, Moore concluded that the truck driven by Lyle was traveling 57 miles per hour at the beginning of the first visible skid and 52 miles per hour at the time of impact.
Using the momentum test, Moore also determined that Shawnna's vehicle was traveling 26 miles per hour at the time of impact. Moore opined that given the speed of Shawnna's vehicle, if the truck had been going between 25 and 35 miles per hour, the collision would not have occurred. Moore also opined that if the truck had been going 40 miles per hour, the two vehicles may have "touched bumpers," but he even doubted that.
On cross-examination, Moore admitted that the coefficient of friction is generally reduced by 25% when determining the speed of trucks and that he did not reduce the coefficient of friction in this case. Moore cautioned, however, that a 25% reduction in the coefficient of friction does not yield a corresponding 25% reduction in the speed of the vehicle since the 25% is taken off of the coefficient of friction at the beginning of the formula. Moore also stated that his investigation revealed that at the time of the collision, traffic traveling south on Alpine Road had the green circular signal. Moore conceded that if southbound traffic had the green circular signal, it was not possible for Shawnna to have had a green or yellow arrow signal. Moore testified, however, that Shawnna would have had the green circular signal and that Shawnna could have turned left on a green circular signal provided she yielded to oncoming traffic. On redirect examination, Moore testified that the 25% reduction in the coefficient of friction that is generally applicable to trucks did not apply in this case because the vehicles were moving sideways.
The parties also presented the videotaped deposition of Daniel Broughton, the safety supervisor for Rush and Red Arrow at the time of the accident. Broughton testified that part of his job as safety supervisor was to investigate collisions and that he investigated the accident that occurred on December 12, 1996. Broughton acknowledged that someone for Rush and Red Arrow did some reconstruction of the December 1996 accident. However, Broughton stated that he never spoke to that individual.
Prior
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