INTRODUCING A 588 SA C O RO A D
STANDISH, ME 04084
NEW AUTOMOTIVE W W W.TOWERPUB. O M
NEWTON'S FIRST LAW – an object
in motion maintains its state of motion (speed
RECONSTRUCTION C ALL US TOLL FREE: and direction) unless an external force causes
the motion to change; sometimes referred to as
RESOURCE the Law of Inertia.
FROM CRASH TO COURTROOM The book’s layout adds to its value to the practicing attorney. Each
“Only someone with Professor Kwasnoski's background – 30 years of teaching physics in classrooms, Book Review by: Robert C. Gottlieb, Esq. section is highlighted by a framed “issue” that asks the most frequently
20 years of testifying as an expert collision reconstructionist in state and federal courtrooms, and 10 asked questions that lawyers have after receiving an expert’s report.
John Kwasnoski’s, From Crash to Courtroom: Collision Reconstruction for Kwasnoski has the masterful ability to anticipate the most frequently
years as one of the country's premier instructors at training conferences across the U.S. – Lawyers and Law Enforcement, is one resource that every attorney who asked questions and the expertise and knowledge to provide clear and
could produce such a powerful and relevant book.” deals with motor vehicle accidents must have in his/her library. comprehensive answers. His book goes beyond the typical forensic
Whether practicing civil or criminal law, Kwasnoski addresses and resource treatise in that the author not only analyzes the important
answers the most frequently asked questions that attorneys have issues but provides samples of both direct and cross examinations of an
Gerald N. Partridge, Esq., Executive Director, Police Legal Sciences after receiving an accident reconstruction expert’s report. His book is
Retired Prosecuting Attorney expert that will become part of every attorney’s trial notebook. I have
written in plain english and speaks to the lawyer in a conversation- used John Kwasnoski as an expert in criminal cases in the past. His new
Adjunct Instructor, National College of District Attorneys al tone unlike the typical forensic textbook. book is as thorough, organized and persuasive as were his appearances
before the jury.
Kwasnoski’s book reflects a clear understanding of a lawyer’s need to not
be at the mercy of either his own or the other side’s expert.
TABLE OF CONTENTS
CHAPTER 1: THE INVESTIGATION
CHAPTER 5: SPEED FROM YAW MARKS
CHAPTER 6: SPEED FROM AN
About the Author....
John Kwasnoski, author of From Crash to Courtroom: Collision
A certified police trainer in more than
twenty states, Professor Kwasnoski has also
co-written three best-selling books:
Investigation and Prosecution of DWI and
FROM CRASH T O
Reconstruction for Lawyers and Law Enforcement is Professor Emeritus of Vehicular Homicide, The Officer’s DUI
OR COLLISION RECONSTRUCTION AIRBORNE MOTION Forensic Physics at Western New England College, after serving thirty-one Manual, and Courtroom Survival. More
REPORT years as a distinguished member of the faculty. Arguably the leading recently, he authored the American
CHAPTER 7: MOMENTUM AND national expert in crash reconstruction, Professor Kwasnoski has Prosecutors Research Institute manual Crash C OLLISION RECONSTRUCTION FOR
participated in such landmark cases as South Carolina v. Susan Smith, Reconstruction Basics for Prosecutors, the first
CHAPTER 2: THE INVESTIGATION OTHER TOPICS in which a mother was convicted of double murder for the automobile generally available manual for prosecutors LAWYERS A N D LA W ENFORCEMENT
on the basic science of crash reconstruction.
drowning of her two children, and United States v. Makharadze, in which a
CHAPTER 3: DRAG FACTOR CHAPTER 8: EXPERT DISCOVERY Russian Embassy aide was charged with, and subsequently pled guilty to, A NE W B O O K BY JO H N B. KWASNOSKI
Additionally, Professor Kwasnoski is the
vehicular homicide in Washington, DC. In Ulm v. Ford Motor Company, founder of CRASH! The Science of Collisions, an educational program
CHAPTER 4: SPEED FROM SKID APPENDICES in which the plaintiff was awarded $1.25 million as a result of suffering a devoted to reducing teenage driving fatalities and improving math and
MARK EVIDENCE crash related spinal cord injury caused by an axle failure, Kwasnoski was the science learning. Using actual police files, specialized laboratory
reconstructionist for the plaintiff. In all, Professor Kwasnoski has equipment, computer software and videotapes, the program is an effective
reconstructed over 750 crashes, including single and multiple educational resource that stresses the importance of responsible driving
while demonstrating to the students the real-world applicability of math
vehicle, pedestrian, train and motorcycle crashes. and the sciences.
TESTIMONIALS: DEPOSITION CHECKLIST SAMPLE PAGES
From Crash to Courtroom: Collision Reconstruction for Lawyers and Law Any trial lawyer, whether involved in a civil or a criminal case involving
Enforcement is an excellent work. Every prosecuting attorney should accident reconstruction, must have John Kwasnoski's book in their ref- These areas of inquiry are suggested as a starting point for the attorney in preparing for the deposition of an expert, or in anticipation of
have this on his shelf, just to make sure the police reconstructionist has erence library of authoritative sources. This text sets out a guide for an speaking with an expert in a less formal manner.
everything in order, OR to see if the defense’s “hired gun” is actually attorney to take a step-by-step approach to vehicle accident reconstruc-
obeying the laws of physics! Your comments about the misuse of the tion, investigation and evidence from the earliest moments of a case
predictor program (SMAC) and the various animation programs are through the trial. This book provides such tremendously valuable infor-
quite to the point and timely. It is very easy for one to create a cartoon, mation and an opportunity for a lawyer to understand the complex o When did the expert get involved in the case?
rather than a true representation of what happened in the crash. principles of accident reconstruction that may very well win the case.
o Did the expert inspect the vehicles, take photographs, take video?
Unfortunately, I have seen the various SMAC programs used improper-
ly more often than not. In essence, you are telling the reader that the Mr. Kwasnoski's text will also allow the attorney to prepare the infor- o Did the expert visit the scene, when, for how long, with whom?
solutions must be checked (sensitivity) and verified with physical evi- mation needed from his or her expert together with preparing lines of
dence. The evidence must be properly obtained, and the proper physics cross examination for the opponent's expert witnesses. o What factual information will the other expert accept in the case?
must be used to analyze it. An excellent reference for the attorney.
The checklists which John has designed and included after each section o What activities did the expert undertake prior to reaching his/her conclusions or opinions?
John Daily, President are a wonderful addition to the text to make sure that nothing is missed
Jackson Hole Scientific Investigations, Inc. from the beginning of the case through the presentation of all testimony. o Areas of agreement between the two experts, and the areas of specific disagreement.
Retired Wyoming Highway Patrol Sheriff,
Reconstructionist and nationally known author I have had the opportunity to work on many cases with John o Tests, measurements, etc. that the other expert has done that bring new information to the case-
Kwasnoski, both as a prosecutor and as a plaintiff's attorney. I know of information the attorney’s expert does not otherwise have.
From Crash to Courtroom: Collision Reconstruction for Lawyers and Law no one who has more expertise and ability to present theory and practi-
cal application of accident reconstruction principles so that it is com- o Literature or treatises that the other expert used in arriving at his/her opinions, or which he/she
Enforcement by John B. Kwasnoski is an important and long overdue
book. It is designed to promote and protect the integrity of reality-based pletely understandable to the layman. relied upon. Get copies of the articles, journals, etc., not just the pages the expert claims to have the
advocacy in traffic collision cases. It will serve the trial lawyer as both a specific information he/she used. The other pages of the article may show that the information
sword and a shield–providing the tools needed for dismantling the James E. Reid, Esq. Managing Partner,
should not be applied to this type of vehicle, under the conditions of this collision.
incompetent or unscrupulous collision reconstructionist; and supplying Greene & Reid, LLP
the road map for building a case on a sound foundation of “cause and o Working notes, calculations, computer printouts, etc. that depict the details of the reconstruction
effect.” process used by the other expert.
Before presenting scientific evidence to a judge or jury, it is essential for
From Crash to Courtroom is the most user-friendly reference on a tech- prosecutors to have a solid understanding of the theory behind that sci- o With regard to computer printouts, be sure the expert provides every page of the printout for the
nical subject I have ever seen. Through case examples, photographs, and ence. The conundrum: many lawyers don't know a thing about science
illustrations Professor Kwasnoski shows in a simple, direct and concise and scientists often have difficulty explaining it in layman’s term. John particular software as there may be valuable information on what input values were used in the
manner how science is properly applied to the physical facts of a colli- Kwasnoski, however, has that rare gift of turning science into simplicity. calculations.
sion. Each chapter includes a primer on the vocabulary and basic con-
cepts of collision reconstruction. The unsupportable presumption, the Thanks to this book, the science of crash reconstruction finally makes o Ask how to get a copy of the User’s Manual for any computer software. The attorney’s own expert ORDER FORM o YES! Please send me From Crash to Courtroom at just $125. 00
(Canada $155.00) per
misapplied scientific concept and the tactical omission of a key fact sense and the prosecutor or law enforcement officer who reads and relies will want to have this document as part of preparation for cross examination of the expert. copy to examine for 30 day risk-free trial examination. If satisfied, I will honor your invoice.
upon which unfounded opinions rely all become self-evident. upon it will surely be more effective in not only explaining crash recon-
o Get the expert to specify any assumptions that were used in the calculations, and what was the basis
FR O M C RASH T O If not, I will mark "cancel" on the invoice, return it with the book, and owe nothing. FREE
struction evidence in court, but also assuring its reliability before even
Only someone with Professor Kwasnoski’s background–30 years of
teaching physics in classrooms, 20 years of testifying as an expert colli-
entering the courtroom. for those assumptions such as literature, personal experience, or generally accepted information in CO U R T R O O M shipping and handling when you enclose payment with order! (Save $7.00)
sion reconstructionist in state and federal courtrooms, and 10 years as Kim Fogarty TO O R D E R T O D A Y , CALL 1-800-969-8693
one of the country's premier instructors at training conferences across Traffic Safety Resource Prosecutor Ship To:
o Areas of testimony that the other expert does not intend to visit, or in which he/she will admit to o Check enclosed
the U.S.–could produce such a powerful and relevant book. Massachusetts District Attorneys Association not having expertise. Quantity: payable to Tower Publishing.
While lawyers (and their experts) who choose to advocate case theories Author of Massachusetts Prosecutors OUI Manual
that conflict with science and physical facts may not need this book, o Establish a basis for anticipated cross examination and/or impeachment of the other expert at trial. Order Total: $
they had better hope their adversaries don’t have it.
o Charge my credit card (Check One):
John once again is able to take even the most difficult aspects of colli- o Get the expert on the record regarding what was not done. The attorney’s own expert may make Shipping o o o o
Gerald N. Partridge, Esq. sion reconstruction and put it into meaningful prose. What a phenom- suggestions in this regard.
Retired Prosecuting Attorney, Adjunct Instructor at the
& Handling: $ Address:
enal book! Combined with real world examples that show actual mis- $7.00 per Product in U.S.
National College of District Attorneys, Executive Director, takes, and explanations of how and why the mistakes occurred, make o Follow-up after the deposition. Get the documents the expert has agreed to provide, copies of $15 per Product to Canada
Police Legal Sciences, Inc. Card No.
this text a must have for every police reconstructionist and prosecutor. photographs mentioned in the deposition, and any other information asked for and agreed upon by
the expert. Sales Tax: $ Exp: VER# City: State: Zip:
Sgt. Joseph E. Stephenson ME residents add 5% sales tax:
Mr. Kwasnoski is adept at identifying the practical aspects of accident Accredited Reconstruction Specialist Phone:
reconstruction and the necessary leg work to build a strong case in Biddeford, Maine Police Department
court. He was able to explain the mechanics of the accident reconstruc- Total: $ Signature: Fax:
tion in an understandable manner. He was invaluable to my case.
The discovery process is the most important phase of preparing the case for settlement negotiations or trial, in the opinion of the author. The
Debra M. Walsh, Former Deputy County Attorney, attorney cannot make decisions about the disposition of the case involving this type of technical information and opinion without as complete an Place this card in envelope and mail to: Tower Publishing, 588 Saco Rd, Standish, ME 04084
Rockingham County, NH understanding of what both sides in the case really are saying. In cases in which the author has been involved the level of preparation and self- www.towerpub.com
education of the attorney has been noticeably more important that the actual courtroom skills of the attorney. MVTESTBRO