Daubert and Frye Qualifications
Below are Mr. Taylor's acccomplishments, satisfying Federal Rule 702 (Daubert) qualifications in "any one or more" of 5 categories about civil or criminal reconstructions: 1. Experience, 2. Knowledge, 3. Education, 4. Skill. or 5. Training. He also complies with "Frye" requirements of Generally Accepted Analysis and Methodology for Animations of Accident Reconstructions.
1A. Experience- retained in 277 cases, of Expert's Accident Reconstructions in 14 vehicles specialties, and 24 non vehicles categories, in 37 states. Before programming animations, each of his cases required a physics accident reconstruction first, based upon evidence of created formulas (of time, distance, position and velocity), sketching velocity/time graphs, timing scripts, constructing vehicles and people, and constructing a 3D CAD accident site with visual evidence like skids. Animations are dynamic moving visual demonstrations of all evidence and physics formulas, transformed to videos looking like every day juror's experience and easily understood. Usually there is a report of what was relied upon for the animations.
· Heavy trucking- ~20 cases, 61% of animations hours as of 2009, 6 described at Scott's temporary trucking web site page @ https://www.seakexperts.com/members/11000-scott-j-taylor
· Complex freeway multi-vehicle sequential accidents- the most complex involved 5 trucks and 4 cars, for 11 impacts, whereas a simple accident has 2 vehicles and 2 impacts.
· Cars and pickup trucks, not including heavy trucks ~55 cases
· 3D crime scene reconstructions- of over 22 cases, including 18 shootings with ~53 shots fired, 21 wall/window holes animation ballistic angles lined up, 3 cases involving police excessive force, gunpowder spray, knifing, wire strangling, shotgun blast, shells ejection pattern, and accidental shot.
· Subtle night lighting involved in vehicle accidents- ~15 cases,
· Surprise 3 compounded delays of perception reaction time- 1 case,
· Motorcycles- ~13 cases,
· Whiplash neck & spine injuries- using mathematics model for adaptation to cases, ~14 cases,
· Vehicles and equipment products liability- ~13 cases,
· Explosions and fires- vehicles and houses- ~12 cases
· Forklifts- ~11 cases,
· Pedestrian accidents- ~9 cases,
· Trains collisions with vehicles- ~7 cases
· Rain/fog/snow/ice vehicle accidents- ~6 cases,
· Cranes and lifts- ~5 cases,
· Driver obscured visibility due to foliage liabilities- ~5 cases,
· Electrocutions- 4 cases- people, circuit panels, and explosions,
· Vehicles vaults- ~3 cases,
· Riding lawnmower product liability deaths- 2 cases,
· Other specialties produced- Vehicle rollovers, falls from 2nd story, slip and falls, sailing failure to yield, flood of lowlands, Hurricane Hugo cottage waves damage, bicycle accident, nursing home inadequate care, scuba diver, sun glares, dog knocked toddler over, gyroscopic force encouraged vehicle tipover, NOA wind direction gaseous dispersion, saddle bag gas tank, hurricane trees behavior, and 2 Patent violations.
1B. Experience- Provided opinions in ~147 accidents reports and testimonies about,
· Vehicles paths, accelerations, decelerations, rotations, speeds, principal direction of force, initial point of contact, delta-V (velocity), roadway markings, final at rest, crush damage, distances, times, visibility, etc.
· Night visibility distances, lighting, variables affecting lighting visibility, and night background photos.
· Night lighting national precedent for judges to qualify admissibility accuracy for animations.
· Occupant kinematics in front and rear whiplash injuries, applied in over 14 whiplashes
· Foliage obstructed views, of trains, motorcycles, and vehicles.
1C. Experience - Scott's 1992 jury animations viewing, was appealed, and upheld by the "4th Circuit Appeals Court", setting precedent for the South Eastern states and America.
· Scott's proven design of his first successful "Animations admissibility questions
protocol" was then used by him to obtain admissibility in GA, TN, and other states.
· 61% of billable reconstruction animations hours were in heavy trucking accidents (up to 2009)
· He is a "Malcomb Gladwell qualified expert with greater than 10,000 billable hours" as of 2009.
· The 180 vehicles cases reconstructed and animated, were often complicated, such as--
gaseous dispersions of varying densities in a gas tanker truck explosion, exact foliage appearance and size representations, fires or explosions caused by impacts or other causes, animating gyroscopic precession forces dynamics, software diagnostic graphs of animation vehicle speeds accuracy, programming of front or rear end collision whiplash kinematics, rear view mirrors, a special A.I. programming technique for a 9 vehicle freeway chain reaction, night lighting animations calibration to a photograph with wide range of contrast visibility, etc.
· Scott was the only Accident Reconstructionist for ~36 of ~149 trucks and vehicles cases.
1D. Experience- 11 Experiments to scientifically quantify variables -
· Physics study of car window glass shatter dispersions, with shattered glass spills out the top of the front passenger window, to obtain glass dispersion distances from the road edge.
· Night lighting of animated accident, national precedent admissibility standard
· Physics headlight visibility distance experiment, of when a car was visible at hill crest, so that an animation would be accurate regarding time of visibility.
· Night traffic experiment, to statistically determine the average location of 35 cars
stopping and turning left into a gas station.
· Twilight sunset subtle night lighting experiment, to photograph exact lighting luminance, hue, and saturation values of trailer visibility strips, and lights. The time matched time of accident relative to sunset.
· Night reflectors and license plate visibility distance experiment. This provided a reliable visibility distance, and a much more realistic and accurate animation view.
· Photography and surveying experiment of foliage locations blocking visibility of a train (warning signal lights mistakenly bagged), so animation foliage types and sizes matched exactly.
· Photography experiment of visibility from a stop sign, of foliage blocking driver's
vision. The animation's driver view was then identically blocked by accurate sized foliage.
· Night commercial district lighting photography, 3 sessions managed live by phone, for accurate animations photographed backgrounds of what illegal J Walkers looked like running in front of cars.
· Experiment of a hands held gyroscopic precession force model. When jurors abruptly turned handles of a spinning child's bike tire, the tire tried to twist/roll at a ninety degree angle to the turn direction. This non obvious invisible powerful force, significantly contributes to rollover for "super lifted" trucks with large tires.
· Physics experiment of a crane boom physical model to find average fall time and acceleration.
2A. Knowledge- Publications and Lectures- · Article in 8 state trial lawyers magazines, about animations examples, case theory completion, expediting settlement, admissibility, ROI, etc.
· 2 Papers suggesting Judges animations admissibility questions, based on 12 Law books of "Federal Evidence Rules", as requested by prominent Attorney Kendall Few to personally present to the National Institute For Trial Advocacy, annual meeting in Keystone, Colorado.
· 2 accident reconstruction animations papers written for state and county CLE programs
· Mr. Taylor has presented 12 lectures about animations, usually for CLE credit
3A. Education- Purdue Engineering University, 1967 Bachelor of Science in Industrial Management (engineering math and A.I. statistics models applied to business), and a minor of Quantitative Methods (computerized O.R. and A.I. math modeling). Scott's 36 credit hours relevant to accident reconstructions, equals 1 year of 2 semesters, of University classroom courses, including:
· Physics 152, 4 hours credit, tested into advanced course (consolidating 6 hours course work). Including Newtonian physics used in accident reconstruction, acceleration/deceleration (of velocity, and rotations, rollovers), braking friction coefficients, momentum conservation, centrifugal force, etc.
· Differential and integral calculus 14 hours credit. Velocity = rate of distance change vs time, acceleration = rate of velocity change vs time, Momentum = mass x velocity
· Mechanical drawing- 3 hours credit. This course taught drawing to visualize 2D/3D perspectives, see how acceleration is the differential of velocity vs time, and velocity is the differential of distance vs time.
· Engineering Science Aeronautical Engineering Statics and Dynamics 207, 3 hours credit. Newtonian Physics of moving objects, resolving a force vector into components x, y, and z, over time. His experienced proof of this course occurred in his first Rockies skiing at Jackson Wyoming, where his ability escalated from intermediate to an expert skier, by imagining skiing force vectors, tuned one by one, until just a few vectors controlled skiing an expert steep slope in a "white out" blizzard of only 3' visibility, only by feeling the forces.
· Quantitative A.I. Methods of applied optimization and applied statistics, 305 306, 6 hours credit. Course examples could include industrial and electrical engineering, computer sciences, economics, statistics, and industrial engineering. Most all SAE physics research papers present statistical conclusions regarding perception reaction times, braking/acceleration times, night visibility, distance, witness speed. etc.
· Statistics A.I. - 6 hours credit. Reconstructions use in analyzing vehicles motions range of variability and expected value, to understand studies, of witness estimates inaccuracy (distance, speed, and time).
· A.I. Artificial Intelligence programming- in several courses on Purdue's CDC Control Data Super Computer, of statistics, CPM Critical Path Method, Linear Programming, Shop Floor Layout, and more.
3B. Education- Independent publications studies, explain methodologies for Frye qualification.
· 109 back issues of "Accident Reconstruction Journal", 21 inches thick, gift from Expert Robert Taylor, Experts Accident Reconstruction manager, at the experts firm "Engineering Design and Testing"
· "Traffic Accident Reconstruction fundamentals", 56 page book, gift from author, Expert Elvin Aycock
· "Evidence In Traffic Crash Investigation and Reconstruction", 2006, 295 pages, $60, Amazon
· "Expert Testimony", $176 188 pages book from Amazon.com, rating 4.5 of 5
· "Crash Reconstruction For Prosecutors", 31 pages
· "Low-Speed Automobile Accidents: Investigation & Documentation", whiplashes, 194 pages
· "The Way Things Work (1 & 2)", books for study of physics such as Gyroscopic force
· "Gray's Anatomy", study of body parts- for inserting X-rays into animations.
· Many SAE Society Of Automotive Engineers papers about- perception reaction time increases, inaccuracy of human estimates (distance, speed, time), whiplash, night visibility distance of people.
4. Skill- · IQ 143 = 1 in 278 people, on the GRE Graduate Schools Records Exam at age 26 in the Navy, and joined "high IQ society" MENSA Board of Directors. By comparison, the average American university student has a 113 IQ equal to 1 in 5 people.
· 99% aptitude in "Mathematical Usage", tested by pre college Merit Scholar exam
· 98% aptitude in “Mathematical Formulations”, tested by Purdue Engineering entrance exam
· "Top Secret Security Clearance", highest clearance, qualified in NAVY after background investigation
· Over 88% of studied 230 cases in 2009 had satisfactory early settlement offers, and ~9% were considered won in trial, which are due to skills of- 1. Skillfully crafted animations visually demonstrating physics of the accident. 2. simple and clear Accident Reconstruction reports logic of how the animations demonstrate evidence/statements, and 3. Physics description of why alternative theories are unlikely.
· Listed above are many proprietary examples of very complicated reconstructionist tasks, including passing the leading edge of current expert's studies at that time, such as 1. 9 vehicles sequential freeway accident, 2. Twilight sunset subtle night lighting trucking experiment 3. a whiplash model used for 14 cases, or 4. wrote 2 reconstruction animations admissibility papers for presentation by attorney Kendall Few, live to NITA- the National Institute for Trial Advocacy, or 5. proving admissibility testimony design in trial, for expert qualification, 1st animations viewing admissibility in many courts, and setting of national precedent.
· One of countless examples of his technical skill, was on a Navy carrier, where he used his A.I. to design a maintenance system of 98% of planned computer up time, the highest reported world wide, starting at 61% without any instructions, and published the results in a NAVY magazine article, which is available.
5. Training- · 5 days animations programming, by AutoDesk (author of my animations software).
· Accident reconstructionist apprentice in ~160 cases, Scott studied under many state's popular Expert Accident Reconstructionists, and specialized experts. They provided physics formulas advice (crush velocity reduction, skidding friction, acceleration, etc.). Scott recalculated all variables for reasonableness of interrelated vehicles timings, programmed motion, and adjusted smoothness appearance.
· Motorcycle expert accidents training- of skid width vs braking intensity, by leading Expert and author.
· 7 accident site investigations as an apprentice, with qualified Experts to obtain measurements, elevations, photographs, and visual inspection of scrapes & skids.
· 9 accident site investigations alone, to obtain measurements, photographs, etc.
He looks forward to starting with your case. Please call him at 864-288-1961 or email at TrialAnimations@Charter.net.
Thank you,
Mr. Scott J. Taylor, CDP, has been retained for 278 cases in 38 states