Accident Animation -
Valuable Only If Admissible

Animation, particularly computer animation is playing an ever increasing role in making complex accident sequences more understandable to juries and, perhaps just as important, to opposing counsel.




Animation used in litigation generally falls into one of about three categories: Tutorials which seek to explain physical laws, natural phenomena, etc. Next are illustrations of expert opinion and lastly simulations which reenact events based on assumptions and scientific data surrounding the incident.




This growing application of technology presents a valuable tool in litigation, but to be valuable, it must pass the tests of admissibility. All parties should be given the maximum time possible to examine the exhibit, consider case law and prepare for its use. Its value must be more probative than prejudicial. The exhibit must be an unbiased accurate representation of the data and facts of the case to be admissible. The animation expert must be qualified to testify to the accuracy of the computer generated image, and possess experience in translating data to images. The hardware and software used to create the animation should be commercially available and accepted by the engineering community. The data used as input must be verified as accurate. The accuracy of the animation calculations should be verifiable and faithfully represent the original data. Finally, the presentation media (usually videotape or video disk recordings) should not distort the animation.

Given the three categories of animation most often used, the most highly criticized application is in simulation where data is given to the computer and the computer "crunches out" what has happened. The problem is that the programming used in the simulation is generally buried deeply within the system and is fertile ground for undocumented "fixes" and "windage" applied to the data.

Another, probably more prevalent difficulty, is that it is usually not possible to program for every variable and combination of variables contained in every event. This leads to the possibility that the computer will "decide" to simulate in an entirely inappropriate way.

To increase the probability of admissibility, the animation producer needs to work closely with the expert witness to ensure that all data required flows from the expert. The expert needs to see to it that the animation, as is progresses, still represents his position and data. The preferred situation includes an independent animation firm with the technical background and skill to act as a check against the data they are supplied. This greatly reduces the probability that data will be forced to fit either the animator's or the expert's particular needs. It is not unusual to observe inconsistencies in expert data in the process of producing animation. This is because the dynamic nature of animation permits observation of all this data at once, and in that context, anything out of range is generally easy to spot, and can be corrected before trial. After all, the ready observation and assimilation of all that complex data is why we produced the animation in the first place.

Charles Vaughn

About the Author

Charles Vaughn is A FORCON Consultant and president of Cinetron Computer Systems Inc. His early background was in photography and motion pictures. He was a staff photographer for the Atlanta Journal and Constitution, Chief Photographer and Assistant News Director for Storer Broadcasting Company, News Photographer for CBS News, Eyewitness to History, CBS Reports, Cinematographer of credit on the National EMMY winning program: "CBS Reports, KKK the Invisible Empire", and Executive Vice President Storer Studios Inc.

Mr. Vaughn trained in computer programming, then designed and programmed a system for the control of motion picture animation cameras. He received United States patents for that system and the fundamental process of using a computer to control animation (#3,690,747 and others). In 1980 he was awarded the Academy Award for technical achievement for his computer control system (Academy of Motion Picture Arts and Sciences). He is a member of the Society of Motion Picture and Television Engineers and the Association for Computing Machinery. Cinetron derives about half its income from the production of computer generated imagery for the legal profession and the other half from the design and fabrication of high precision motion control systems.