The Defendant truck driver attempted to deny liability, claiming that he could not see the cyclist because the street lights were off at the time of the incident.
A crash investigation could not confirm whether the lights were on or off at the time of the collision. However, the investigation did establish that the Defendant was crowding the shoulder of the roadway in an extra-wide lane. A simulation of the headlight output also demonstrated that the Defendant should have been able to clearly see the Plaintiff regardless of whether the street lights were on or off.
Mr. Potter had the evidence to establish liability, but he needed to visualize this data to more compellingly show the Defense how easily the truck driver should have been able to avoid this collision.