The 2003 Virginia General Assembly Session addressed the admissibility of accident reconstruction in the Commonwealth. In the past, the code relied on 46.2-880. the stopping distance chart to provide insight into the distances required to stop at certain speeds. Furthermore the code addressed mile per hour conversions to feet per second and perception creation times. In years past, the code was based upon tests conducted on level roadways free of debris, with a single driver in a test vehicle. The problem was that these tests were never documented and originated sometime in the 1950's. Additional problems arose with misinterpretation of these tests and the limiting of the testimony based on scientific fact.

In the 2003 General Assembly, Joe Atherton prepared research and wrote legislation to address the problems. The Virginia Transportation Research Council, The Virginia State Police, The Virginia Defense Attorneys Association and the Virginia Department of Transportation all supported Mr. Atherton's research and findings. The new code utilizes a foundation formula of kinetic energy on which the stopping distances are based. The final paragraphs in the code section correct years of misinterpretations by the following language:

The courts shall further take notice that the above table has been constructed, using scientific reasoning, to provide fact finders with an average baseline for motor vehicle stopping distances: (1) for a vehicle in good condition and (2) on a level, dry stretch of highway, free from loose material.

*Deviations from these circumstances do not negate the usefulness of the table, but rather call for additional site-specific examination and/or explanation.

**Site-specific research may be utilized under any circumstances.

The starred sections indicate the desire of the Assembly to introduce science into the process of trial. The crash reconstructionist now testifies concerning site specific research conducted for the specific crash under study. The foundation formula now in the code is the basis of the many formulas used in crash reconstruction. This opens the door not only to testimony concerning speed and stop distance, but, momentum and crush calculations.

For questions concerning the code or data considered by the Assembly, contact: