3D Demonstrative Evidence in Personal Injury Trials: Leveraging New Technology and Navigating Admissibility
Ensuring Objectivity and Accuracy of Accident and Scene Reconstruction in Trucking, Auto, and Premises Liability Cases
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Thursday, June 12, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will discuss best practices for creating and using 3D accident and scene reconstruction models and the implications on admissibility in federal court of new Federal Rule of Evidence 107 and the amendments to FRE 702.
Professor Miller is the creator and Blog Editor of EvidenceProf Blog, which addresses recent developments in Evidence precedent, legislation, and scholarship. His areas of expertise include Evidence, Criminal Law and Procedure, and Civil Procedure.
Scene and accident reconstruction are vital in many types of personal injury cases such as trucking and auto cases as well as premises liability. New technologies and the decrease in the cost of using them now allow litigants to easily and economically create realistic 3D models and visuals that let judges and jurors experience relevant evidence and the scene of accidents and injuries.
At the same time, there is an increased insistence on objectivity and accuracy when these kinds of demonstrations are used. Amended FRE 702 requires trial judges to act as the gatekeeper of expert testimony and methodologies, and new FRE 107 requires distinguishing between inadmissible illustrative aids and admissible demonstrative evidence the jury can take to deliberations. Even in state courts with more lenient admissibility standards, counsel should be able to substantiate the reliability of its experts and its trial aids.
Listen as this panel of attorneys and consultants offers best practices for creating and using 3D models in federal or state court and for strengthening or weakening an expert's opinion.
I. Overview of 3D technologies and use cases
II. Evidentiary issues related to 3D technology
A. Federal court
1. Amended FRE 702
2. New FRE 107
B. State court issues
III. Practical tips for examination and cross-examination of modelers and accident reconstruction experts
The panel will review these and other key issues:
- How can counsel ensure and/or test whether a 3D demonstration has created a standardized and objective representation of the environment in question?
- Who can create 3D demonstrations? What credentials are necessary?
- Should demonstrations be from an aerial perspective or from the perspective of the actual participants?
