Background
On the morning of September 3, 1999, dense fog conditions developed along Highway 401 near Windsor, Ontario, triggering multiple collisions in both directions. By far, the worst situation was in the westbound lanes where 71 vehicles were involved resulting in seven fatalities and dozens of injured parties.
In a collaborative approach, plaintiff and defence response committees were established to find a cost-effective resolution of all the claims. The plaintiff’s claims were resolved in a reasonable manner with most defendants agreeing to a zone method of apportioning liability for each vehicle involved. Two of the defendants were not agreeable and the matter proceeded to trial.
Analysis
We were retained on behalf of the 69 other defendants to reconstruct the sequence of events and prepare an engineering report. Our analysis was confined to the twenty vehicles in the central zone that included the two non-contributing vehicles (numbered 32 and 33).
The diagram below illustrates our reconstruction of the post-impact positions before six of the vehicles were moved away from the area of fire. The positions were based on police measurements, aerial photographs, numerous photographs and videos taken at the scene, as well as witness evidence.
Our analysis showed that vehicle 32 was struck by another vehicle (#34) before it came to a stop on the shoulder and was subsequently rear-ended by vehicle 33. Inspections of exemplar vehicles and photogrammetric analysis allowed us to match the damage on the front of vehicle 34 with the damage on the rear of vehicle 32.
Results
In his Reasons for Judgement, Mr. Justice Patterson noted that the parties agreed with the sequence of events and post-impact positions as outlined in our report. Furthermore, Mr. Justice Patterson accepted our analysis that the pattern of damage on the front of vehicle 34 was most likely caused by the rear undercarriage of vehicle 32 while it was in the process of going onto the shoulder. Ultimately, the court found that the two non-contributing vehicles had contributed to the collisions in the westbound lanes.