Matthew Moffett and the Dash Cam Video That Cleared a Driver at Trial Over a Pedestrian's Death

A pedestrian crossing an intersection inside a crosswalk and before the “Don’t Walk” signal turns solid is struck and killed by a truck whose driver was making a right-hand turn at a red light. On the surface, the facts sound like they would weigh for a verdict against the driver. However, Matthew Moffett used a compelling walkthrough of police dash cam video during his opening statement to set the stage for a defense win. Quynn v. Hulsey, et al. 15-C-04812.

Brandon Lanier was killed when he was struck by a truck driven by TriEst Ag Group employee Riley Hulsey. Lanier had just entered the crosswalk, when Hulsey, who had been stopped at the intersection, made a right turn and hit Lanier.

Plaintiffs contended Hulsey was likely distracted and hurrying on a work errand and failed to see Lanier when he made his turn.

However, Hulsey and TriEst’s attorney, Gray, Rust, St. Amand, Moffett & Brieske’s Matthew Moffett, argued Lanier was actually the man at fault.

In his opening statement, Moffett first emphasized that traffic laws prohibited a pedestrian from entering the crosswalk once the “Don’t Walk" signal begins flashing. He then led jurors through a second-by-second dash cam video from a police officer who witnessed the crash.

Using a graphic inserted into the dash cam footage that highlighted changes in the pedestrian signal, Moffett pointed out that Lanier remained on the sidewalk during the full five seconds the signal indicated pedestrians should begin walking. That five seconds would have given “Mr. Lanier time to move at least halfway across the street,” and thus beyond Hulsey’s truck, “according to [the plaintiff’s paid, expert witness,” Moffett said. In other words, if Lanier had begun to walk when the signal indicated, he never would have been struck by Hulsey. 

Moffett noted Hulsey's truck remained stopped during that time, his signal indicating he intended to turn right. “He has the right to turn on red. There is no sign that says he cannot.”

It is only after the sign has turned from “Walk” to “Don’t Walk" and flashed for four more seconds that Lanier stepped into the roadway, Moffett noted. Almost at the same time, Hulsey began his turn. “The truck and Mr. Lanier are moving essentially within the same second,” Moffett said, later telling jurors that the difference between the moment Lanier stepped into the roadway and Hulsey made his turn was too short for Hulsey to have reacted.

Throughout much the dash cam footage, the overlay of the pedestrian signal remains front-and-center, helping turn the question in jurors' minds from "Why did Hulsey hit Lanier?" to "Why didn't Lanier begin walking sooner?"

Moffett used his narrative of the dash cam video as a centerpiece for trial. And the argument succeeded. Jurors split responsibility evenly between Lanier and Hulsey, which, under Georgia law, prohibits a plaintiff from recovering damages.