top of page
This is a private communication to Attorney Phil Elbert
Warning: This transmission falls under attorney-client privilege. If you are not attorney Phil Elbert, exit this page immediately.
Exhibit 1
Below is the sworn testimony of the driver concerning the crash and the mis-drawn police report diagram that was used for this fabricated testimony.
Click Document to Expand
Exhibit 2
The entire testimony is filled with falsehoods and inconsistencies but I'll jump directly to the perjury, section (e), sentence 3:
"I glanced in my mirrors and confirmed there were vehicles on both sides of my tractor-trailer." Then the intricate details of how he could jack-knife with those cars hemming him in on both sides so he had to go straight on through. But, he was not hemmed in because it is a TWO LANE ROAD, him in the left lane, nothing but grass on his left.
Look below at the pics of the factual event. Despite the error of the police drawing, the driver was not in the right lane, but the left lane and had nothing on his left except level ground and grassy median.
Truck was here in outside lane and never wavered one inch to miss them or blew his horn
These vehicles could not be in inside lane if truck had gone through the inside lane, it's impossible.
Truck was clearly in outside lane and never wavered one inch to course correct with flat green grass to his left
Truck had nothing but soft grass and level ground on his left, you can see someone else had gone there in recent weeks, he never wavered because he was looking down until he hit them, I'll prove that next.
Exhibit 3
On the next page I will show with a very, very high degree of certainty using forensic mathematics that the driver was looking down the entire time of the event, driving blindly through the intersection and could not have even been aware the light was yellow or that cars were ahead of him, his sworn testimony is all a lie based on errantly drawn and thereby false police report data, and this easy to prove.
PERJURY by the driver? Perjury assisted by his attorneys??
No matter how it was concocted, it is clear the testimony is fabricated to avoid a much worse scene of looking down while driving through an intersection. It is clear he was NOT trapped in the inside lane with nothing he could do, nor was he in the non-existent middle lane he testified to have been in; he was not unable to avoid the crash but instead was utterly able to avoid it all with TWO VERY EASY ACTIONS, either of which could have easily avoided the entire crash. Had he simply blown his giant air horn like truckers are trained to do or steered left just two inches with his wheel it'd been a close call with lots of cursing but no crash. He was not looking ahead and has lied to cover it up. Whether the attorneys are implicated is the only remaining question. If the driver lied to the his own attorney, they still have the responsibility to verify the facts; additionally insurance reviewers are paid to be the sharpest people in the world at details, this is simple elementary school physics concepts, a glaring error. They had no better option than roll the dice. They almost got away with it.
The driver must now answer this question which I cannot believe has not been asked. I've been asking for too long. This line of questions will instantly prove he was looking down through the entire event and has lied to cover it up.
Question: Mr Morris, we have confirmed you lied in your testimony and were in the left hand lane with no one to your left at all. You had soft grass and level ground to your left. In one part of your testimony you say you saw cars waiting as your light was yellow, then you say those cars were moving 5-10 mph at impact. The facts show you hit them in the middle of the intersection, and as you approached the intersection at highway speed, in your field of vision out your windshield was two cars pulling right in front of you.
The facts show the traffic light had been red on your direction long enough for the two cars to cross the emergency lane, then cross the inside traffic lane, and then into your outside lane before you struck them all the way over in the far outer left hand lane. Your truck weighs 29,700 pounds unloaded, that's just below 15 tons unloaded, and you said you were traveling at highway speed of 45, according to your testimony you were looking at an intersection with a line of cars with human beings inside, they are pulling into your 15-ton path and you just keep going, and you did neither blow your giant air horn to warn them, nor did you swerve left into the level grass to avoid possibly killing them, you just blew on through!
You didn't swerve one inch to avoid them and yet you say you saw them. But wait, in section (d ) of your testimony you say that you became aware of the cars you slammed into just seconds before impact. Which is it? You can't have it both ways Mr Morris. You made up an elaborate story about cars on your left, which was a proven lie, you've said you thought you'd make it but you struck them just a few feet behind your own seat, just 10 ft behind the bumper of a 45 foot truck and the collision was smack in the middle of the intersection.
You were 10 feet from a head on collision and 35 feet from making it through the intersection with no collision, three times as much truck behind you as in front of you at impact, that is NOT CLOSE!!!
The physics of the event show you narrowly avoided a head on collision, so if you were actually looking at the road, you couldn't possibly think you'd get through without a crash, and yet you didn't blow your horn or swerve one single inch, rather you plowed into two cars at full speed and the photo of your tracks are as straight as if you never saw them, you put the pedal down and drove right through two cars, two humans, as if you didn't see them.
DID YOU SEE THEM and just hit them anyway, Mr Morris?
Did you see two cars pulling into your path and intentionally hold highway speed in your 15-ton truck and drive straight through them, or did you actually become aware of the cars just at impact because you were looking at your phone and never even saw the cars you were about to crush?
Not one ounce of swerve in your tracks Mr Morris, what was in your hand that you couldn't pull that air horn, a 15 ton truck with the pedal down and no horn, so you either crashed them intentionally or you didn't see them, which is it Mr Morris?
Lastly, your sworn testimony Mr Morris, has been shown to have nearly a dozen lies or discrepancies, and to be a complete and elaborate fabrication, that's perjury Mr Morris. The physics of the crash show you likely never knew you hit them until you heard the crash of the first vehicle you slammed into and your sworn story is proven false. You had to at least know you were in the outside lane, surely you weren't THAT oblivious of your surroundings while driving that huge truck at highway speed through an intersection, so did you make up your false testimony Mr Morris, or did your attorney write this elaborate story to hide the truth that you never even saw the cars you struck?
Page 3 is likely not "needed" but more physical proof his testimony is false, and more math could be done to show time that traffic light is yellow versus his speed at 66 ft per second, it doesn't align with his testimony at all, but it is not needed, page 3 shows he had to be LOOKING DOWN AS HE HIT THEM.
bottom of page