Articles Posted in Researching Experts

Trucking industry expert witness Robert R. Reed writes on Truck/tractor-trailer crashes:

4.”OBC”and “GPS” – This technology is most important and provides a wealth of knowledge for reconstruction after the at-scene investigation. The information from these systems travels in real time from the truck to satellites, ground based towers or the internet and is transmitted to trucking company computers. This information can include driver communication, messages to truck, maintenance, monitoring freight, driver payroll, miles traveled, expences, trip reports, fuel stops, fuel consumption, idle time, truck position and status reports, driver activities, hours of service, “GPS” location, time and distance reports and pick up and deliver times. These technology advanced systems are invaluable to modern trucking companies for use in the management of their operations. These same systems should become part of the normal crash reconstruction process. These systems can be identified on the truck by the monitor and keyboard in the cab and special antenna that looks like “old type popcorn popper” that is usually mounted on back of cab or roof by wind deflector. Also trucking companies with out computers create this same type information in hard copy written documents.

5.Don’t rush investigation, secure all information and analyze along with traditional reconstruction efforts to arrive at any causal factors. Trucking companies, truck drivers, injured parties, deceased victims and family members all deserve complete and accurate results from all investigations. * * *Footnote: This article was written to give insight and help enhance large truck crash investigations and is from personal experience in assisting police departments, prosecutors, working as an expert/consultant in civil litigation along with over 30 years in the trucking industry.

In THE PERFECT STORM: The Science Behind Subrogating Catastrophic Flood Losses, hydrology expert witness Richard Van Bruggen writes:

The National Flood Insurance Act also required the identification of all floodplain areas and established flood risk zones. This is good news for subrogation professionals because it provides a warning to landowners and potential tortfeasors that flooding could occur and that additional safeguards should be taken. Sometimes, constructive notice to a potential tortfeasor of the dangerous propensity of flooding in an area is as easy as indicating it in the property deed, legal description, or other documents relating to the property. In the earlier example involving the Subaru vehicles being flooded in Kenosha, Wisconsin, there was a great deal of disagreement as to whether or not the vehicles were actually parked on a “100-year flood plain”. There was even disagreement as to exactly what that meant. City and state records were sketchy, and the entire area had been covered in crushed gravel, further complicating the question as to whether or not a floodplain had existed. Early land deeds were pulled and anecdotal testimony from farmers in the area was successfully solicited in order to show a pattern of flooding in the area where the vehicles were stored. One farmer had kept meticulous rainfall and flood records in an old notebook going back fifty years.

Trucking industry expert witness Robert R. Reed writes on Truck/tractor-trailer crashes:

3. Equipment inspection – Severe accidents and fatalities warrant a complete inspection of units involved. If equipped with “ECM” modules and “ABS” modules this data should be retrieved for use in reconstruction. This can be done using truck manufacturers dealers or third parties in your area after the at-scene investigation to acquire printout reports for review. The most modern”OBC” systems on trucks can send this data to the trucking company computers which then can be retrieved from the trucking company. Also both hydraulic and air brake “ABS” systems have warning lights for drivers indicating proper operation.”ECM” and “ABS” systems may provide data on multiple systems of the truck including speed, overspeed of governor, distance, cruise control usage, engine brake and hard braking “ABS” events, transmission usage and engine system faults. This data along with mechanical systems inspections gives complete information on the vehicles operation and maintenance factors. “ECM” and “ABS” modules are standard equipment on most large trucks.

In The Expert Nurse Witness, Ellen K. Murphy writes:

Expectations for affidavits, deposition, and testimony must be clear. Cases literally can be won or lost if filing dates are missed. If the case requires expert testimony, it will be lost if an expert does not testify.

Remuneration should be set above the nurse’s hourly rate as an employee and should include expenses because it will not include any of the benefits employees typically receive. Nurses should not set their fees so high, however, that they appear to be meretricious witnesses who are willing to testify to anything for a price. Typically nurse expert rates begin at approximately $100 per hour and, depending on the nurse’s credentials, may be higher.

In About Electronic Evidence, computers expert witness Ernesto F. Rojas of Forensic & Security Services Inc. writes:

Electronic Evidence, also known as Digital Evidence, is any information which has been stored or transmitted in digital form and may be used in a court of law. Current trends indicate that more than 95% of all information exists solely in electronic form and never gets printed. Electronic records may include corporate plans, design plans, intellectual property, medical records, financial records, photos, spending histories, browser histories, etc.

Most person to person communications are electronic in nature, leaving a digital fingerprint. These communications include e-mail, instant messaging, texting, cell phones, and even land-based VOIP telephones. Volatile information derived from these communications might include financial information and transactions, schedules, timelines, and even the location of a defendant at a specific time.

In THE PERFECT STORM: The Science Behind Subrogating Catastrophic Flood Losses, hydrology expert witness Richard Van Bruggen writes:

Federal flood insurance was first made available in 1968 through the enactment of the National Flood Insurance Act.4 Prior to this program, affordable private flood insurance was generally not available. Under the National Flood Insurance Program (NFIP), federally subsidized flood insurance is made available to owners of flood-prone property in participating communities. These participating communities are required to adopt certain minimum floodplain management standards and programs, including restrictions on new developments and designated floodways, a requirement that new structures in the 100-year flood zone be elevated to or above the 100-year flood level5, and a requirement that subdivisions are designed to minimize exposure to flood hazards. For highhazard coastal zones, additional standards are imposed, sometimes including the requirement that buildings be elevated on pilings and that the Base Flood Elevation (BFE) include potential wave heights.

Depending on type of system used and data computed, this information is invaluable to crash reconstruction efforts. Each system develops reports in multiple formats that can be deciphered for indisputable information that can prove or disprove action of the driver or vehicle involved in a crash. These systems are similar to an airplane’s ” black box”. This article gives examples and explanations of items of importance that need to be addressed and data that may be available in these systems for use in large truck crash reconstruction.

1.Identify vehicles, both trucks and trailers – serial numbers, gross vehicle weight ratings {GVWR}, date of manufacture model numbers, company numbers, fuel tax sticker {IFTA}, DOT numbers and ICC/MC numbers.

2.Complete photos of vehicles, truck and trailer, not just damaged areas. Photos of crash scene and pavement area including skid marks. Do not attribute skid marks until it is determined if unit or units are equipped with “ABS” brakes and “ABS” is functional. Tractor could be “ABS”, trailer could not have “ABS” or visa versa.

Electrical expert witness David J. Marne, P.E., is the author of McGraw-Hill’s National Electrical Safety Code® (NESC®) Handbook. Here he answers the question:

Do communications utility workers and power utility workers need to follow the NESC® or OSHA rules?

Both.

In Driver Fatigue is the Number One Safety Issue in the Truck and Bus Industry, fatigue expert witness Dennis Wylie writes:

The Commercial Motor Vehicle Driver Fatigue and Alertness Study

The importance of driver fatigue led the U.S. Department of Transportation and Transport Canada to commission the largest, most comprehensive over-the-road study of driver fatigue and alertness ever conducted. Dennis Wylie was the Principal Investigator, and he and his associates designed, executed, and documented a study involving 80 U.S. and Canadian tractor-trailer drivers in an operational setting of real-life, revenue-generating trips totaling more than 200,000 miles and 4,000 hours of driving. The scientists monitored the drivers and trucks continuously by electronic instrumentation. The study focused on several work-related factors, including:

In Mold, Housing and Wood, building materials experts at the Western Wood Products Association write:

Other conditions can increase the amount of mold spores in the indoor air of buildings. Homes with exposed-dirt crawl spaces and basements tend to have more airborne mold spores than homes without (Lumpkins, 1973; Su, 1992). With the right humidity conditions, some molds can grow on house dust. It is not surprising, then, that poor housekeeping and high indoor humidity are both associated with increased levels of airborne mold spores (Solomon, 1975; Kozak, 1979).

The biggest source of indoor mold spores is often the outdoor air (Solomon, 1975). Higher levels of indoor mold spores tend to be found in homes with yards having dense and overgrown landscaping (Kozak, 1979).