Articles Posted in Researching Experts

Hours of service expert witnesses may consult on hours of service regulations, fatigued truck driving, and related matters. In Texas Trucking Accident Attorney Says Roadcheck 2011 Reveals Truck Driver Fatigue Problem, East Texas personal injury attorney Randy Roberts writes:

The high number of hours-of-service logbook violations uncovered during Roadcheck 2011 underscores the need for new rules to reduce fatigued driving accidents, injuries and deaths, East Texas personal injury lawyer Randy Roberts says. “If you look at these results, it’s clear that there is, indeed, a very serious problem with drivers spending too much time on the road.”

Read more: prweb.com.

Trucking accidents expert witnesses may write reports and testify on crashworthiness, truck maintenance, hours of service, and associated matters. In The Large Truck Crash Causation Study, the Federal Motor Carrier Safety Administration Office of Research and Analysis reports:

Motor vehicle crashes are complex events. Usually they involve two or more vehicles. Elements that influence the occurrence of a crash may take place hours, days, or months before the crash. They include driver training and experience, vehicle design and manufacture, highway condition and traffic signaling, and weather conditions. Other elements may take place immediately before a crash, such as a decision to turn in traffic, a tire blowout, or snow. Crash reconstruction experts rarely conclude that crashes are the result of a single factor.

Fatigue, drinking alcohol, and speeding are major factors in motor vehicle crashes overall. Although their presence does not always result in a crash, these three factors, as well as other driver, vehicle, and environmental factors, can increase the risk that a crash will occur. In the LTCCS, ?causation? is defined in terms of the factors that are most likely to increase the risk that large trucks will be involved in serious crashes.

Transportation rules and regulations expert witnesses may write reports and opine on the Department of Transportation, trucking accidents, the truck manufacturing industry, and related topics. In Liftgate Steps and Lighting: More Complicated Than You Think, Tom Berg, Senior Editor TruckingInFo.com – Trailer Talk describes a safety issue that came up in a task force session during the American Trucking Associations’ Technology & Maintenance Council meeting in Tampa, Fla., in February.

Regarding steps, users and manufacturers of liftgates discussed the ins and outs of entry and egress and how to make it safe for drivers and helpers. The object is to write a TMC Recommended Practice for members to use in spec’ing new equipment, but it can’t just say, “Here, here, and there.” Some definitions and dimensions are needed.

Read more: truckinginfo.com.

In After the Storm…(but before the cleanup starts) arborist expert witness Russell E. Carlson, RCA, BCMA, writes:

Before you start up the chainsaw, before you make a single cut — make sure that any damage is documented. It only takes a few minutes to get what you need. Those minutes can be worth a lot in the long run.

Any tree damaged in a storm, or by vandalism, tresspass or accidents, may be insured or may be eligible for a casualty loss tax deduction. Don’t assume it isn’t covered in some way. Document the details right at the beginning, and you won’t have to worry about it later.

In Risk Management Consulting, risk management expert witness Alan F. Shirek,

AFS Risk Consulting International, LLC, writes:

Such tasks or projects may include developing ways to enhance the effectiveness of insurance brokers or agents, insurance carriers, third party claims administrators or other outside vendors. They may include developing communication tools that will enhance the ability of the risk management department to assist the operating companies or departments. They may include projects designed to provide an independent appraisal of key catastrophic exposures to loss. And they may involve analysis of certain significant legal exposures that could be difficult to absorb without a negative impact on corporate earnings.

Trucking industry expert witnesses may write reports and testify on on issues including federal motor carrier safety regulations, crashworthiness, truck maintenance, hours of service, and more. In The True Meaning of Sustainability, Deborah Lockridge, Editor in Chief All That’s Trucking blog writes:

“If you’re looking for a buzzword in the logistics industry of late, it doesn’t get much buzzier than “sustainability,” noted American Shipper magazine in an April article.

In a survey, the magazine found that some shippers are factoring how “green” a carrier or logistics company is when deciding whether to use them to transport goods.

The survey found that more than a third of buyers use vendors’ sustainability plans as a tiebreaker or deciding factor in buying decisions. And nearly 70% of carriers with a “proven plan” earned higher rates because of it.

In About Photography and the Law, entertainment and media expert witness Professor Jeff Sedlik writes:

A photography expert can analyze a photograph using forensic methods to determine the circumstances under which the photograph was made, and to reveal details of the photograph not visible to the naked eye. A photography expert may also use photographic equipment to conduct an analysis of a location, accident scene or crime scene, or to create simulations or reenactments. Photography experts can provide consultation and/or testimony or litigation support for attorneys, plaintiffs or defendants in photography litigation.

Arborist expert witnesses may write reports and opine on arboriculture, certified arborists, diagnosis and treatment of tree diseases, and more. Here, IML Wood Testing Systems describes Hazard Tree Evaluation:

While experienced observation will continue to be important, combining Visual Tree Assessment (VTA) and IML instruments aids early detection of decay, preventing personal injury and property damage due to fallen trees. The IML Resistograph measures the degree of decay and remaining wall thickness, giving the user a quantification of the structural integrity of trees.

The inspector can also attach the 45 degree adapter to measure and record the wood density below ground level. The resulting data is the kind of detailed documentation managers and consultants need to defend or justify their decisions whether or not to remove a tree!

Insurance agencies expert witness Alan F. Shirek, AFS Risk Consulting International, LLC, describes Insurance agents’ and brokers’ standard of care

Generally speaking, the insurance agent or broker owes a high degree of care to its client. The extent of broker’s duty, in any specific case, is the result of the facts, statutory requirements and common law. In assessing the degree to which a broker has satisfied his or her duty, the broker’s stated policies, procedures and practices have a most persuasive effect. By comparing the broker’s actual performance to the performance required by his or her firm, a compelling case can be made for the broker’s success or failure at providing the appropriate level of care.