Expert Witness Blog

Trucking expert witnesses may write reports and opine on trucking and transportation rules and regulations, qualifications of truck drivers, federal motor vehicle safety standards, as well as related issues. At the Federal Motor Carrier Safety Administration website, links to key FMCSA programs include:

* Border and International Safety * Commercial Driver’s License Program * COMPASS * Enterprise Architecture and FMCSA * Federal Motor Carrier Safety Regulations (FMCSRs)

* Hazardous Materials Regulations (HMRs)

Federal motor vehicle safety standards expert witnesses may write reports and opine on the federal motor carrier safety regulations, qualifications of truck drivers, hours-of-service (HOS) requirements, as well as related issues. On its website the Federal Motor Carrier Safety Administration offers trucking rulemakings and notices including a Department of Transportation proposed safety regulation that would revise hours-of-service (HOS) requirements for commercial truck drivers.

“A fatigued driver has no place behind the wheel of a large commercial truck,” said Transportation Secretary Ray LaHood. “We are committed to an hours-of-service rule that will help create an environment where commercial truck drivers are rested, alert and focused on safety while on the job.” This new HOS proposal would retain the “34-hour restart” provision allowing drivers to restart the clock on their weekly 60 or 70 hours by taking at least 34 consecutive hours off-duty. However, the restart period would have to include two consecutive off-duty periods from midnight to 6:00 a.m. Drivers would be allowed to use this restart only once during a seven-day period.

The publication of this proposed rule coincides with the time frame established in a court settlement agreement that requires FMCSA to publish a final HOS rule by July 26, 2011.

At Consultox.com, benzene expert witness Dr. Richard Parent writes on benzene exposure.

Benzene is a highly volatile aromatic hydrocarbon solvent which is present in most petroleum distillates such as Stoddard solvent and mineral spirits. Recent advances in the purification process for these solvents has reduced the benzene content significantly, but it is still present in products such as WD-40 and Liquid Wrench as well as many solvents used in the printing industry and elsewhere. In the 1950s and into the 1960s, benzene content in some of these solvents was as high as 5 to 15%. Benzene is also a significant component of gasoline and other fuels and is used extensively in various manufacturing processes.

Acute exposure to benzene results in the usual symptomatology from excess solvent exposure including dizziness, drowsiness, rapid heart rate, headaches, tremors, confusion, unconsciousness, and death. While these symptoms are certainly quite serious, exposures to low levels of benzene for just a few years can result in a series of blood dyscrasias which are caused by attack of the blood-forming elements including the bone marrow. Early indicators of these hemotoxic problems include anemias, leukopenias, thrombocytopenias, aplastic anemias, and pancytopenias. While many of these conditions may be considered as part of what is called myelodysplastic syndrome, they also may progress to even more serious leukemias and lymphomas. Most commonly, benzene exposure has been associated causally with acute myelogenous leukemia (AML). This condition may also be referred to as acute myeloblastic leukemia, acute myelocytic leukemia, acute granulocytic leukemia, and acute non-lymphocytic leukemia. Other types of leukemia including chronic myelogenous leukemia (CML), acute lymphocytic leukemia (ALL), and chronic lymphocytic leukemia (CLL) have been linked to benzene exposure. Non-Hodgkin’s Lymphomas (NHL), Hodgkin’s disease, and multiple myelomas also are related to benzene exposure.

On his website, document examination expert witness Richard T. Picciochi answers the following question:

How can attorneys make sure a handwriting examiner is really a scientist?

Scientific training is the most suitable basic qualification. When selecting a handwriting or document examiner consider if he or she has a science degree or foundation in one of the physical, natural, or forensic sciences from an accredited university. Specialized training, comprehensive apprenticeship, continuing education, professional affiliations, certification and peer group testing are equally important as well as research, publications and teaching in the field.

Insurance expert witnesses may write reports and testify on property insurance, insurance regulations, casualty insurance, and related topics. The National Association of Insurance Commissioners has told Congress that there is insufficient insurance expertise on the Financial Stability Oversight Council.

Adequate representation of insurance regulators on the Financial Stability Oversight Council (FSOC) is key to financial stability, Missouri Insurance Director John Huff told Congress April 14th. Speaking on behalf of the NAIC, Huff testified before the House Committee on Financial Services’ Subcommittee on Oversight and Investigations.

“Our regulatory system requires regulators to work collaboratively and share information with one another in confidential settings. Yet to date, I have been restricted from consulting with my fellow insurance regulators on matters before FSOC,” testified Huff.

On his website, document examination expert witness Richard T. Picciochi answers the following questions:

How can forensic document examiners help attorneys?

A forensic document examiner (FDE) can assist clients by resolving a variety of disputed signature, handwriting and document problems including contested wills, deeds, contracts, mortgages, insurance forms, nuptial agreements, forged checks and altered medical records. An FDE can offer oral or written opinions, provide litigation support and testify as an expert witness.

Trucking expert witnesses may write reports and opine on the truck manufacturing industry, qualifications of truck drivers, and federal motor vehicle safety standards, as well as related issues. On its website the Federal Motor Carrier Safety Administration offers trucking rulemakings and notices including a Department of Transportation proposed safety regulation that would specifically prohibit interstate commercial truck and bus drivers from using hand-held cell phones while operating a commercial motor vehicle (CMV).

“Every time a commercial truck or bus driver takes his or her eyes off the road to use a cell phone, even for a few seconds, the driver places everyone around them at risk,” said U.S. Transportation Secretary Ray LaHood. “This proposed rule will go a long way toward keeping a driver’s full attention focused on the road.”

The proposed Federal Motor Carrier Safety Administration (FMCSA) rule would prohibit commercial drivers from reaching for, holding or dialing a cell phone while operating a CMV. Drivers who violate these restrictions would face federal civil penalties of up to $2,750 for each offense and disqualification of their commercial driver’s license (CDL) for multiple offenses. Additionally, states would suspend a driver’s CDL after two or more violations of any state law on hand-held cell phone use.