In Driver Fatigue is the Number One Safety Issue in the Truck and Bus Industry, fatigue expert witness Dennis Wylie writes:
The causes of driver fatigue, fatigue-induced cognitive impairment, driver drowsiness, and the subjective experience of fatigue include:
excessive hours of work inadequate hours of sleep night time driving irregular work-rest schedules
In Apartment Security and Litigation: Key Issues, criminalistics expert witness Daniel B. Kennedy writes on the nature of premises liability litigation in an apartment setting:
When landlords fail to take appropriate security measures to provide their tenants reasonable protection against criminal attack, a negligent tort arises. A tort is a “private or civil wrong or injury” (Black, 1968: 1660). In order to prove a tort, the plaintiff must establish that (1) the defendant owed a duty to provide reasonable security, (2) the defendant breached the duty to provide reasonable security, (3) this breach of duty was the cause in fact, and (4) was the foreseeable cause of (5) the plaintiff’s injury (Spain, 1992). Generally, these elements must be proven to a civil jury who will decide whether a defendant is liable according to the level of proof known as “preponderance of the evidence.” In other words, if a jury determines that 51 percent or more of the evidence favors the plaintiff, he or she will win and the landlord will lose.
In HEAD INJURY : WOULD A HELMET HAVE HELPED?, bicycle expert witnesses at Walters Forensic Engineering write:
Those of us who work in the legal and insurance industries are aware of the benefits gained through use of protective equipment such as seatbelts and helmets. However, when an accident occurs and liability is in issue, the plaintiff who failed to make use of protective equipment will typically argue that the equipment, if used, would not have reduced the injury suffered. These liability determinations are made by the judge or jury, and establishing the necessary causal connection between the injury suffered and equipment used (or not used) is a matter of expert scientific evidence.
Ergonomics expert witness John D. Lloyd, Ph.D., M.Erg.S., C.P.E., writes on Carpal Tunnel Syndrome (CTS):
Symptoms of CTS are usually experienced in the region of the hand served by the median nerve. This encompasses the second to forth fingers and base of the thumb on the palmer side, and backs of the first four fingers on the dorsal side.
Acute CTS is often associated with nocturnal pain and tingling, episodic tingling during the workday and gradual numbness, all of which may be encouraged by certain activties such as abnormal postures, or repetitive or forceful hand motions. Symptoms usually diffuse shortly after the activity is changed.
Acoustic expert witness Angelo J. Campanella, P.E., Ph.D. FASAA explains the difference between sound absorption & sound insulation:
There is often confusion between sound insulation and sound absorption.
Sound is absorbed when it encounters a material which will convert some or all of it into heat, or which allows it to pass through not to return. For this reason good sound absorbers do not of themselves make good sound insulators. Sound insulators rarely absorb sound. Sound absorbers contribute little to sound insulation. They are treated separately in sound control design.
In The World Trade Center Property Insurance Trial: Lessons Learned?, insurance claims expert witness Akos Swierkiewicz writes:
Had the tragic events on 9/11/01 not occurred, we would have never learned about negligence, mistakes, errors and omissions, inconsistencies, and confusion that plagued the placement and negotiation of the property insurance program for the WTC and brought to light during the WTC trial.
The primary parties involved in the litigation were 13 WTC insurers, including Lloyd’s syndicates, counted as one, the broker Willis and their client, Silverstein Properties, the leaseholder. The insurers contended that they were bound by the WilProp 2000 form, which defines “occurrence” and would limit the WTC claim to $3.5 billion, while Silverstein’s position was that the Travelers’ form applied, which does not define occurrence and would respond to the each of the WTC towers separately, resulting in a $7.0 billion loss payment.
Pesticides expert witnesses may testify and provide reports on consumer products treated with pesticides:
The presence of microorganisms (bacteria, fungi, and viruses) in or on various items has become of increased concern to consumers. In response to these concerns, many products (e.g., cutting boards, kitchen sponges, cat litter, toothbrushes, and juvenile toys) are being treated with antimicrobial pesticides. Antimicrobial pesticides are substances or mixtures of substances used to destroy or limit the growth of microorganisms, whether bacteria, viruses, or fungi — many of which are harmful-on inanimate objects and surfaces.
Treated articles typically refers to articles or products that are treated with an antimicrobial pesticide to protect the articles or products themselves. The pesticides are usually added to the products (e.g., plastic shower curtain) during manufacture; however, they may be added after manufacture but before use of the article (e.g., incorporation of a pesticide in paint).
According to the Center for Injury Prevention and Control, motor vehicle crashes are the leading cause of death among U.S. teens, accounting for more than one in three deaths in this age group. Most teen accidents can be easily avoided. Insurance experts at CURE Auto Insurance provides the following list of tips for teens and parents to ensure teens stay safe behind the wheel.
Safe Driving Tips for Teens:
1. Put your cell phone away. According to the National Highway Traffic Safety Administration (NHTSA), nearly 6,000 people died in 2008 in crashes involving a distracted or inattentive driver, and more than half a million were injured. Statistics show that talking on the phone or texting while driving is just as dangerous as driving drunk. Next time you’re tempted to use your phone in your car, ask a passenger to send a text for you or pull off to the side of the road if it is urgent.
Sales expert witness Glen Balzer is a widely published author on distributor and representative relationships and agreements, as well as sales organizations and commissions. Here he writes on traits of successful representative agreements.
Mature suppliers and representatives do not treat each other as the junior partner in a representative partnership. When a partner is able to insert a biased clause into the agreement, it must be because the other partner has less experience in terms of drafting and negotiating representative agreements. Remember that the junior partner will ultimately learn that a biased agreement is to its disadvantage. Keep bias out of the agreement and ensure that the relative power of the supplier and representative is balanced.
In Truck/Tractor-trailer brakes and accident reconstruction, trucking expert witness
Robert Reed writes:
The importance of checking proper operation of the ABS system is that some fleets do not have in house maintenance that can diagnose and repair systems and over the road trucking companies tend to not take trucks/trailers out of service for repair for ABS light that stays on. Bulbs or fuses sometimes disappear from the dash warning light and system. Some veteran drivers remember the late 1970’s and don’t care for ABS because they think they have more skill in braking than ABS. This is not true as the new ABS systems have proven there reliability. Trucks/trailers with ABS problems will revert back to regular braking if any faults exist and the wheel or axle with a problem can skid. This can change or explain a stray skid mark that shows up at a scene. Other problems can develop with ABS with maintenance or lack thereof ABS wheel sensors, wiring, or exciter tone rings can be damaged and cause faults. Some fleets will avoid the costs as the truck still has regular brakes. Most normal stops by trucks/trailers do not involve ABS functions as ABS only releases the brake when skids/lock-up situations are detected but emergency/panic stops involving crash situations need the ABS functions to stop sooner or maneuver. If you encounter the unusual check for proper ABS functions.
