by

The Society of Professional Engineers gives their definition of of a forensic engineer:

The best definition of a Forensic Engineer I have found, defines the role as: “Forensic Engineering is the application of the art and science of engineering in the jurisprudence system, requiring the services of legally qualified professional engineers. Forensic Engineering may include the investigation of the physical causes of accidents and other sources of claims and litigation, preparation of engineering reports, testimony at hearings and trials in administrative or judicial proceedings, and the rendition of advisory opinions to assist the resolution of disputes affecting life or property.”

http://www.professionalengineers-uk.org/

by

When researching a software quality expert witness, see The American Society For Quality’s Minimum Expectations of a Software Quality Engineer. The ASQ recommends that the software quality engineer:

Must have a thorough understanding of verification and validation processes, including early software defect detection and removal, inspection, and testing methods (e.g., types, levels, strategies, tools and documentation). Must be able to analyze test strategies, develop test plans and execution documents, and review customer deliverables.

Must have a basic understanding of configuration management processes, including planning, configuration identification, configuration control, change management, status accounting, auditing and reporting. Must assess the effectiveness of product release and archival processes.

Continue reading

by

In The Role of Trial Counsel and House Counsel: Preparation of the Quality Control Witness for Deposition and Trial Testimony, authors Warren W. Eginton and Clifford L. Whitehill-Yarza, write:

Product liability cases require prevention and preparation by corporate and retained attorneys as well as by subject experts. Prevention activities include a prevention review, careful maintenance of blueprint and specifications files, file retention programs for in-house memoranda, and proper use of warranty disclaimers. Once the company receives a writ notifying it of litigation, it should assemble a defense team, consisting of the corporate attorney, an engineer, departmental representatives, and, if appropriate, a representative from the insurance carrier. An early responsibility for the team is to preserve the product and its files and to question witnesses. If an expert witness will appear at the trial, that person should be selected with care. Selection criteria include strong academic credentials and communication skills. Experienced expert witnesses should have no more than two-thirds of their cases devoted solely to either the defense or plaintiff side. The witness should prepare draft and final reports, doing so without retaining notes. Ideally, the witness should participate in a mock trial and then attend every day of the real trial. When on the stand, the expert ought to dress conservatively, speak loudly and clearly, and maintain the same demeanor when responding to both direct and cross examination questions.

For full article, see http://www.asq.org/qic/display-item/index.pl?item=10525.

by

Civil engineering experts at the American Society of Civil Engineers have written a free pamphlet entitles “So, You Live Behind a Levee!”

Most people know that levees are built near rivers and lakes to reduce flooding risk, but what does it mean to live behind one? Are your home and loved ones safe from floods? How much protection does the levee really provide? What do you need to know to be safe? ASCE’s new public education booklet,

So, You Live Behind a Levee!

, was created to answer those questions and more, and to help individuals and communities better protect themselves against future flood threats. Written for both the engineering and non-engineering public, it covers issues such as flood size and risk, signs of trouble, ways to reduce risk, and how to prepare for and respond to emergencies.

* Download a free copy of “So, You Live Behind a Levee!” and find out how you can order multiple copies of the handy paperback guide at a discount. http://www.asce.org/

Continue reading

by

The reverse engineering expert witness focuses on discovering the technological principles of a device, object or system through analysis of its structure, function and operation. Reverse engineering is a process of examination only: the software system under consideration is not modified (which would make it re-engineering).

Source: http://en.wikipedia.org/wiki/Reverse_engineering.

by

The California Department of Transportation Roadside Safety Research Group is responsible for evaluating the crash worthiness of roadside safety technology such as barriers, guardrails, crash cushions, bridge rails, sign supports and other hardware. The branch conducts full-scale crash tests on roadside safety hardware designs developed by Caltrans to assure that these designs comply with applicable crash performance criteria. It also evaluates the crash worthiness of proprietary hardware developed by others to assure that such hardware is acceptable for use on state highways. Finally, the branch provides support to Caltrans Legal in tort liability cases by conducting crash tests and providing technical assessments and expert witness testimony.

by

Crashworthiness experts at the National Highway Traffic Safety Administration answer the questions “DO MOTORCYCLE HELMETS INTERFERE WITH THE VISION AND HEARING OF RIDERS? ‘

Motorcycle crash statistics show that helmets are about 29 percent effective in preventing crash fatalities. That is, on average, riders wearing a helmet have a 29 percent better chance of surviving a crash than riders without a helmet.The hearing test showed that there were no significant differences in the riders’ ability to hear the auditory signals regardless of whether they were wearing a helmet or not. There was a difference, however, in the hearing threshold between travel speeds of 30 and 50mph. At the greater speed, all riders needed a louder auditory signal because of increased wind noise.

by

In What Fire Scene Responders Need to Know in Tough Economic Times (Part 1), fire expert witness and Principal of Pyrocop Inc., Robert Rowe writes:

Fire investigation is one of the most difficult of the forensic sciences to practice and as the motivations for arson increase, so too may the need for professional investigators. In most forensic disciplines, even the basic question of whether a crime has been committed is in most cases obvious. However, unlike most crime scenes, a fire scene requires a thorough and systematic examination to determine the cause as arson.

A fire investigator must closely evaluate the evidence that is left behind after a fire and, from that evidence, glean as much information as possible to reconstruct the chain of events that occurred in the moments leading up to the fire.

Continue reading

by

In Basic Characteristics And “Life” of Residential Mortgage Loans mortgages expert witness J. F. “Chip” Morrow writes:

The underwriter must also evaluate the character risk of the borrower. Statistics have shown that past satisfactory payment credit history indicates with high probability that the prospective borrower will make future payments including this new loan. The underwriter analyzes the prospective borrower’s credit history by obtaining a Residential Mortgage Credit Report (“Credit Report”). This Credit Report includes the prospective borrower’s credit histories for the last seven years. This includes credit histories for credit cards, automobile loans, student loans, other home loans, etc., as well as negative credit information including bankruptcies, notices of default, foreclosures and public records. As a requirement of the Credit Report, it must contain at least two of the three borrower’s FICO scores ─ Fair Isaac Score, Beacon Score and Empirica.

A FICO score is a numerical value that ranges between 300 and 850, with the low end of the scale representing a poorer credit risk. Loan entities then use the borrower’s FICO score to chart whether or not a prospective borrower is eligible to receive a mortgage. During the underwriting process, the underwriter must continually be aware of the “red flags” that indicate that the borrower may have problems repaying the loan, that the borrower may not qualify for the type of mortgage loan being sought or that there may be fraud. Freddie Mac has put out a guide called Fraud Prevention Best Practices that outlines these red flags for the various documentation provided by the borrower, the appraiser and the credit reporting agencies.

Continue reading

by

In When the Phone Rings … Twelve Questions for Prospective Expert Witness Assignments, insurance claims expert witness Kevin M. Quinley, CPCU, ARM, AIC writes:

Consultants and expert witnesses are more used to answering questions than asking them. When the phone rings, there may be an attorney or prospective client on the other end of the line. He or she poses questions to the consultant or expert, trying to gauge whether there is a good “fit” between the client’s needs and what the practitioner can offer in the way of experience and expertise. After answering prospective clients’ questions, effective consultants and expert witnesses may have some queries of their own. In fact, they should. Here are 12 questions that can form the basis of an effective fact-gathering process which unearths aspects of a case to help the consultant and expert witness gauge the degree of fit:

(3) Who is the opposing party? (Any conflict?) You can avoid wasting time if you find out up front that you have a conflict, or clear the decks for a possible retention by confirming that you don’t. As an example, I was recently approached about the possibility of serving as an expert witness concerning an insurance coverage dispute. The dispute was between a large medical device manufacturer and one of its excess insurers. I have never represented the medical company, but I do own shares of its stock. I disclosed this quickly to the inquiring attorneys. Neither they (nor I) feel it is a conflict, but I would rather have them make that call early on.

Continue reading