SERVICES We routinely investigate a wide spectrum of accidents. Our analysis and conclusions are based on established technical procedures and the undisputable laws of classical physics. Our areas of expertise include, and are not limited to: Product Failure and Property Liability
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Vehicle and incident scene examinations CHOOSING AN ENGINEER A critical stage in the investigation process is choosing an engineer. Engineering
evidence is often used in litigation to establish the incident events
and the specific dynamics of an accident. Since engineering evidence
can be pivotal in determining the outcome of a case, it is imperative
that an engineer is selected with due care and diligence. Regardless
of the type of the engineering investigation required, the engineer's
analysis and opinion must be based on sound scientific principles
and the laws of physics. A valid engineering opinion should be derived
from a technical analysis of the physical evidence and/or assumed
facts. If an engineer offers an opinion without any analytical discussion
or any scientific basis, then all that the counsel is left with is
an unsupported opinion. Regardless
of the type of analysis required, the analysis and opinion are only
as strong as the quality of the evidence that is available to the
engineer. The
choice of an appropriate engineer is a significant step in building
a strong legal case. Note that not all accident reconstructionists
are engineers. Engineers are professionals that have typically completed
years of rigorous university studies in physics, mathematics and other
engineering subjects. Comparing engineers to non-engineer accident
reconstructionists may be similar to comparing a lawyer to a person
who has completed grade 12 law. When
selecting an engineering expert, an engineer's education and professional
reputation should be verified. It
is also important to select the appropriate type of engineer for a
given case. When considering motor vehicle accidents, it is more appropriate
to retain a mechanical engineer to investigate the mechanics of the
collision rather than engineers qualified in other disciplines (e.g.
chemical engineers, electrical engineers, etc). Engineers
should be selected for their technical competence and their professional
integrity. Engineers must also understand the limitations of their
expertise. The key to building a solid foundation for the engineering
evidence is to select an engineer who has shown both strong technical
skills and an unquestionable professional character. Any
underlying weakness in the engineer's character or their technical
competence may be exposed and exploited by opposing counsel. Thorough
background research of an expert can alleviate potentially embarrassing
situations. Judges’
reasons for judgment in previous court proceedings provide valuable
information on an engineer’s testimony in court. Regardless
of whether the engineer has been retained by the plaintiff or by the
defense, the engineer's technical opinion should be the same. By retaining
an engineer who has proven to be professionally ethical as well as
technically competent, the lawyer will have a solid understanding
of the strengths and weaknesses of his/her case. Once
an engineer has been selected, it is important to determine which
aspects of the accident need to be analyzed and what the expected
costs will be. Engineers cannot work on a contingency basis; therefore,
an engineer will have to be compensated for any commissioned work
regardless of the results of the analysis. Consequently,
it is important to establish the scope of the engineering assignment.
Issues that should be discussed with the engineer include the time
constraints for the completion of the project, the completion date
for a provisional analysis, and whether or not examinations of the
physical evidence are required. Any
examination of the physical evidence will increase the cost of a project;
however, the quality of the evidence, the subsequent analysis, and
the utilization of the engineer's opinion increase dramatically. Typically,
engineering results are initially presented orally in order to minimize
the cost of the project. A written report can always be requested
if and when it is required. The
forensic engineer can evaluate many different types of accidents,
including motor vehicle accidents, industrial accidents, fire investigations,
pedestrian falls, etc. The foundation of each engineering analysis
is dependent on the quality of the data provided to the engineer or
the data that the engineer gathers. If the data is poor, there will
be a large uncertainty in the technical analysis. Regardless of the
type of analysis required, the best source of data is through direct
field examinations of the incident scene and/or the involved objects
by a forensic engineer. During
field examinations, the forensic engineer must record appropriate
incident details and measure relevant incident evidence. This evidence
is also photographed to ensure its preservation of the incident evidence.
In some cases, samples of organic materials may be taken in order
to pursue DNA analysis. Physical
evidence degrades with the passage of time. In order to preserve any
physical evidence, it is vital that field work commence as soon as
possible after the incident. In
any assignment, photographs, witness statements, and police reports
can also provide valuable information to assist the engineer with
the accident reconstruction. The type and amount of data required
to facilitate a technical analysis is dependent on the original objective
of the assignment. An
often overlooked application of forensic engineering is the review
and rebuttal of other engineering reports. Engineers can be extremely
effective in establishing the technical strengths and weaknesses of
another engineer's analysis and report. Technical errors, logical
fallacies, non-technical analysis, and any weaknesses in other expert
reports can be exposed and rebutted. An
engineering reconstruction may be used to understand or prove the
incident events of an accident. A thorough engineering analysis also
allows counsel to gain a clear understanding of the technical limitations
or the technical support for their case. The engineering analysis
may be conveyed verbally, or through diagrams, reports, and animations.
Ultimately,
the engineer must be able to justify their analysis and opinion in
court and convey the engineering ideas in a simple, understandable,
and credible fashion. In
summary, careful selection of an engineer and the availability of
high quality physical evidence can have a major impact on the success
or failure of a case. For
more information, please contact
us. |
