Expert Witness Blog

Risk management expert witness Alan F. Shirek, AFS Risk Consulting International, advises on the obligations of employed producers to their firms with respect to “non-compete” and “non-piracy” agreements. In Obligations of employed producers, Shirek writes:

Unfortunately, a contract that appeared clear to both parties when signed becomes less than clear when a dispute arises. Furthermore, the wording of many producer contracts is in direct contradiction to the laws of the state in which the contract was executed. Producer contracts often come into focus when a producer accepts a new offer of employment. In many cases, the former employer desires compensation or attempts to enforce non-compete or anti-piracy wording in the contract.

Producer compensation – Again, while the intent of the parties appeared clear when the contract was executed, those intentions may change subsequently. Practice may differ from contractual terms. Contractual terms may be verbally or informally amended for a period of time before one part or another seeks to enforce the terms of the contract as written.

Disability insurance expert witnesses may testify on disability income insurance, disability and insurance claims, among other topics. The International Disability Insurance Society website offers a glossary for disability insurance which includes definitions such as:

Entire Contract Clause A provision in a group insurance contract stating that the insurance policy, the policy owner’s application that is attached to the policy, and any individual applications of any insured person constitute the entire insurance contact.

Entity Plan The type of buy-out plan in which the business itself, a separate entity is paid the disability benefits under a disability buy sell agreement.

Greg Applegate, ASCA, Arborgate Consulting, Inc., describes the types of assignments he receives as a arboriculture expert witness:

Diagnostics: Shigometer, starch tests, penetrometer, root investigation, and site evaluation.

Hazard Evaluation: Risk analysis (current methods) defect identification and investigation. Decay, root health and branch attachment investigation. Abatement options explored.

Federal motor vehicle safety standards expert witnesses may opine on safety performance requirements for motor vehicles, motor vehicle equipment, and related topics. In The Large Truck Crash Causation Study, the Federal Motor Carrier Safety Administration Office of Research and Analysis reports on:

Critical Events

Three major types of critical events were assigned to large trucks:

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

What are the details? Start at the beginning, with the species of tree. Then measure the trunk at 4.5 feet above the ground level. Take either the diameter or the circumference — just indicate which you used. Check the tree for its condition — look for signs of decay, especially if it was visible before the damage occurred. Look for insect or disease damage. You don’t have to be an expert at this, just record if there is some type of damage from a pest, and describe that damage.

Next, write down details of where the tree was located. This includes where on a property it stood, how far from structures, etc. A simple site sketch will help. If the tree damaged other things when it fell, make note of the type and extent of damage. Include other landscape plants and hardscape features that were damaged or destroyed, especially if they will be removed with the tree. If vehicles were involved, indicate where they traveled, and where they came to rest. Also list the names of anyone who worked on the cleanup: this may be critical to a later investigation.

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.