Expert Witness Blog

In Root Causes of Truck Crashes, armored transport expert witness Jim McGuffey, CPP, writes:

Most attorneys representing clients in a truck crash and injury case hire an expert in accident reconstruction. While this is appropriate, the vast majority of these experts have not had full Profit and Loss (P&L) responsibility for managing trucking companies which is crucial in understanding what led to the crash.

Understanding the root cause of a truck crash requires more than understanding speed of travel, weather conditions, traffic conditions and driver or roadway conditions. While understanding these elements are essential to determine fault, there are several internal documents that must be examined to determine whether the organization consciously placed the lives of their employees and the public at risk. Examination of documents such as training programs, fleet maintenance records and financial records also help to determine whether a company puts profits ahead of safety.

At Consultox.com, carbon monoxide poisoning expert witness Dr. Richard Parent describes the poisonous gas and offers selected references on the subject.

Carbon monoxide is a colorless and odorless gas that is generated by incomplete combustion. Inside homes, it can be generated from improperly adjusted gas appliances, wood burning stoves, and furnaces. Carbon monoxide has an affinity for blood cells and prevents oxygenation of the blood resulting in difficulty breathing and stress on the cardiovascular system. Carbon monoxide can be lethal at high concentrations, but even at lower concentrations it can affect the brain and cardiovascular system leading to a condition referred to as anoxia. Breathing even low levels of carbon monoxide during pregnancy can lead to anoxia resulting in miscarriage or effects on the mental development of a child. Dr. Parent has addressed these issues in litigation and has developed pertinent references on the subject that are provided below….

Read more: consultox.com.

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

What is Certification?

Certification by the American Board of Forensic Document Examiners (ABFDE) identifies qualified scientists capable of providing forensic document services and promotes the advancement of the field through continuing education. In doing so, the Board aims to safeguard the public interest by ensuring that anyone who claims to be a specialist in forensic document examination does, in fact, possess the necessary skills and maintain their qualifications. ABFDE Diplomates are held to the highest level of professional and ethical conduct.

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.