Expert Witness Blog

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

How can forensic document examiners help attorneys?

A forensic document examiner (FDE) can assist clients by resolving a variety of disputed signature, handwriting and document problems including contested wills, deeds, contracts, mortgages, insurance forms, nuptial agreements, forged checks and altered medical records. An FDE can offer oral or written opinions, provide litigation support and testify as an expert witness.

Trucking expert witnesses may write reports and opine on the truck manufacturing industry, qualifications of truck drivers, and federal motor vehicle safety standards, 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 specifically prohibit interstate commercial truck and bus drivers from using hand-held cell phones while operating a commercial motor vehicle (CMV).

“Every time a commercial truck or bus driver takes his or her eyes off the road to use a cell phone, even for a few seconds, the driver places everyone around them at risk,” said U.S. Transportation Secretary Ray LaHood. “This proposed rule will go a long way toward keeping a driver’s full attention focused on the road.”

The proposed Federal Motor Carrier Safety Administration (FMCSA) rule would prohibit commercial drivers from reaching for, holding or dialing a cell phone while operating a CMV. Drivers who violate these restrictions would face federal civil penalties of up to $2,750 for each offense and disqualification of their commercial driver’s license (CDL) for multiple offenses. Additionally, states would suspend a driver’s CDL after two or more violations of any state law on hand-held cell phone use.

Interstate motor carrier operations expert witnesses may write reports and opine on the trucking industry, trucking and transportation rules and regulations, and related topics. On April 8th, the U.S. Department of Transportation released the details of a proposed, phased long-haul, cross-border trucking program between the United States and Mexico. The proposed new program prioritizes safety, while satisfying the United States’ international obligations. It also builds upon the progress announced by Presidents Obama and Calderon in early March.

After the previous program was terminated in March 2009, Secretary LaHood and other Administration officials met with lawmakers, safety advocates, industry representatives and other stakeholders to address a broad range of concerns. DOT has continued that dialogue and has taken concerns raised into account as it has worked with Mexico to develop a new program.

Click here to view the Federal Register notice.

Insurance expert witnesses may opine on commercial liability policies, business insurance, and liability insurance, among other topics. In How Small Businesses Can Buy Peace of Mind, ABMN staff write:

Potential lawsuits are one of the biggest unknowns that can shut down a small business. In 2011, small businesses are projected to incur $152 billion in tort liability costs, according to the U.S. Chamber Institute for Legal Reform. Professional liability insurance can be an easy and inexpensive way to cover the defense costs of possible lawsuits.

“Everybody make mistakes, but these don’t need to be fatal to your business and your other assets,” said Kevin Kerridge, small business insurance expert from Hiscox USA. “However, small businesses are vulnerable to lawsuits even if they’ve done nothing wrong. Purchasing professional liability insurance for a small business allows owners to focus on their customers and worry less about potential troubles around the next corner and any potential attorneys’ fees.”

Industrial psychology expert witnesses writes reports and opine in numerous areas involving people at work. Here, IO psychology expert Dr. Bob Rose, writes:

Many people are not familiar with the work of Industrial-Organizational Psychologists (often referred to as “IO’s”.) IO Psychologists are trained in Psychology – usually at the PhD level – but work within business settings. Rather than counsel for depression and family issues as the more well-known Clinical Psychologists do, IO Psychologists work in such areas as pre-hire assessment of job candidates, business coaching, team building, evaluation of problems such as sexual harassment, wrongful discharge, etc. Businesses who want to be pro-active can use these services to improve the quality of employees, make their employees more satisfied etc. Attorneys who need experts who understand behavior and motivation specifically within a business setting may find IOs a good hybrid of business expert and psychologist.

Commercial designs expert witnesses may testify on space planning, green retrofits, interior design, and related topics. At BuildingDesign&Construction.com, Drew Ballensky writes:

Historic find raises cost of NYC City Hall Rehab; PV panel plan scrapped

The discoveries of a colonial-era structure onsite and more serious structural deterioration than expected have led to a projected 12% increase in the renovation of New York’s City Hall. The structure located behind City Hall yielded artifacts, including a bayonet that may have belonged to a British soldier during the Revolutionary War, and British farthings minted between 1746-54.

Interior design expert witnesses may testify on space planning, green retrofits, commercial designs, and related topics. At BuildingDesign&Construction.com, Drew Ballensky writes:

California turns its attention to seismic retrofits following massive earthquakes overseas

Major earthquakes in Japan and New Zealand have California officials focused on the quake vulnerability of thousands of concrete buildings built before the state adopted stringent seismic building codes. California has an estimated 25,000 to 30,000 brittle concrete buildings lacking sufficient reinforcing steel.

In THE BUSINESS SECURITY TEST, bar security expert witness Robert A. Gardner, CPP, writes that “no business is totally immune from the threat of crime but a little prior planning and a few common sense precautions are all that is necessary to deter most criminals.”

Office Security 18. Do you record all equipment serial numbers and file them in a safe place?

19. Do you shred sensitive documents before discarding them?