Expert Witness Blog

Liability policies expert witnesses may testify regarding insurance loss claims, insurance policy coverage, liability policies, and related topics. In The Insurer’s Duty to Defend: A Quick Analysis, attorney Thomas H. Veitch, partner with the law firm of Langley & Banack, Inc. in San Antonio, writes:

The duty to defend analysis focuses on the factual allegations in the pleadings rather than on the legal theories alleged in the pleadings. For example, a mere recitation that the insured was negligent is not determinative of negligence. The focus must be on facts supporting such a contention.

Summary The foregoing are factors commonly relied upon and applied by the courts in a duty to defend analysis. Accordingly, consultants or claims people will want to consider these factors when determination of a duty to defend is at issue.

Computer networking expert witnesses may opine on routing, WAN, computer networks, and related topics. In Avoid Hiring a Computer Expert Wit-less, R2Computing writes:

Hiring a computer expert can be a daunting task. Finding the right person to help build and support your case means trusting a stranger — even when you don’t understand exactly what they’re talking about! Unfortunately, you can’t always tell whether an expert has what it takes just by looking at their resume or educational background.

Technology changes quickly and when choosing an expert there’s no substitute for a recent, relevant work record. Computer consultants can often serve as excellent expert witnesses.

Rescue expert witnesses may write reports and opine on rescue operations, search and rescue, water rescue, and related topics. In Risk Management: Compatibility Issues, Gerald M. Dworkin, Lifesaving Resources Inc., writes:

I’ve always advocated the need for aquatics facilities to collaborate and coordinate lifeguard and water rescue training and emergency operations with community fire, rescue, emergency medical services (EMS) and law enforcement agencies. This includes combined emergency response drills. Such training gives lifeguards a better understanding of what’s expected of them before and after the arrival of responding professional rescue services personnel and equipment.

It also allows public safety and rescue agencies to evaluate the operations and capabilities of lifeguards, as well as their EMS and rescue equipment. And it lets first responders assess the facility’s rescue and safety equipment. This ensures that it’s compatible within the communitywide EMS system, and that the equipment also is state-of-the-art and appropriate for its intended use.

In Preparing and Presenting Expert Testimony, traffic engineer and accident reconstruction expert witness Lawrence Levine writes:

Gathering of Information 4. The entire history of the location involved including, but not limited to, the road history, original plans, reconstruction plans, maintenance history and traffic control history. He or she must be familiar with the accident history. (Note: the expert must make his own determination regarding accidents based upon accident report data, not Federal-funded summaries and reports by others. That may be excluded as evidence by Federal law. Also, the courts will generally only accept as example/reference accidents which are similar to the one at issue during trial to substantiate an opinion. Although work done at a site or changes made AFTER an accident are normally not admissible, in some instances the information contained in post accident documents can be used to show a pre-existing condition.) Consult the attorney regarding any post accident repairs or work done and its effect on the case. The expert must know the relevant state and standards in effect or used at the time of each road history event, plan or construction document, and installation of a sign or other traffic control device.

Wide Area Network (WAN) expert witnesses may opine on computer networks, routing, WAN, and related topics. Here, The Digital Forensic Group answers the question What is Computer Forensics?

Computer forensics, also known as digital forensics, is the practice of identifying, collecting, preserving and analyzing legal evidence from digital media such as computer hard disk drives. Since digital evidence is both fragile and volatile, it requires the attention of a certified specialist to ensure that materials of evidentiary value are effectively isolated and extracted in a scientific manner to withstand the scrutiny of the legal system. The goal of computer forensics is to explain the current state of a digital artifact. These can include a computer system, storage medium (such as a hard disk or CD-ROM), an electronic document (e.g. an email message or JPEG image) or even a sequence of packets moving over a computer network.

Fatigue limit expert witnesses may write reports on driver fatigue, asleep at the wheel, drowsiness, and related topics. The Circadian Newsletter describes the issues involved in shiftworkers and schedule optimization.

Every plant is unique as are its shiftworkers. You can only achieve the best shift schedule through a logical, systematic search for what is optimal for your business efficiency and for the needs of your shiftworkers.

At numerous 24-hour operations, shiftworkers and management are laboring with antiquated or poorly designed shift schedules. These lead to:

Insurance claims expert witnesses may opine on insurance policy interpretation, insurance fraud, and related topics. In 8 Great Ways to Get Busted for Auto Insurance Fraud, Insurance.com writes:

Insurance fraud is becoming more frequent as people look for “creative” ways to make money in the struggling economy. Insurance companies find that people file more claims in a down economy, often for smaller amounts. And, fraud is an increasing problem. With so many claims for car insurance companies to process, it may seem like a fraudulent claim can slip through unnoticed. Not so.

Just like the team on CSI uses advanced techniques to analyze evidence and figure out what happened, an insurance company’s Special Investigations Unit or SIU-which often includes reps with law enforcement experience-conducts a thorough investigation to detect fraud. (Please note that Insurance.com reminds consumers that insurance fraud is illegal and a very bad idea.) Here are a few things fraudsters try to get away with-and why it’s rare that they will:

Affidavit of service expert witnesses may opine regarding the process server’s work product. The National Association of Professional Process Servers has established the Standards, Best Practices and The Policy Manual professional process servers.

Comment These guidelines address three important aspects of proofs or affidavits of service: content, signature(s) and record keeping. They are designed to ensure that the proofs or affidavits of service be completed and signed by the person making service. The traditional and fundamental components of proving service must be maintained. The process server must attest to the facts under penalty of perjury, or by sworn affidavit, and personally sign, or, where permitted by law, cause his or her signature to be affixed electronically to, the proof or affidavit of service.

It is not proper for a proof of service to be signed before completion, or signed in blank to be completed later. It is not permissible to sign the process server’s name to a proof of service on his or her behalf.

Fatigue expert witnesses may write reports on driver fatigue, asleep at the wheel, drowsiness, and related issues. The Circadian Newsletter describes the problems involved with fatigued employees.

Studies have clearly linked fatigue to increases in human error, accidents, injuries and poor performance. In fact, one study found that fatigued workers cost U.S. employers more than $136 billion per year in lost productivity. In addition, several studies have confirmed that fatigue impairment can produce a similar impairment as alcohol in terms of logical reasoning, concentration, information processing, judgment, hand-eye coordination, and reaction times. Quite simply, as people perform without sufficient rest, the likelihood of errors and accidents increases.

Read more: circadian.com.

Networking expert witnesses may opine on computer networks, routing, WAN, and related topics. In How to be a Digital Forensic Expert Witness, Stephen C. Schroeder, Seattle University School of Law and Seattle University Computer Dept. of Science and Software writes:

The prospect of becoming an expert witness in court can be a daunting one. The question and answer format in which you must testify can seem awkward and inefficient. Used to communicating with your IT security professional peers, you naturally use the technical terms, jargon and acronyms of the trade when describing your findings and recommendations. As part of the legal process, you must become a teacher, presenting your technical testimony in terms that laymen can understand – but without condescending.

While the general fact witness may testify only as to what he or she directly knows, an expert may present testimony using the powerful words, “in my opinion.” Additionally, the expert may rely upon any information that is available, whether or not it has actually been admitted into evidence. In order to do so, however, you must be qualified by the trial court because of your skill, experience, training, or education.