Becoming an Expert Witness in Transportation: Key Steps and Insights
…your source for expertise,
knowledge, and ideas
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Presentation to the Meeting Name
Presentation to the Meeting Name
Month dd, 2010
Month dd, 2010
Why a Transportation Expert?
•
When crashes occur
someone needs to help
sort out the facts and
what they mean.
•
Was there a deficiency
related to the driver, vehicle
or transportation infrastructure?
•
Were corrective measures necessary or
applied?
•
What was required?
Expert: What Does That Mean?
•
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How to become an Expert Witness:
How to become an Expert Witness:
Establish an area of interest
Establish an area of interest
Use resources to obtain knowledge
Use resources to obtain knowledge
Gain technical competence
Gain technical competence
Obtain work experience
Obtain work experience
Build credentials
Build credentials
Understand tort liability
Understand tort liability
Establish an Area of Interest
•
Pick specific subjects or areas
•
Have an interest and learn everything about
subject
•
Understand development of requirements
•
Current Issues:
Pedestrians/Bicycles
Work Zones
Railroad Grade Xings
Transit Facilities
Use Resources to
Obtain Knowledge
•
Research field, learn background
•
Understand what changes have occurred
and why
•
Understand new and emerging issues
•
Build a reference library
•
Become an information resource if someone
has a question
Technical Involvement
•
Work on technical projects
•
Help to develop recommended practices
•
Write Articles, reports, research, presentations
•
Volunteer for assignments
•
Participate in development of engineering
standards.
Obtain Work Experience
•
Gain actual field experience.
Gain actual field experience.
•
Have responsibility for applications.
Have responsibility for applications.
•
Deal with public feedback.
Deal with public feedback.
•
Understand realistic & practical, day to day,
Understand realistic & practical, day to day,
implementation of measures.
implementation of measures.
•
Obtain knowledge of traffic operations.
Obtain knowledge of traffic operations.
Build Your Credentials
•
Education
•
Registration / certification
•
Experience
•
Technical involvement
•
Presentations
•
Publications
•
Field investigations / court experience
Understand Tort Liability
•
Know functions of an expert
•
Field investigations
•
Engineering reports / affidavits
•
Depositions and trial testimony
•
Expert Witness Information Notebook
Get Case Experience
•
Associate with known experts
•
Seek involvement and court experience
•
Find a mentor
•
Advertise and market
ITE Resource:
ITE Resource:
Expert Witness Directory
Expert Witness Directory
•
Accessible through the ITE web site
•
Expert Witness Council members
•
Listing input and updated by individual
•
Selection of specialty area
•
No verification of data
•
No endorsement by Council or ITE
•
Searchable directory
•
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Expert Witness Directory
Information
•
Name, address, phone, fax, e-mail
•
Licenses, registrations and certifications
•
Description of services
•
Education
•
Work experience
•
Affiliations
•
Specialties
ITE Resource: Transportation
ITE Resource: Transportation
Expert Witness Council
Expert Witness Council
•
Mission
:
•
Foster ethical conduct
•
Promote professional development
•
Advance knowledge and skills that improve
transportation safety
•
History
:
•
Chartered by ITE in 1986
•
24 Founding Members
•
Currently 500+ members
Leadership
Leadership
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Bernie Arseneau
Bernie Arseneau
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Andrew Ramisch
Andrew Ramisch
•
Hibbett Neel
Hibbett Neel
•
Bob Seyfried
Bob Seyfried
•
Ron Eck
Ron Eck
Members Interests
Ethical Practice
•
How do we maintain the credibility of Experts?
•
How do we identify poor practice?
•
What is the best way to police members?
•
Peer Review or
•
Censure Process
•
Keep testimony within expertise?
Member Interests
Information Dissemination
•
What information is needed by members?
•
How do we train new Experts?
•
Research of pertinent cases?
•
Publish more trial results?
•
More articles in
ITE Journal
?
Member Interests
Credential Standards
•
What are minimum thresholds?
•
How to develop qualified experts?
•
How to define qualifications ?
•
What certifications are important?
Member Interests
Forums for Information Exchange
•
How to get more articles in Newsletter?
•
Are meeting sessions adequate?
•
How can members raise issues?
•
Expand information resources?
Member Interests
Trial Testimony
•
Provide training
•
Good and bad examples
•
Graphic presentations
•
Trial highlights
•
Adjudications and appeal verdicts
•
Review unique cases and “surprises”
•
Case judgments – Safety impacts?
Member Interests
Safety Advancement
•
Costs of litigation judgments
•
Knowledge of minimum requirements
•
Application of corrective measures
•
Information from judgments
•
Awareness of Driver – Vehicle – Roadway
deficiencies
Member Interests
Promotion of Forensic Services
•
Develop member qualifications
•
Build agency/attorney contacts
•
Promotion of individual services
•
Marketing activities
Council Membership Distribution
•
16 pct. of council members in their 40’s
16 pct. of council members in their 40’s
•
57 pct. of council members in their 50’s and 60’s
57 pct. of council members in their 50’s and 60’s
•
18 pct. over 70 years old
18 pct. over 70 years old
•
75 pct. greater than 50 years old
75 pct. greater than 50 years old
EWC Resources
•
Expert Witness Information Notebook
•
Expert Witness Directory
•
Sessions at Meetings
•
Training Seminars
•
Council Newsletter
•
Provide information to Keith Bergman (Newsletter Editor)
•
Email: kbergman@fleischerforensics.com
•
Published three times per year
•
Available – EWC page on ITE Web site
Expert Witness
Information Notebook
•
Updated in 2008
•
Published as a CD-ROM
•
Free to all Council members
•
Written by members to help members
Notebook Content
Liability Information
•
Tort liability background
•
Liability doctrine and concepts
•
Anatomy of a lawsuit
•
Glossary
Notebook Content
Expert Practice
•
What it takes to be an Expert
•
Depositions
•
Preparation for trial
•
Professional ethics conduct
•
Attorney / Expert / Client relationships
•
Outline format for accident investigations
•
Unethical practices
•
How lawyers sabotage their Expert
Notebook Content
Support Data
•
Field investigations
•
Obtaining information from witnesses
•
Use of regulations standards, practices and
procedures
•
Court exhibits
•
Input to design and traffic control litigation
Notebook Content
Miscellaneous
•
Reference information notebook outline
•
File and letter database
•
Trail notebook outline
•
Case database
•
Bibliography of references
Questions ? ? ?
Speaker Notes: Talk about your background and expertise. How did you get involved as an Expert?
Delve into the world of transportation expertise with the perspectives shared by the Transportation Expert Witness Council. Discover the importance of being a transportation expert, the process of becoming an expert witness, establishing areas of interest, gathering knowledge, technical involvement, obtaining work experience, and more.
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Presentation Transcript
So You Want to be An Expert?: Perspectives from the Transportation Expert Witness Council Name Title Institute of Transportation Engineers Presentation to the Meeting Name Month dd, 2010 your source for expertise, knowledge, and ideas
Why a Transportation Expert? When crashes occur someone needs to help sort out the facts and what they mean. Was there a deficiency related to the driver, vehicle or transportation infrastructure? Were corrective measures necessary or applied? What was required?
Expert: What Does That Mean? Expert Witness: A person who testifies at a trial because he/she has special knowledge in a particular field. This entitles them to testify about their opinion on the meaning of facts How to become an Expert Witness: Establish an area of interest Use resources to obtain knowledge Gain technical competence Obtain work experience Build credentials Understand tort liability
Establish an Area of Interest Pick specific subjects or areas Have an interest and learn everything about subject Understand development of requirements Current Issues: Pedestrians/Bicycles Work Zones Railroad Grade Xings Transit Facilities
Use Resources to Obtain Knowledge Research field, learn background Understand what changes have occurred and why Understand new and emerging issues Build a reference library Become an information resource if someone has a question
Technical Involvement Work on technical projects Help to develop recommended practices Write Articles, reports, research, presentations Volunteer for assignments Participate in development of engineering standards.
Obtain Work Experience Gain actual field experience. Have responsibility for applications. Deal with public feedback. Understand realistic & practical, day to day, implementation of measures. Obtain knowledge of traffic operations.
Build Your Credentials Education Registration / certification Experience Technical involvement Presentations Publications Field investigations / court experience
Understand Tort Liability Know functions of an expert Field investigations Engineering reports / affidavits Depositions and trial testimony Expert Witness Information Notebook
Get Case Experience Associate with known experts Seek involvement and court experience Find a mentor Advertise and market
ITE Resource: Expert Witness Directory Accessible through the ITE web site Expert Witness Council members Listing input and updated by individual Selection of specialty area No verification of data No endorsement by Council or ITE Searchable directory Free to Council Members
Expert Witness Directory Information Name, address, phone, fax, e-mail Licenses, registrations and certifications Description of services Education Work experience Affiliations Specialties
ITE Resource: Transportation Expert Witness Council Mission: Foster ethical conduct Promote professional development Advance knowledge and skills that improve transportation safety History: Chartered by ITE in 1986 24 Founding Members Currently 500+ members
Leadership John Logan, Chair (Seattle, WA) Russell Brownlee, Vice Chair (Toronto, ON) Robert Stammer, Past Chair (Nashville, TN) Jim Pline , Secretary (Boise, ID) Keith Bergman, Newsletter (Fort Washington, PA) Executive Committee: Hibbett Neel Bernie Arseneau Bob Seyfried Andrew Ramisch Ron Eck
Members Interests Ethical Practice How do we maintain the credibility of Experts? How do we identify poor practice? What is the best way to police members? Peer Review or Censure Process Keep testimony within expertise?
Member Interests Information Dissemination What information is needed by members? How do we train new Experts? Research of pertinent cases? Publish more trial results? More articles in ITE Journal?
Member Interests Credential Standards What are minimum thresholds? How to develop qualified experts? How to define qualifications ? What certifications are important?
Member Interests Forums for Information Exchange How to get more articles in Newsletter? Are meeting sessions adequate? How can members raise issues? Expand information resources?
Member Interests Trial Testimony Provide training Good and bad examples Graphic presentations Trial highlights Adjudications and appeal verdicts Review unique cases and surprises Case judgments Safety impacts?
Member Interests Safety Advancement Costs of litigation judgments Knowledge of minimum requirements Application of corrective measures Information from judgments Awareness of Driver Vehicle Roadway deficiencies
Member Interests Promotion of Forensic Services Develop member qualifications Build agency/attorney contacts Promotion of individual services Marketing activities
Council Membership Distribution EMPLOYMENT 42% 35% 13% 4% 3% 2% 16 pct. of council members in their 40 s 57 pct. of council members in their 50 s and 60 s 18 pct. over 70 years old 75 pct. greater than 50 years old
Expert Witness Information Notebook Updated in 2008 Published as a CD-ROM Free to all Council members Written by members to help members
Notebook Content Liability Information Tort liability background Liability doctrine and concepts Anatomy of a lawsuit Glossary
Notebook Content Expert Practice What it takes to be an Expert Depositions Preparation for trial Professional ethics conduct Attorney / Expert / Client relationships Outline format for accident investigations Unethical practices How lawyers sabotage their Expert
Notebook Content Support Data Field investigations Obtaining information from witnesses Use of regulations standards, practices and procedures Court exhibits Input to design and traffic control litigation
Notebook Content Miscellaneous Reference information notebook outline File and letter database Trail notebook outline Case database Bibliography of references
