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So You Want to be An Expert?:So You Want to be An Expert?:Perspectives from the Transportation Expert Witness CouncilPerspectives from the Transportation Expert Witness Council

NameNameTitleTitle

Institute of Transportation EngineersInstitute of Transportation Engineers

Presentation to the Meeting NamePresentation to the Meeting NameMonth dd, 2013Month dd, 2013

Why a Transportation Expert?• When there is injury, fatality, or disagreement on When there is injury, fatality, or disagreement on

the use of a transportation facility.the use of a transportation facility.• When crashes occur someone needs to help When crashes occur someone needs to help

sort out the facts and what they mean by sort out the facts and what they mean by assisting the attorney with technical aspects. assisting the attorney with technical aspects.

• Was there a deficiencyWas there a deficiencyrelated to the driver, vehiclerelated to the driver, vehicleor transportation infrastructure? or transportation infrastructure?

Why a Transportation Expert?• Were corrective measures necessary or Were corrective measures necessary or

applied?applied?• What was required?What was required?• Is a change to the transportation system Is a change to the transportation system

reasonable or necessary?reasonable or necessary?• Suggest changes to enhance safety and risk Suggest changes to enhance safety and risk

management.management.

Expert: What Does That Mean?What is the Need?

• Expert WitnessExpert Witness: A person who assists the attorney : A person who assists the attorney and client in the litigation process because he/she and client in the litigation process because he/she has special knowledge in a particular field. This has special knowledge in a particular field. This entitles them to testify about their opinion on the entitles them to testify about their opinion on the meaning of facts.meaning of facts.

• Requires experience to develop special knowledge:Requires experience to develop special knowledge:• No surprise that 75% are greater than 50 years oldNo surprise that 75% are greater than 50 years old• However, 18% over 70 years oldHowever, 18% over 70 years old• Need exists to develop mid-career people into the role of Need exists to develop mid-career people into the role of

transportation expertstransportation experts

Expert: What Does That Mean?• How to become an Expert Witness: How to become an Expert Witness:

Establish an area of interestEstablish an area of interest Understand tort liabilityUnderstand tort liability Use resources to obtain knowledgeUse resources to obtain knowledge Gain technical competenceGain technical competence Obtain work experienceObtain work experience Build credentialsBuild credentials

Establish an Area of Interest• Pick specific subjects or areas of practicePick specific subjects or areas of practice• Six most common are:Six most common are:

• Accident ReconstructionAccident Reconstruction• Traffic EngineeringTraffic Engineering• Highway DesignHighway Design• Maintenance and ConstructionMaintenance and Construction• PlanningPlanning• Product LiabilityProduct Liability

• Have a keen interest and learn everything about Have a keen interest and learn everything about subjectsubject

Establish an Area of Interest• Understand development of policies, procedures Understand development of policies, procedures

and requirementsand requirements• Current Issues: Current Issues:

Traffic Control Signs and SignalsTraffic Control Signs and Signals Roadway DesignRoadway Design Maintenance and ConstructionMaintenance and Construction Pedestrians/BicyclesPedestrians/Bicycles Work ZonesWork Zones Transit FacilitiesTransit Facilities Automated EnforcementAutomated Enforcement

Understand Tort Liability• Know roles of an attorney and their purpose in the Know roles of an attorney and their purpose in the

U.S. legal systemU.S. legal system• Know roles of an expert and the role’s relationship Know roles of an expert and the role’s relationship

to the civil and criminal court systemto the civil and criminal court system• Field investigationsField investigations• Engineering reports / affidavitsEngineering reports / affidavits• Depositions and trial testimonyDepositions and trial testimony• Expert Witness Information NotebookExpert Witness Information Notebook• Use these tools to improved design and operationsUse these tools to improved design and operations

Use Resources to Obtain Knowledge

• Research field, learn backgroundResearch field, learn background• Understand what changes have occurred and Understand what changes have occurred and

whywhy• Understand new and emerging issuesUnderstand new and emerging issues• Build a reference libraryBuild a reference library• Attend or teach seminar classes and workshopsAttend or teach seminar classes and workshops• Become an information resource if someone has Become an information resource if someone has

a questiona 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. • Work with enforcement groups.

Build Your Credentials• EducationEducation• Registration / certificationRegistration / certification• ExperienceExperience• Technical involvementTechnical involvement• PresentationsPresentations• PublicationsPublications• Field investigations / court experienceField investigations / court experience• Prepare a resume or Curriculum Vitae (CV)Prepare a resume or Curriculum Vitae (CV)

Get Case Experience• Associate with known expertsAssociate with known experts• Seek involvement and court experienceSeek involvement and court experience• Find a Mentor – Be a MentorFind a Mentor – Be a Mentor

• Get involved – Get involved – Make yourself Make yourself a better engineera better engineer

ITE Resource:ITE Resource:Expert Witness DirectoryExpert Witness Directory

• Accessible through the ITE web siteAccessible through the ITE web site• Expert Witness Council membersExpert Witness Council members• Listing input and updated by individualListing input and updated by individual• Selection of specialty areaSelection of specialty area• No verification of dataNo verification of data• No endorsement by Council or ITENo endorsement by Council or ITE• Searchable directorySearchable directory• Free to Council MembersFree to Council Members

Expert Witness Directory Information

• Name, address, phone, fax, e-mailName, address, phone, fax, e-mail• Licenses, registrations and certificationsLicenses, registrations and certifications• Description of servicesDescription of services• EducationEducation• Work experienceWork experience• AffiliationsAffiliations• SpecialtiesSpecialties

ITE Resource: Transportation ITE Resource: Transportation Expert Witness CouncilExpert Witness Council

• MissionMission::• Foster ethical conduct Foster ethical conduct • Promote professional developmentPromote professional development• Advance knowledge and skills that improve Advance knowledge and skills that improve

transportation safetytransportation safety• HistoryHistory::

• Chartered by ITE in 1986Chartered by ITE in 1986• 24 Founding Members24 Founding Members• Currently 500+ membersCurrently 500+ members

LeadershipLeadership• Russell BrownleeRussell Brownlee, Chair (Toronto, ON), Chair (Toronto, ON)• Vacant, Vacant, Vice ChairVice Chair• John LoganJohn Logan, Past Chair (Seattle, WA), Past Chair (Seattle, WA)• Robert StammerRobert Stammer, Past Past Chair (Nashville, TN), Past Past Chair (Nashville, TN)• Jim Pline Jim Pline , Secretary (Boise, ID), Secretary (Boise, ID)• Keith BergmanKeith Bergman, Newsletter (Fort Washington, PA), Newsletter (Fort Washington, PA)• Executive CommitteeExecutive Committee::

• Bernie ArseneauBernie Arseneau• Andrew RamischAndrew Ramisch

• Hibbett NeelHibbett Neel• Bob SeyfriedBob Seyfried

• Ron EckRon Eck

Members InterestsEthical Practice

• How do we maintain the credibility of Experts?How do we maintain the credibility of Experts?• How do we identify poor practice?How do we identify poor practice?• What is the best way to police members?What is the best way to police members?

• Peer Review orPeer Review or• Censure ProcessCensure Process

• Keep testimony within expertise?Keep testimony within expertise?

Member InterestsInformation Dissemination

• What information is needed by members?What information is needed by members?• How do we train new Experts?How do we train new Experts?• Research of pertinent cases?Research of pertinent cases?• Publish more trial results?Publish more trial results?• More articles in More articles in ITE JournalITE Journal??

Member InterestsCredential Standards

• What are minimum thresholds?What are minimum thresholds?• How to develop qualified experts?How to develop qualified experts?• How to define qualifications ?How to define qualifications ?• What certifications are important?What certifications are important?• Keep in mind the court actually decides.Keep in mind the court actually decides.

Member InterestsForums for Information Exchange

• How to get more articles in Newsletter?How to get more articles in Newsletter?• Are meeting sessions adequate?Are meeting sessions adequate?• How can members raise issues?How can members raise issues?• Expand information resources?Expand information resources?• Available mentors for young and old?Available mentors for young and old?

Member InterestsTrial Testimony

• Provide trainingProvide training• Good and bad examplesGood and bad examples• Graphic presentationsGraphic presentations

• Trial highlightsTrial highlights• Adjudications and appeal verdictsAdjudications and appeal verdicts• Review unique cases and “surprises”Review unique cases and “surprises”• Case judgments – Safety impacts?Case judgments – Safety impacts?

Member InterestsSafety Advancement

• Costs of litigation judgmentsCosts of litigation judgments• Knowledge of minimum requirementsKnowledge of minimum requirements• Application of corrective measuresApplication of corrective measures• Information from judgmentsInformation from judgments• Awareness of Driver – Vehicle – Roadway Awareness of Driver – Vehicle – Roadway

deficienciesdeficiencies

Member InterestsPromotion of Forensic Services

• Develop member qualificationsDevelop member qualifications• Build agency/attorney contactsBuild agency/attorney contacts• Promotion of individual servicesPromotion of individual services• Marketing activitiesMarketing activities

Council Membership Distribution

• 16 pct. of council members in their 40’s16 pct. of council members in their 40’s• 57 pct. of council members in their 50’s and 60’s57 pct. of council members in their 50’s and 60’s• 18 pct. over 70 years old18 pct. over 70 years old• 75 pct. greater than 50 years old75 pct. greater than 50 years old

Expert Witness Information Notebook

• Updated in 2008Updated in 2008• Published as a CD-ROMPublished as a CD-ROM• Available on-line to members in the ITE CommunityAvailable on-line to members in the ITE Community• Free to all Council membersFree to all Council members• Written by members to help membersWritten by members to help members

Notebook ContentLiability Information

• Tort liability backgroundTort liability background• Liability doctrine and conceptsLiability doctrine and concepts• Anatomy of a lawsuitAnatomy of a lawsuit• GlossaryGlossary

Notebook ContentExpert Practice

• What it takes to be an ExpertWhat it takes to be an Expert• DepositionsDepositions• Preparation for trialPreparation for trial• Professional ethics conductProfessional ethics conduct• Working with Attorneys / Other Experts / ClientsWorking with Attorneys / Other Experts / Clients• Outline format for accident investigationsOutline format for accident investigations• Unethical practicesUnethical practices

Notebook ContentSupport Data

• Field investigationsField investigations• Obtaining information from witnessesObtaining information from witnesses• Use of regulations standards, practices and Use of regulations standards, practices and

proceduresprocedures• Court exhibitsCourt exhibits• Input to design and traffic control litigation Input to design and traffic control litigation

Notebook ContentMiscellaneous

• Reference information notebook outlineReference information notebook outline• File and letter databaseFile and letter database• Trial notebook outlineTrial notebook outline• Case databaseCase database• Bibliography of referencesBibliography of references

Questions ? ? ?Questions ? ? ?