In the Evidence Solutions world, we frequently see cases that benefit from more than one retained Expert. This is especially true when the case involves a motor vehicle accident, and in particular when that motor vehicle accident involves a Commercial Motor Vehicle (CMV). These cases have the potential to be complex and require specialized knowledge on several different fronts. Depending on the unique circumstances of the incident in question, it may be necessary to involve multiple Experts to provide a comprehensive and accurate understanding of the events that led to the collision.
Expert Witnesses and CMV Accidents
Expert Witnesses bring insight, experience, and credibility to legal cases, giving impartial opinions on issues for which they have specialized knowledge. In motor vehicle accidents, there are several different types of experts that may need to be brought on to give the most accurate explanation of the incident's contributing factors. Having a precise view of what happened on the day of and (in some cases) the days leading up to an incident helps establish liability, determine negligence, and ensure justice is served.
Commercial Trucking Expert
A Commercial Trucking Expert brings valuable insight into the driver's actions and standard of care during and leading up to the incident. They may look at driver logs to determine whether or not the driver was following Federal Motor Carrier Safety Regulations for hours of duty. During the investigation, an expert will also look into the company the driver works for, including training standards, drug and alcohol testing requirements, and whether or not the employee was properly vetted at the time of hiring. Employers must maintain a complete Driver Qualification File in order for the driver to be legally permitted to operate a Commercial Motor Vehicle, something that we frequently see neglected in the cases we investigate.
Accident Reconstruction Expert
In today's increasingly filmed world, dash cameras have become far more commonplace in CMVs and are even growing in popularity in private vehicles, but they are not mandatory. Without video evidence of the incident, there may be questions about the exact series of events and collisions. That's when an Accident Reconstruction Expert can shed light. They can utilize their specialized training to determine and then model for a jury exactly how an accident occurred. This is crucial in cases where the two sides disagree about what transpired and there is limited evidence to lean on.
Two Experts
These two areas of expertise could both be helpful in certain cases. An Accident Reconstructionist is brought on and able to show a driver was speeding when they collided with the other vehicle, and the Trucking Expert is brought on to explain the various rules and regulations that were violated and opine on the employer's potential lack of training or oversight.
Electronic Evidence Expert | Digital Forensics | Cell Phone Forensics
There is usually a wealth of "hidden" electronic evidence to consider in Commercial Motor Vehicle collision cases. These days, driver logs tend to be Electronic, and a Digital Evidence Expert may need to be brought on if tampering or forgery is suspected. The vehicles likely have Black Boxes, allowing for a download of crash-related data to show speed, steering, seatbelts, brake application, and more. It is even possible to download information from in-dash infotainment systems, which can show GPS data and other car settings.
And perhaps the most common reason to involve two experts: Cell Phone Analysis. If a motor vehicle collision occurs, there is a decent chance that a cell phone is a contributing factor. Distracted driving is a significant problem on our nation's roads, and attempting to utilize a cell phone while driving is a leading type of distraction. The National Highway Traffic Safety Administration’s 2020 distracted driving report attributed cell phone usage while driving to 354 fatal crashes. This accounted for 12% of all distraction-affected fatal crashes. In cases where it simply doesn't make sense that the driver didn't "see" the other vehicle and stop in time it is imperative to question if their eyes were elsewhere.
What to Expect
When multiple Expert Witnesses are retained on the same case, the initial analysis of the evidence should be independent and impartial, as with all cases. The evidence reviewed will help the Expert form their opinion, at which point it can be helpful for experts to compare notes. Meaningful things may be uncovered by talking to someone with a unique angle on the matter. Further collaboration may arise when their independent opinions and analysis of the facts align or support one another, such as a CMV’s lack of braking prior to an impact supporting a Commercial Trucking Expert's view that the driver failed to meet expected standards of care in the safe operation of a CMV.
In motor vehicle accident cases, whether on the Plaintiff or Defense side, including more than one expert witness may be essential to figuring out what exactly transpired and explaining it in a way everyone can understand. Their expertise, analytical skills, and expert opinions are invaluable in establishing responsibility, unraveling causation, and offering critical insights to support the pursuit of justice. Having a clear understanding of when multiple experts are essential and what to anticipate from their contributions empowers legal professionals to effectively harness their knowledge and navigate intricate vehicular accident cases.
