1. …your source for expertise, knowledge, and ideas So You Want to be An Expert?: Perspectives from the Transportation Expert Witness Council NameTitle Institute of Transportation Engineers Presentation to the Meeting Name Month dd, 2013

2. Why a Transportation Expert? When there is injury, fatality, or disagreement on the use of a transportation facility. When there is injury, fatality, or disagreement on the use of a transportation facility. When crashes occur someone needs to help sort out the facts and what they mean by assisting the attorney with technical aspects. When crashes occur someone needs to help sort out the facts and what they mean by assisting the attorney with technical aspects. Was there a deficiency related to the driver, vehicle or transportation infrastructure? Was there a deficiency related to the driver, vehicle or transportation infrastructure?

3. Why a Transportation Expert? Were corrective measures necessary or applied? Were corrective measures necessary or applied? What was required? What was required? Is a change to the transportation system reasonable or necessary? Is a change to the transportation system reasonable or necessary? Suggest changes to enhance safety and risk management. Suggest changes to enhance safety and risk management.

4. Expert: What Does That Mean? What is the Need? Expert Witness: A person who assists the attorney and client in the litigation process because he/she has special knowledge in a particular field. This entitles them to testify about their opinion on the meaning of facts. Expert Witness: A person who assists the attorney and client in the litigation process because he/she has special knowledge in a particular field. This entitles them to testify about their opinion on the 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 transportation expertsNeed exists to develop mid-career people into the role of transportation experts

5. Expert: What Does That Mean? How to become an Expert Witness: How to become an Expert Witness:  Establish an area of interest  Understand tort liability  Use resources to obtain knowledge  Gain technical competence  Obtain work experience  Build credentials

6. Establish an Area of Interest Pick specific subjects or areas of practice Pick 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 subject Have a keen interest and learn everything about subject

7. Establish an Area of Interest Understand development of policies, procedures and requirements Understand development of policies, procedures and requirements Current Issues: Current Issues:  Traffic Control Signs and Signals  Roadway Design  Maintenance and Construction  Pedestrians/Bicycles  Work Zones  Transit Facilities  Automated Enforcement

8. Understand Tort Liability Know roles of an attorney and their purpose in the U.S. legal system Know roles of an attorney and their purpose in the U.S. legal system Know roles of an expert and the role’s relationship to the civil and criminal court system Know roles of an expert and the role’s relationship to the civil and criminal court system Field investigations Field investigations Engineering reports / affidavits Engineering reports / affidavits Depositions and trial testimony Depositions and trial testimony Expert Witness Information Notebook Expert Witness Information Notebook Use these tools to improved design and operations Use these tools to improved design and operations

9. Use Resources to Obtain Knowledge Research field, learn background Research field, learn background Understand what changes have occurred and why Understand what changes have occurred and why Understand new and emerging issues Understand new and emerging issues Build a reference library Build a reference library Attend or teach seminar classes and workshops Attend or teach seminar classes and workshops Become an information resource if someone has a question Become an information resource if someone has a question

10. 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.

11. 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, implementation of measures. Understand realistic & practical, day to day, implementation of measures. Obtain knowledge of traffic operations. Obtain knowledge of traffic operations. Work with enforcement groups.

12. Build Your Credentials Education Education Registration / certification Registration / certification Experience Experience Technical involvement Technical involvement Presentations Presentations Publications Publications Field investigations / court experience Field investigations / court experience Prepare a resume or Curriculum Vitae (CV) Prepare a resume or Curriculum Vitae (CV)

13. Get Case Experience Associate with known experts Associate with known experts Seek involvement and court experience Seek involvement and court experience Find a Mentor – Be a Mentor Find a Mentor – Be a Mentor Get involved – Make yourself a better engineer Get involved – Make yourself a better engineer

14. ITE Resource: Expert Witness Directory Accessible through the ITE web site Accessible through the ITE web site Expert Witness Council members Expert Witness Council members Listing input and updated by individual Listing input and updated by individual Selection of specialty area Selection of specialty area No verification of data No verification of data No endorsement by Council or ITE No endorsement by Council or ITE Searchable directory Searchable directory Free to Council Members Free to Council Members

15. Expert Witness Directory Information Name, address, phone, fax, e-mail Name, address, phone, fax, e-mail Licenses, registrations and certifications Licenses, registrations and certifications Description of services Description of services Education Education Work experience Work experience Affiliations Affiliations Specialties Specialties

16. ITE Resource: Transportation Expert Witness Council Mission: Mission: Foster ethical conductFoster ethical conduct Promote professional developmentPromote professional development Advance knowledge and skills that improve transportation safetyAdvance knowledge and skills that improve transportation safety History: History: Chartered by ITE in 1986Chartered by ITE in 1986 24 Founding Members24 Founding Members Currently 500+ membersCurrently 500+ members

17. Leadership Russell Brownlee, Chair (Toronto, ON) Russell Brownlee, Chair (Toronto, ON) Vacant, Vice Chair Vacant, Vice Chair John Logan, Past Chair (Seattle, WA) John Logan, Past Chair (Seattle, WA) Robert Stammer, Past Past Chair (Nashville, TN) Robert Stammer, Past Past Chair (Nashville, TN) Jim Pline, Secretary (Boise, ID) Jim Pline, Secretary (Boise, ID) Keith Bergman, Newsletter (Fort Washington, PA) Keith Bergman, Newsletter (Fort Washington, PA) Executive Committee: Executive Committee: Bernie Arseneau Bernie Arseneau Andrew Ramisch Andrew Ramisch Hibbett Neel Hibbett Neel Bob Seyfried Bob Seyfried Ron Eck Ron Eck

18. Members Interests Ethical 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 or Peer Review or Censure Process Censure Process Keep testimony within expertise? Keep testimony within expertise?

19. Member Interests Information 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 ITE Journal? More articles in ITE Journal?

20. Member Interests Credential 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.

21. Member Interests Forums 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?

22. Member Interests Trial Testimony Provide training Provide training Good and bad examplesGood and bad examples Graphic presentationsGraphic presentations Trial highlights Trial highlights Adjudications and appeal verdicts Adjudications and appeal verdicts Review unique cases and “surprises” Review unique cases and “surprises” Case judgments – Safety impacts? Case judgments – Safety impacts?

23. Member Interests Safety Advancement Costs of litigation judgments Costs of litigation judgments Knowledge of minimum requirements Knowledge of minimum requirements Application of corrective measures Application of corrective measures Information from judgments Information from judgments Awareness of Driver – Vehicle – Roadway deficiencies Awareness of Driver – Vehicle – Roadway deficiencies

24. Member Interests Promotion of Forensic Services Develop member qualifications Develop member qualifications Build agency/attorney contacts Build agency/attorney contacts Promotion of individual services Promotion of individual services Marketing activities Marketing activities

25. 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

26. EWC Resources Expert Witness Information Notebook Expert Witness Information Notebook Expert Witness Directory Expert Witness Directory Sessions at Meetings Sessions at Meetings Training Seminars Training Seminars Council Newsletter Council Newsletter Provide information to Keith Bergman (Newsletter Editor)Provide information to Keith Bergman (Newsletter Editor) Email: kbergman@fleischerforensics.comEmail: kbergman@fleischerforensics.com Published three times per yearPublished three times per year Available – EWC page on ITE Web siteAvailable – EWC page on ITE Web site

27. Expert Witness Information Notebook Updated in 2008 Updated in 2008 Published as a CD-ROM Published as a CD-ROM Available on-line to members in the ITE Community Available on-line to members in the ITE Community Free to all Council members Free to all Council members Written by members to help members Written by members to help members

28. Notebook Content Liability Information Tort liability background Tort liability background Liability doctrine and concepts Liability doctrine and concepts Anatomy of a lawsuit Anatomy of a lawsuit Glossary Glossary

29. Notebook Content Expert Practice What it takes to be an Expert What it takes to be an Expert Depositions Depositions Preparation for trial Preparation for trial Professional ethics conduct Professional ethics conduct Working with Attorneys / Other Experts / Clients Working with Attorneys / Other Experts / Clients Outline format for accident investigations Outline format for accident investigations Unethical practices Unethical practices

30. Notebook Content Support Data Field investigations Field investigations Obtaining information from witnesses Obtaining information from witnesses Use of regulations standards, practices and procedures Use of regulations standards, practices and procedures Court exhibits Court exhibits Input to design and traffic control litigation Input to design and traffic control litigation

31. Notebook Content Miscellaneous Reference information notebook outline Reference information notebook outline File and letter database File and letter database Trial notebook outline Trial notebook outline Case database Case database Bibliography of references Bibliography of references

32. Questions ? ? ?