New civil procedure rules will result in the writing of better expert reports

(This item is an update of a posting on much the same topic on August 21, 2012.  I elaborate some of the themes developed previously – notably the need for better report writing and the resources available to encourage this.  I also suggest that there is an argument for adding skillful report writing to the attributes of a qualified expert engineer)

The need for better expert report writing

Expert’s reports can be written better and there are resources available to encourage this.  The need for better reports will be driven in part by civil procedure rules such as Rule 55 in Nova Scotia, Canada.

Requirements of the rules

These rules require an objective presentation of opinion to the court and a statement of the certainty with which these opinions are held.  Also required is a clear explanation of the reasoning leading to the opinion.  And by inference, demonstration that a sufficiently thorough forensic investigation has been carried out to support an acceptable degree of certainty in the opinion.

Expert engineers in eastern Canada often report on the causes of failure in the built and natural environments – why things fall down or don’t work properly, and the causes of industrial and traffic accidents – why people get hurt.

Skillful report writing a key attribute of a qualified expert engineer

The need for well written reports will give counsel and the courts another attribute by which to evaluate the qualifications of an expert professional engineer.

In fact, an argument could be made for adding report writing to the five widely accepted key attributes of an expert engineer (Ref. 1):

  1. Education
  2. Training
  3. Experience
  4. Skill
  5. Knowledge
  6. Report writing

Some would say that a qualification in report writing is implicit in the basic five attributes but I don’t think so.  Engineers are basically educated and trained to examine, measure and test, and to analyse the data obtained – tasks that are quite quantitative in nature, not literary.

We report our analyses but the reports are often in the form of drawings or number-dense compositions.  Nor are we required often enough to report our reasoning – how we arrived at the numbers.  That’s not report writing to the standard required in an expert’s forensic report.

Rule 55 limits discovery of experts and, by implication, places great emphasis on the expert’s report and, by inference, the standard to which the report must be prepared.

Engineers report easily and well to other engineers but often enough don’t report well to counsel and the court.  For example, our leaps of faith from raw data to opinion are easily understood by other engineers but not so much by counsel and the court.

“The need has skyrocketed for experts with specialized knowledge who can skillfully explain their knowledge (italics mine) and provide relevant opinions.  Experts play a significant role in investigating failures and presenting their findings in court (almost always today in a report).  In addition, plaintiffs, defendants, counsel, judges, and juries are being asked more and more to believe and rely upon opinions of the experts, a phenomenon known as “expert credito”. (Ref. 1)

Rule 55 (Nova Scotia) will promote better report writing and forensic engineering investigation

When I first prepared a report two years ago according to the requirements of Rule 55 I was struck by the potential for this rule to promote better expert report writing,  And, by extension, better, more thorough forensic engineering investigation.  You can’t write a good report unless you’ve carried out a thorough investigation.

Reason for poorly written expert reports  

I have been troubled by the poor composition, unsupported statements, and leaps of faith in drawing conclusions – some that would scare a tightrope walker, that I’ve seen in some experts’ reports.

No surprise given that we engineers and scientists like to measure things, crunch numbers and analyse data.  We are not wordsmiths by nature.  But this doesn’t relieve us of the responsibility to communicate our findings in simple English and to do it effectively.

Not to fault the technical expert too much.  We are not educated and trained to communicate with lay people.  We practice for several decades communicating for the most part with other technical types – no simple English skills needed – jargon only spoken here.  Finally, we are retained in later years for our extensive technical knowledge and experience and presented as experts to the courts – only to find we can’t write and speak simple English to civil litigation lawyers, judges, and juries.

Nor is the civil litigation lawyer – the wordsmith in the process – relieved of a responsibility to confirm that the expert they retain can present their findings skillfully in well written, laymen’s terms.  Confirm that the expert can write so judges and juries can understand.

The role of the expert in the judicial system is to interpret and explain technical material.  One role of counsel is ensuring that he or she understands the report before it goes forward.  Counsel is like a gate keeper.

Being technical is neither an excuse nor the justification for poor writing.  The inability to write well is a career-limiting short-coming (see Ref. 2) – and a potential embarrassment to lawyers, judges, and juries, not to mention the engineer and the scientist.

My experience leading to these views on the state of expert report writing

My experience leading to these views has been with engineering and legal firms ranging in size from sole practicioners to 50 to 75 staff.  Firms located in eastern and western Canada, and overseas in Australia, the U.K., and the Caribbean.

However, my colleague, Gary Bartlett, P.Eng. noted that he experienced a culture in much larger organizations – 200+ staff, that encouraged and required good writing skills, and they achieved this (Ref. 2).  Gary was an electrical engineer with the Canadian air force – air crew, for about 12 years then with the aerospace industry for at least another 25 years.  He still writes reports for the industry.

So, while there is a problem out there, the character and extent of it varies.  It behooves the lawyer in selecting an expert to learn a little something about where his expert is coming from with respect to his skill writing a report.

Resources for expert report writers

CDs and books

I was prompted to write this item on receiving a newsletter from Expert Communications, Dallas, Texas, a few days ago. (Ref. 3)  This firm provides expert witness training tools and other services to experts.

The newsletter announced the availability of a CD on report writing entitled, Expert Report Writing: Effective and Defensible.  The CD is an hour-long teleseminar of a discussion between Rosalie Hamiliton of Expert Communications and Steven Babitsky, president of SEAK, Inc.  SEAK also provides services to experts. (Ref. 4)

Steven Babitsky is formerly a trial attorney and a co-author of Writing and Defending Your Expert Report.  This book is one of the best I’ve read and studied on the subject.  Every expert should be given a copy by their retaining counsel.

Rosalie advised in an e-mail that If you have Steven’s book you don’t need the CD, although they do complement one another to some extent.  But, she says, if you don’t have time to read a book and actually like to get your education via oral and video presentations, then the CD will provide insight into this important topic of report writing.

Critical thinking course

Talking about oral presentations, one of the most valuable experiences I’ve had in recent years, with respect to my practice in forensic engineerng investigation and the accompanying report writing, was to take a course in critical thinking.

This was an intensive, year-long, two, 1.5 hour lectures a week course given by Professor Chris MacDonald at Saint Mary’s University in Halifax (Chris is now at Ryerson University in Toronto). (Ref. 5)  There was considerable emphasis in the course on looking critically at the basis of statements made to us and that we make; What’s the statement founded on?  What are you saying and basing your statement on?  These are critical questions for an expert to keep in mind when writing a report.

The importance of instruction in critical thinking can be gathered from the fact that hundreds of first year students in the liberal arts programs at Saint Mary’s and other universities are required or encouraged to take a course like this.  The course was given by three different professors the year I took it.  My class had about 200 students.

It’s interesting that many universities require first year arts students to take a course in critical thinking.  But don’t require this of first year engineering students.  A serious omission in my opinion.

Experts, regardless of how experienced, well known, and long in the tooth they might be would benefit from a course like this – and their expert reports would be better for it.

But, like reading books, not everyone can take time out to take courses at a university.  I’m beginning to think that on-line sources like The Great Courses can help solve that problem. (Ref. 6)

This firm offers several hundred courses on DVD and CD on a range of topics including critical thinking, reasoning, and writing.  The presentations are good and reasonably priced.  You receive a synopsis of the course with the DVD if you still want to do some reading.  A transcript of the lectures can also be purchased.  Some of the courses are interactive.  I have three of their courses on reasoning and writing and will buy two more for $79 in the next two weeks.

Arguing and report writing

Gaining some understanding of Toulmin logic would also benefit those of us writing expert reports.  I see it as a practical logic as opposed to a formal logic.  Toulmin advocates – analogous with existing practice in law – a procedural rather than a formal notion of validity.  He outlines a way that assertions and opinions can be rationally justified.

His text, The Uses of Argument, is a hard read because of the terminology and style of writing in vogue in the U.K. in the 1950s when he first published his ideas. (Ref. 7)  But, fortunately, you can go on-line and view graphical representations of his ideas which I thought were quite good.  There are also courses and lectures on his methods in simple English.  The illustrations will remind experts in writing their reports of the importance of ensuring their statements are well founded.

There’s no shortage of resources on writing better expert reports

There’s no shortage of guidance and no excuse for not writing better expert reports.  This will be driven by the high standards required by civil procedure rules like Rule 55 in Nova Scotia.  Rules like this will result in the writing of better expert reports and the carrying out of more thorough forensic engineering investigations.

References

  1. American Society of Civil Engineers, Guidelines for Forensic Engineering Practice, 2003, Chapter 2, Qualifications of Forensic Engineers
  2. Personal communication. Gary Bartlett, P.Eng., VP Engineering, (ret’d), IMP Aerospace, Halifax, Nova Scotia, Canada
  3. Expert Communications, Dallas, Texas www.expertcommunications.com
  4. SEAK, Inc., United States www.seak.com
  5. MacDonald, C., The power of critical thinking, Canadian edition
  6. The Great Courses www.thegreatcourses.com
  7. Toulmin, Stephen E., The uses of argument, updated edition, 2003, Cambridge
  8. Howard, V. A. and Barton, J. H., Thinking on Paper, William Morrow and Company, 1986

 

 

 

It’s not Big-Data, it’s Big-Computer that’s making its presence felt in society

Including in forensic engineering in big and helpful ways – but, we must know and keep in mind what the computer is doing.

One of the mistakes experts make is not understanding the computer programs they use to analyse data and what the programs are based on (Ref. 1).  This would include the accuracy of the mathematical models relevant to the problem they’re investigating.

We’ve heard about the discrepancies in the predictions of different climate-change models.  I also noted in a recent posting (Ref. 2) that big-data is giving us correlations not causes – and it’s the latter that’s of paramount importance in forensic engineering.

Big-data refers to the ability of society to harness huge amounts of data in novel ways with today’s computers, and analyse the data to produce useful insights on people, or goods and services of significant value. (Ref. 3)  This is the “big-data” revolution.

But Big-Data is really all about Big-Computer power.

I was reminded of this on reading an item in the Globe and Mail recently on how our lives are being “datafied” in both good and not-so-good ways (Ref. 4).  (The item is a good read if you’re interested in staying up to date on what’s happening with big-data)  I also reflected on this after doing a preliminary literature search for a case on-line last week in a few hours that would have taken a few days a decade or more ago.

The computer is the common denominator in what was reported in the Globe and Mail and my literature search.  The computer is generating a lot of the data that is subsequently being gathered together and analysed – also by the computer.

For me, I was able to quickly get a handle on existing and past standards, codes of practice, and guidelines in North America and Europe via Google.  I was also able to review the science relevant to my problem at Wikipedia.  Both using computer power.

But, at the end of the day, I’ve got to check the sources and citations supporting this information lest I make the mistake experts sometimes do of not knowing the accuracy of their sources.  I’ve started on this and did a little by e-mailing and in due course conferring on the telephone with a consultant in Texas.

It was “big-computer” power that took me across the continent and overseas not “big-data”.  The data was there – in a computer database; the computer went to it, and scooped it up for me.

References

  1. Babitsky, Steven and Mangraviti, Jr., James J., The Biggest Mistakes Expert Witnesses Make and How to Avoid Them, SEAK, Inc, 2008
  2. Experts on the wane? Blog posted on this site on April 18, 2013
  3. Mayer-Schonberger, Victor and Cukier, Kenneth, Big Data: A Revolution That Will Transform How We Live, Work and Think, Houghton Mifflin Harcourt, New York, 2013
  4. The Globe and Mail, Thursday, May 9, 2013, page A21

The role of a professional engineer assisting counsel prepare for a Settlement Conference. Update on how to save time and money

(You are likely to be concerned, as I am, at the situation described in the following – a situation that wastes our client’s time and money)

The update is of a short item that was the 8th in a series on the role of a professional engineer at the different stages of civil litigation.  All the items in the series are listed below in the Bibliography and can be read on this blog site.

The series was intended to help lawyers and their clients understand how they can use professional engineers in the resolution of disputes with technical issues.

Update

My update expresses concern that civil cases are getting to the Settlement Conference stage before a forensic engineering investigation of the cause of the failure or accident is carried out.

Someone is going to get stung one of these days going forward with a case without a reliable determination of cause.  I haven’t seen this happen yet but it’s due.  And the more unusual the technical problem, the greater the risk.

At a Settlement Conference, you put forward a summary of your arguments to the judge on behalf of your client.  Too often the arguments are based on a cause that seems obvious.  But until the investigation is commissioned and completed and a technical expert has rendered a reliable, objective opinion – as per the requirements of Rule 55, you just can’t be sure.

To some extent, implicit in reliable is thoroughness.  Thorough case preparation on your part can’t be had without a reliable investigation of cause early in the litigation.

Also, cases settle quicker once a forensic investigation is carried out.

Fairly recently, I’ve seen two cases settle within a few weeks to a couple of months after technical opinions were rendered – many years, that’s many years, after a failure in the one case and an accident in the other had occurred and litigation begun.  I suspect another accident that I’m aware of will resolve just as quickly.  Time is money.  I don’t know what the injured parties were thinking letting these cases go on for years.

The six tasks listed below were originally identified for a perfect litigious world – civil litigation unfolding as it should; in the best interests of the parties involved.  I’ve suggested a seventh task after checking the investigations I’ve completed and realizing how imperfect that world is.

Seriously, counsel can take a case forward to a Settlement Conference with greater confidence – much greater than that possible based on the seemingly obvious, if a forensic investigation of cause is carried about the time a statement of claim or defence is filed.  And litigation resolved earlier and money saved.

Original Settlement Conference

If mediation or arbitration is not tried or is unsuccessful then lawyers for the parties meet and confer with a judge to decide if a settlement is possible with his assistance.  By this time the parties will be ready to go to trial.  They will have the documents that they will be relying on, reports from professional engineers and other experts, physical and demonstrative evidence, and testimony from discovery.

The lawyers, in advance of the Settlement Conference, send the judge a brief summary of their arguments and any relevant documents.

At the conference the judge will listen to the lawyers and try to achieve a settlement.  The judge will sometimes give an opinion on how they would decide the case if they heard it at trial.  However, they cannot force a settlement and would not officiate at the trial because of their role in the Settlement Conference.

A professional engineer might assist counsel at this stage of civil litigation by carrying out the following tasks:

  1. Review all technical evidence and technical facts identified at discovery, paying particular attention to new evidence
  2. Re-assess determination of cause of failure, inadequate performance, or cause of accident
  3. Check all technical documents and information that will be relied on in counsel’s arguments during the Settlement Conference
  4. Identify technical evidence and facts favourable to the opposing party
  5. Re-assess the technical strengths and weaknesses of the claim or the defense and brief counsel
  6. Review and comment, as appropriate, on the technical content of counsel’s proposed summary to the judge of their arguments and documents
  7. Carry out a forensic engineering investigation if you didn’t do this years ago

Biblio

  1. What is forensic engineering?, published, November 20, 2012
  2. Writing forensic engineering reports, published, November 6, 2012
  3. Steps in the civil litigation process, published, August 28, 2012
  4. Steps in the forensic engineering investigative process, published October 26, 2012
  5. The role of a professional engineer in counsel’s decision to take a case, published June 26, 2012
  6. The role of a professional engineer assisting counsel prepare a Notice of Claim, published July 26, 2012
  7. The role of a professional engineer assisting counsel prepare a Statement of Claim, published September 11, 2012
  8. The role of a professional engineer assisting counsel prepare a Statement of Defence, published September 26, 2012
  9. The role of a professional engineer assisting counsel prepare an Affidavit of Documents, published October 4, 2012
  10. The role of a professional engineer assisting counsel during Discovery, published October 16, 2012
  11. The role of a professional engineer assisting counsel during Alternate Dispute Resolutionn (ADR), published November 16, 2012
  12. The role of a professional engineer assisting counsel prepare for a Settlement Conference, published November 29, 2012
  13. The role of a professional engineer assisting counsel prepare for a Trial Date Assignment Conference, published December 12, 2012
  14. The role of a professional engineer assisting counsel prepare for Trial, published, December 19, 2012
  15. Built Expressions, Vol. 1, Issue 12, December 2012, Argus Media PVT Ltd., Bangalore, E: info@builtexpressions.com, info@argusmediaindia.com

 

Investigating a vibrating building

(This is not an East Coast ghost story)

(The following is one in a series of cases I have investigated that illustrate the different forensic engineering methods I use to investigate the cause of failures and accidents that result in civil litigation.  Knowledge of simple frost heave was important in this case)

The investigation of the vibrating building is reported under the following main headings with several sub-headings:

  • The case (A description of: 1. The building and the problem experienced by the owner; 2. The building’s foundations, and the problems with the building, 3. The legal/technical issues, and, 4. My client)
  • Forensic engineering investigation of the problem and the methods used
  • Findings of the investigation (conclusions with respect to the technical issues)
  • Resolution
  • Lessons learned

The case

Description of the building and the problem 

The building was a large, well appointed mobile home in the Halifax area that vibrated quite noticeably during the winter months.  The vibration occurred when the owner and his family walked the length of their home from one room to another.

The owner also wanted to know why the interior partitions at some locations were separating from the ceiling.

Legal/Technical Issues

The main issues were the cause of the vibration and the cause of the gaps at the tops of the partitions.

Client

I was retained to investigate the problem by the company who placed the mobile home on the site.

Forensic engineering investigation

My forensic engineering investigation involved the following methods:

  1. Take a briefing on the problem from the owner.
  2. Visually examine the building and the site it was on.
  3. Examine and determine how the building was supported and the foundations constructed.
  4. Sample and determine the type of foundation soils underlying the building site and their physical properties.
  5. Analyse the data collected during these examinations.

Investigations and Findings

Briefing  The owner was quite clear in describing how the building vibrated in winter in walking from one end of his home to the other.  He also described the gaps at the top of the partitions.  The building did not vibrate during the summer.

I wasn’t on site during the winter but saw and measured gaps of about 1/4 to 1/2 inches during my visit.

Visual examination:  The home was on a sloping site with the length of the building aligned up the slope.

Examine foundations:  I crawled under the building and established that the mobile home was supported on two continuous steel beams running the length of the mobile home.  The beams were in turn supported by concrete block piers at regular intervals.  The piers were supported on the sloping ground a few inches below the surface.

Because of the sloping ground, the height of the piers and the home above the ground gradually increased from 1.5 feet at the upslope end to 3.5 feet at the downslope end.

Test foundation soils:  I took samples of the soils supporting the piers and had the samples tested in a laboratory.  I also researched the soil geology of the area – the surficial geology.

The tests and research established that the foundation soils comprised a dense, silty glacial till typical of the many drumlins in the area.

Drumlins are teardrop shaped glacial soil deposits.  The Citadel in Halifax is on a drumlin.

Analyse data: The fact that the mobile home vibrated in winter but not in summer was interesting, and took some reflection on my part.

The shallow depth of the pier foundations supporting the mobile home – a few inches, was not typical for foundations in this area.

We dig our foundations down typically about 3.5 to 4.0 feet in the Halifax area to get below the depth of frost penetration and the effects of frost heave.

A characteristic of the fine grained soils found beneath the piers is that they are very frost susceptible – water collects in the soils easily and freezes in winter.  The mixture of water and soil expands on freezing – frost heave to everyone.  The more soil freezes – the greater the depth of freezing, the greater the frost heave.

The pier foundations would have heaved in winter for certain considering they were only a few inches below the ground surface, not 3.5 to 4.0  feet..

The depth to which the soil freezes depends on the severity of the winter.  Deeper in cold winters, shallower in warmer winters.

A source of heat from an external source other than the weather can also affect the depth of frost penetration in the ground and the amount of frost heave.

Regardless of how well we typically insulate our homes, heat is lost in winter to the surrounding air.  The air is warmed in the process and in turn warms other surfaces in contact where it is protected from the wind.

That was the case at the upslope end of the mobile home where the building was closer to the ground – 1.5 feet.  The depth of frost penetration and heave could be expected to be less at this end of the building than at the downslope end where the home was 3.5 feet above the ground.  It was also exposed to the wind at this downslope location.

Frost was penetrating the ground to an increasing depth from the 1.5 foot end of the mobile home to the 3.5 foot end.

All the piers along the length of the home would heave due to frost action but not necessarily a proportionate amount.  This is because conditions at each pier could be expected to vary a little: Foundation soil conditions could vary, also heat loss from the mobile home, protection from the wind, etc.

The steel beams could be expected to be lifted off the piers completely at some locations – and “suspended” between adjacent piers, because of the disproportionate amount of heave at the adjacent piers.

Steel beams deflect between piers.  The greater the suspended distance between piers providing support to a mobile home the greater deflection.  Walking along a floor supported on such beams causes the floor and the beam to deflect and vibrate.  I think a good many of us have walked along wooden planks supported at each end and felt the deflection and vibration.

Conclusion

I concluded that the mobile home was vibrating as much as it was because it was not properly supported by the piers in the winter time.  Because of the magnitude of the vibration, I believed that the mobile home was only supported by the piers at the ends of the two beams.

The gaps formed at the top of the partitions because the joints between the tops of partitions and the ceiling are relatively weak and would separate when the supporting beams deflected.  I suspect that small gaps would have formed at the bottom of the partitions as well but went unnoticed.

Resolution

I recommended digging and founding the piers deeper and below the depth of frost penetration and heave.

Lessons learned

  1. Always look at the weather conditions along different parts of a foundation when unusual problems are occurring in the structure above.

 

 

 

 

 

Experts on the wane?

I don’t think so..!!  

Certainly not in the forensic engineering field where ‘small-data’ is the rule and where there will always be a need for the subject-area expert – a well experienced, knowledgeable person in a particular field of study.

Someone who can gather engineering data and facts, for example, then bridge the gap between these facts and the formulation of an opinion on cause.  Finally, someone who can help civil litigation lawyers and the judge understand the technical cause of a failure or accident in the built environment (Ref. 1).

But, exciting things are happening in the Big-Data world

But, there does appear to be exciting things happening in the ‘big-data’ world as suggested in a recent item in the Globe and Mail. (Ref. 2)  The item – headed up ‘Experts on the wane?’, quotes the authors of a recent book (Ref. 3) who predict “Data-driven decisions are poised to augment or overrule human judgement”.  The new big-data way will “…let the data speak.”

(The book is a very good read – a study to some extent, with much insight on what can be learned from large amounts of data, and also how we are being monitored with today’s technology.  There is an extensive bibliography)

No excitement in the Small-Data world

That may be the case as far as big-data is concerned but there’s nothing new there in the ‘old’, small-data world.  Practitioners of forensic engineering investigation have been “letting the data speak” all along and following the evidence where it leads.

Definition of big-data with a good example

Big-data refers to the ability of society to harness huge amounts of data in novel ways with today’s computers, and analyse the data to produce useful insights on people, or goods and services of significant value. (Ref. 3)

For example, Amazon now regularly analyses tens of thousands of customers’ book purchases to predict what related topics any one us will be inclined to purchase next, and then offer it to us.  The experts who did this in the past were all laid off.

Engineers go outdoors and get dirty – fortunately for the justice system

In spite of this ability of today’s technology, it will still be necessary for an engineer to go on site and get his hands dirty and mud on his boots examining a foundation failure or measuring skid marks at the scene of a traffic, or slip and fall accident.  And crawling over the debris of a collapsed structure.

We engineers in North America are known overseas for our interest and willingness to go on site and get data firsthand.  And the justice system appreciates that hands-on approach.  The big-data way won’t cut it in the investigation of a failure in the built environment.

The justice system still wants to know the cause of a problem

As well, gathering large amounts of data and analysing the data with computers focuses on establishing correlations rather than causes.  Identifying the what of a problem rather than the why – the cause of a problem. (Ref. 3)  That would never do in forensic engineering where the cause of a problem must be determined before you can fix it, and before the justice system can determine damages.

The old, small-data way solves problems in the built environment

All the problems that I experience in my forensic engineering practice – requiring the gathering and analysis of small-data by an expert, or that I hear about from my colleagues in their practices, and see in the literature, are from the built environment.

Problems and failures in the built environment to do with the planning, design, construction, performance, and maintenance of structures like industrial, commercial, institutional, and residential low- and high-rise buildings.  Also civil engineering structures like bridges, roads, airport runways and taxiways, dams, drainage systems, earthworks, harbour works, and hydraulic works.

And included is the plant and equipment in these structures and the infra-structure.  Also the traffic, industrial, and slip and fall accidents that occur in and around these structures.

The big-data way can’t solve these problems because these problems in the built environment are not characterized by a gazillion amount of data.  There are a lot of data sometimes but not that much.  These problems are characterized by small amounts of data appropriate to the small-data way of an expert – who then applies his judgement to formulate an opinion as to cause.

Experts on the wane?  No, they’re not.  There will always be a need for experts as long as there are failures and accidents in the built environment.

References

  1. The Globe and Mail, Thursday April 11, 2013, page S8.  A relevant item, an obituary of a man, Martin B. Wilk, scientist, statistician, sage, who thought of statistics as a beautiful blend of science and art, bridging the gap between mathematical facts and human understanding.
  2. The Globe and Mail, March 6, 2013, page L10.  See ‘Experts on the wane?’
  3. Mayer-Schonberger, Victor and Cukier, Kenneth, Big Data: A Revolution That Will Transform How We Live, Work and Think, Houghton Mifflin Harcourt, New York, 2013.

Investigation of a fatal Bahamian aviation accident

(The following is one in a series of cases I have investigated that illustrate the different forensic engineering methods I use to investigate the cause of failures and accidents that result in civil litigation. 

This is a good case for illustrating how simple an engineering investigation can sometimes be, and how knowledge of the geology of an area can form the basis of informed comment.

The investigation of the fatal aviation accident is reported under the following main headings with several sub-headings:

  • The case (a description of the fatal aviation accident, the legal/technical issues, and my client)
  • Forensic engineering investigation of the failure and the methods used
  • Findings of the investigation (conclusions with respect to the technical issues)
  • Post mortem (resolution and lessons learned)

The case

Description of fatal aviation accident 

Ms. Jane Doe was killed when her plane crashed on take-off from an international airport on one of the family islands in the Bahamas.  The accident occurred near a runway where I had completed a geotechnical/foundation investigation prior to construction of the runway several years previously.

Legal/Technical Issues

The main issue was whether or not the propeller on the starboard side of the aircraft – the right side for landlubbers, could penetrate several inches into the ground at the crash scene, and this not occur on the port side – the left side.

Client

I was retained by a U.S. aviation accident reconstruction expert on the advice of the Public Works Department in Nassau, Bahamas and a law firm practicing in Nassau.  Both were involved in the case.  The Department was my client for the earlier geotechnical investigation.  The law firm knew of my work as a professional engineer in the Bahamas.

Forensic engineering investigation

My forensic engineering investigation and advisory services involved the following methods:

  1. Taking a telephone briefing on the aviation accident by the U.S. reconstruction expert
  2. Studying photographs of the crash scene e-mailed as attachments
  3. Reviewing my geotechnical/foundation investigation report for the runway design and construction
  4. Briefing the U.S. expert on the geological processes on the Bahamian island and the degree of probability that the propeller on the starboard side penetrated the ground where the port propeller did not

You will note that this forensic engineering investigation was a simple document review and my knowledge of the published geology of this particular Bahamian island.  An extremely simple investigation.  There would have been no advantage to me flying to the island and examining conditions at the crash site because these would have changed since the accident.

Conclusion

I was able to advise the U.S. aviation expert with considerable certainty the degree of probability that the propeller penetrated the ground several inches on the starboard side.  I’m not at liberty to state that degree of probability.

Resolution

The case may still be in litigation.

Lessons learned

  1. Do the most thorough and reliable engineering work possible every time because you never know how the data you collect will want to be used for a different purpose in the future.
  2. Worthwhile forensic engineering investigations of serious incidents, e.g., fatal aviation accidents, can be carried out at a distance based on a simple document review.  And sometimes that’s all that is possible, as in this case, because site conditions had changed since the accident.

 

 

Most influential business ethics blog; Chris MacDonald, Ph.D, Blogger

You might be interested in Chris MacDonald’s business ethics blog at www.businessethicsblog.com  Particularly if you are in one of the professions and practice in a business-like manner.

Chris is an educator, speaker, and consultant in business ethics.  He teaches in a school of management at a university in Toronto and is associated with another in the U.S.  He is co-editor of the Business Ethics Journal Review. http://businessethicsjournalreview.com/

Chris is a philosopher by training, a practical philosopher by inclination – this chap’s not stuffy by a long shot.  He’s seldom still.  An east coast guy that has done good and is influencing the business world in a big way.  And doing this in an area – business ethics, that is in desperate need of a good influence.

Philosophy means “love of wisdom”, from the ancient words philos (love) and Sophia (wisdom) (Ref. 1).  Think most of us in the professions are in that good place.

I met Chris when he taught a critical thinking course a few years ago at Saint Mary’s University in Halifax.  One of the best courses I’ve taken in my life by a good teacher, and a course that all professional engineers practicing forensic engineering should take.

Chris has twice been declared one of the “Top 100 thought leaders in trustworthy business behaviour”.  He has several times been named one of the “100 most influential people in business ethics”.

He has been blogging since November, 2005.  His blog is current, well designed, easy to navigate, and very readable – not cluttered and busy like so many.

He tells you about his blog much better than I could at his web address above.  I think a good, spirited summary of who he is and what he’s trying to do with links is at his page, ‘About’.  He warns you on this page that you will probably be irritated by his blog – but, I found, your thinking challenged in the process.

One of his recent postings lists five must-reads on business ethics at http://www.canadianbusiness.com/blogs-and-comment/5-business-ethics-must-reads/

I’ve been reading some of Chris’ material on ethics for several years now.  It’s well I should, considering that one-third of the content of a 140 page set of guidelines for forensic engineering practice – 46 pages, is on ‘ethics in forensic engineering’ (Ref. 2).  Another approximately one-third is on legal matters and business considerations.

One-fifth of another 200 page set of guidelines for forensic engineers is on legal matters and guidance for experts preparing for the civil litigation process (Ref. 3).  There is some emphasis on ethics in these guidelines too.

Also, I should read the business ethics blog if there’s anything to my comments on professional ethics and the tyranny of the bottom line, updated, a blog I posted October 11, 2012 (Ref. 4).

Those are enough reasons for a professional engineer to take an interest in Chris’ blog, as I have, but allow me one more reason.

Rule 55 in the Nova Scotia’s civil procedures rules is quite direct in informing experts that they are reporting to the court, and that they are to be objective – that’s all there is to it, with no qualifiers on objectivity.  And experts are to state the reliability of their opinions.  These charges to experts from the justice system are explicit and contain a clear ethical requirement.

It’s possible some of you might be interested in Chris’ blog.  I think he’s got something to say to all of us.

References

1. Mannion, James, Essentials of Philosophy, The Basic Concepts of the World’s Greatest Thinkers, Fall River Press, New York, 2002

2. Lewis, Gary L., Ed., ASCE (American Society of Civil Engineers), Guidelines for Forensic Engineering Practice, 2003

3. ASCE, Guidelines for Failure Investigation, 1989

4. Professional ethics and the tyranny of the bottom line. Updated.  Blog posted, October 11, 2012

 

 

 

 

 

 

Forensic engineering investigation of a fatal MVA. Update

(The following is one in a series of cases I have investigated that illustrate the different forensic engineering methods I use to investigate the cause of failures and accidents that result in civil litigation. 

The update is a very detailed, informative, easy to read – I think, description of the methods used to investigate the fatal motor vehicle accident (MVA).  The description reads a little like a story which I think makes for an interesting blog on a forensic engineering investigation – we engineers are not well known as rapt story tellers.

A briefer version of this case was published earlier with a list of the methods I used.  It’s a good case for illustrating how an engineering investigation sometimes unfolds, going, in a sense, from not knowing at the start about what to do to solve the problem to getting on with it, figuring it out, and solving it.

Original blog updated

The investigation of the fatal MVA is reported under the following main headings with several sub-headings:

  • The case (a description of the fatal MVA, the legal/technical issues, and my client)
  • Forensic engineering investigation of the failure and the methods used
  • Preliminary findings of the investigation
  • Post mortem (resolution and lessons learned)

The case

Description of fatal motor vehicle accident (MVA)

The accident occurred a few years ago on a remote, snow-covered highway along the top of a seaside cliff in eastern Canada.  A jeep-like vehicle travelling along the highway at dawn struck a pile of soil-like material left in the travel lane.  The driver lost control of the vehicle and drove over the cliff and into the sea.  The driver died in the accident.  Passengers in the vehicle survived.

Legal/Technical issues

At issue, for purposes of the forensic engineering investigation, was the following:

  1. Whether or not the pile of material on the highway was a hazard
  2. If it was, determine the degree or severity of the hazard
  3. Also, whether or not the pile of material caused the accident

Client

I was retained by the RCMP to investigate the accident and resolve the technical issues.

Forensic engineering investigation

Unique investigation

The investigation was unique in that there were no guidelines or well developed methods in the engineering literature on how to investigate this type of accident and address the technical issues.

Fortunately, in researching the literature, I did find some very relevant scientific research on speed bump design that I was able to adapt to my problem with excellent results.

My forensic engineering investigation relied on the following methods.  The methods are described below in detail.  I believe the following listing of methods is quite informative by itself:

  1. Take briefing on the accident from the RCMP
  2. Review documents on the accident provided by the RCMP including police reports and survivor’s statements
  3. Travel to the area and visually examine the scene of the accident
  4. Generate a picture of the accident scene using Photoshop as it might have been seen by the driver moments before the accident
  5. Research engineering literature for methods on the investigation of obstructions on a highway
  6. Research scientific literature on speed bump research and design
  7. Research transportation authorities in North America and Europe
  8. Design a full scale preliminary re-enactment of the accident on bare roads
  9. Plan a full scale re-enactment of the accident on a snow-covered test site implementing refinements to the re-enactment including safety measures derived from the preliminary testing
  10. Design a videotaping and measuring of the re-enactment
  11. Construct a full scale test site on an airport taxiway
  12. Re-enact and videotape the accident on the test site
  13. Analyse the videotape for evidence respecting the technical issues
  14. Edit the videotape to portray the re-enactment in a report
  15. Report on the preliminary findings including safety issues

Description of forensic engineering investigative methods for a fatal MVA

1. Take briefing on the accident from the RCMP

The RCMP’s briefing described the accident scene, the accident, and their staff’s assessment of the speed the jeep was travelling at the time it struck the pile of material on the highway.  The briefing was supported by photographs of the scene, the pile of material on the road, and the truck that deposited the material on the highway.  Survivor’s statements on the accident taken by the police were included in the supporting documents.     .

The RCMP wanted a forensic engineering investigation to determine what part, if any, the pile of material had in the fatal accident.  Very specifically, investigate the technical issues as noted above.

2. Review documents on the accident provided by the RCMP including police reports and survivor’s statements

Reviewing existing documents and examining photographs is a standard first step in the forensic engineeing investigative process.

The police reports were quite valuable in describing:

  • How the truck deposited the material on the highway,
  • The dimensions of the pile – the width of a traffic lane long, several feet wide and several inches high,
  • The range of speeds the vehicle was possibly travelling, and the most likely speed
  • The time of the accident
  • The snow-covered road conditions at the time, and
  • The lighting conditions (dawn).

I read the survivor’s statements but these did not yield any data relevant to the technical issues.

While reading the documents and afterwards I sort of brain-stormed the situation and jotted down all and sundry that came to mind.  It wasn’t long that I realized this was quite simply an obstacle on the highway.  I figured there would be lots of information in the engineering and scientific literature on how to investigate different obstacles on and near highways and their effect on vehicle travel.  I soon found out that I was wrong.

3. Travel to the area and visually examine the scene of the accident

This is also one of the standard, invaluable, initial steps in the engineering investigative process (see Ref. 1).

I drove to the scene of the accident and simply walked and looked at the part of the route travelled by the jeep.  I was struck by the straight alignment of the highway and the uninterrupted line of sight for several hundred metres in the approach to the scene of the accident.

Why wasn’t the pile of material seen by the jeep’s driver well enough in advance to stop, even on snow-covered roads?

4. Generate a picture of the accident scene using Photoshop as it might have been seen by the driver moments before the accident

I took photographs of the highway while on site.  There was snow on the ground in the area during my visit but not on the highway.

I had a photographer take one of the photographs and using Photoshop “colour in” the bare highway with “snow” to give it that snow-covered look existing at the time of the accident.  The photographer also added a feature to represent the pile of material on the highway.  The material was light in colour like snow or very light quartz sand.

The technique is called “cloning” in photography when a small element of colour is taken from one part of a photograph and added to another.  In this case many small elements of the white snow in my photograph were taken and placed on the bare highway to give it that snow-covered look.  Additional elements were taken to build a feature that looked like the pile of material struck by the vehicle.

The touched-up photograph was very realistic in portraying the snow-covered road with the almost invisible pile of light coloured material in the driver’s lane.  Invisible until just moments before the pile was struck by the jeep.

The pile of material was seen by the driver in those last moments as suggested by the angled tire tracks on the pile.  The tracks indicated the driver braked and skidded sideways on the snow-covered road just before the pile was driven over.

5. Research engineering literature for methods on the investigation of obstructions on a highway

I had a technical library research the literature in North America and overseas for methods of investigating obstructions on highways and the effects of these on drivers.  Nothing specific was found but we did come across a reference to research on speed bump design.

I had that Eureka..!! moment when I realized that a pile of material several inches high on a highway was a “speed bump”.

6. Research scientific literature on speed bump research and design

I went back to the technical library and searched the literature on speed bump research and design in Canada, the U.S., England, and Australia.  I struck gold.  I found original research papers on work carried out in California.  One paper was quite detailed in describing the precise layout of a test site.  An objective of the research was the evaluation of the effects of different configurations and heights of speed bump on the control of vehicles travelling at different speeds.

This was precisely my situation: The effect of a speed-bump-like pile of material on the control of a vehicle on a highway.  I had my forensic engineering investigative method.

7. Research transportation authorities in North America and Europe

I was asked to evaluate the severity of the pile of material as a hazard – if it was found to be such.

I went back to researching the scientific literature, particularly the various transportation authorities and agencies for information on assessing the severity of hazards on our highways.  Groups like these set the standards for our highways.  I found reference to “severity indexes”.

I did not pursue this research because, as you are certain to appreciate, I was starting other tasks in the engineering investigation, particularly planning, design and construction of a “speed bump” test site.

As you will see in the following, I did not need a severity index classification system to tell the RCMP that the pile of material involved in the accident was a hazard and a severe one.

8. Design a full scale preliminary re-enactment of the accident on bare roads

I decided to carry out a full scale re-enactment of the accident, initially on bare roads in the interests of safety.  I wanted to learn how the vehicle would behave on bare roads and use the data to refine the design before planning to carry out similar tests on more dangerous snow-covered roads.

A full scale field test that simulates conditions during an accident – a re-enactment, is simple, practical, visual, and the results are easy to understand/see by non-technical people.

My design consisted of a simple modification of the speed bump research sites that I found in the literature.  The modification included the dimensions of the pile of material and the highway lane width at the accident site.  It was a fairly simple design to think through and portray in a drawing to guide construction.

The design consisted of the lane of a “highway” with the pile of material and its dimensions shown on the drawing part way along the lane.

The area of the lane beyond the down-highway end of the pile of material was marked off in one foot graduations across the lane.  Like a large ruler on the lane.

Similar graduations were marked off on a large sheet of plywood but at six inch intervals.  This was to form a vertical ruler set off to the side of the lane opposite the pile of material.

The test lane was about 400 feet long with the pile of material near the middle.  The lane was made the same width as at the accident site.  The pile was cone-shaped in section along the lane.  It extended across the lane and about 10 feet along the lane.  The pile was about 15 inches high.

The re-enactment would involve driving the jeep-like vehicle down the lane at different speeds and over the pile of material.  It was expected the jeep would be airborne after hitting the pile of material, as found during the speed bump research.  The rulers would measure how high and how far the jeep travelled airborne before landing back on the lane.  It was expected that the height and distance would vary depending on the speed.

9. Plan a full scale re-enactment of the accident on a snow covered test site implementing refinements to the re-enactment including safety measures derived from the preliminary testing

This was the plan – taking full scale testing in stages – first on a bare road then on a snow-covered road, and learning as we progressed.  But testing wasn’t carried out on a snow-covered site for a very good reason as explained below.

10. Design a videotaping and measuring of the re-enactment

It was decided to film the field tests to get a record of the jeep’s behaviour as it drove down the test lane and over the pile of material.  The filming would also record the measured height and distance the vehicle would be airborne during the test.

A camerman would be stationed opposite the pile of material to record the height and the distance the jeep travelled airborne.  Another was to be positioned in the bucket of a boom truck down the lane and approximately 50 feet above the lane to film a birds-eye view of the travel of the vehicle as it drove over the pile of material and on down the lane.  A third was to ride in the jeep with the driver to record the behaviour of the vehicle as experienced by the driver.

Finally, a camerman was to fly over the test site in a helicopter to record the layout of the test site.  The camerman would also film the vehicle stationary on the pile of material at the angle suggested by the tracks in the pile at the accident site.  The RCMP provided the helicopter.

11. Construct a full scale test site on an airport taxiway

A full scale test site was constructed on an airport taxiway according to the design and dimensions described above.  Permission to use the taxiway was arranged by the RCMP.

12. Re-enact and videotape the accident on the test site

Tests were carried out and filmed driving the vehicle over the pile of material at speeds of 20 km/hr initially and then at 30 km/hr.  The jeep was driven across the pile at right angles instead of at an angle as thought to have occurred during the accident. 

Tests were planned at higher speeds including the 50 km/hr travelled by the vehicle during the accident as concluded by the RCMP.  These tests were postponed because they would have been too dangerous without safety provisions for the driver.

I drove the vehicle during the tests.  I was struck by the erratic behaviour of the jeep on driving over the pile of material at 30 km/hr and the measure of difficulty controlling the jeep to avoid hitting the boom truck down lane. 

13. Analyse the videotape for evidence respecting the technical issues

It was enough experiencing the erratic and dangerous behaviour of the jeep during the test at 30 km/hr on bare highway, and viewing this on film, to conclude that the pile of material was a hazard on a snow-covered highway at 50 km/hr.  This resolved Technical issue #1 above.

There was insufficient information to assess the severity of the risk except to suspect it was high by whatever standard of evaluation was used.  Technical issue #2.

There was insufficient information to conclude if the pile of material caused the fatal MVA.  Technical issue #3.

14. Edit the videotape to portray the re-enactment in a report

There was approximately 30 minutes of film recorded by the three cameramen during the testing in this case.  This was edited to approximately 4 minutes for each camera and transferred to a DVD with voice overlay describing what was being viewed in each of three windows.  The DVD accompanied a report on the testing.

15. Report on the preliminary findings including safety issues

A report was prepared on the testing generally as outlined above.  The report basically concluded that it was too dangerous to continue the testing without safety precaustions for the driver. 

The report was presented to the RCMP and reviewed in a meeting.  The RCMP stopped the testing all together stating, “You’ve told us all we need to know”.  Presumably, the testing addressed all the technical issues to the satisfaction of the client.

Cause

The RCMP indicated, by stopping the forensic engineering investigation at the conclusion of an abbreviated preliminary stage, that the technical issues had been resolved and that they knew the cause of the fatal MVA.

Post mortem

The matter was settled out of court.

Lessons learned

1. The importance of researching the scientific and engineering literature.  It’s easy today and there’s lots out there.

2. Full scale field tests are practical, and the results are easy to see and understand by non-technical people.

3. Professional cameramen should be retained to film all field testing, particularly cases where movement is involved.

4. The value of generating a picture of the scene of an accident or an engineering failure at the time of the incident using programs like Photoshop.

References

1. “Technical” visual site assessments: Valuable, low cost, forensic engineering method.  My blog posted on this site, September 4, 2012

The role of a professional engineer assisting counsel during Alternate Dispute Resolution (ADR). Update

(This is an update of an item I posted in November, 2012 – see Ref. 11 below, as part of a series on the role of a professional engineer assisting counsel in civil litigationsee Bibliography below.

The update consists of three case histories of forensic engineering investigations that provided evidence relied on in Alternate Dispute Resolution.  The case histories are in italics)

Original article updated with three case histories

Alternate dispute resolution, ADR, refers to resolving disputes in ways other than going to court.

The role of professional engineers in ADR is to provide technical data, conclusions and opinions as to the cause of engineering failures, industrial, traffic and aviation accidents, and slips, trips and falls.  This type of information contributes to intelligent decisions as a basis for the resolution of disputes with technical issues.

This blog, one of a series, lists the tasks – itemized below, of a professional engineer’s role in ADR

In some areas, over 90% of lawsuits involving the built environment settle before going to trial, and this is often facilitated with evidence from forensic engineering investigations.

ADR can be carried out at any stage in civil litigation – even before an action is filed.  Once an action is commenced, ADR can still occur at any point but is mainly used after document production and discoveries have taken place.  At that point, each party is more fully aware of the other side’s case.  Each party has more information to assess the merits of the case, the strengths and weaknesses for both parties, and the likely outcome if proceeding through to trial. As such, ADR becomes relevant as the parties know better where each side stands.

There are three commonly used methods of ADR.  Other forms of alternate dispute resolution are used but the following are particularly relevant to civil litigation.

  • Negotiation
  • Mediation
  • Arbitration

All forms of ADR rely on a presentation of facts, and resolution based in part on a consideration of the facts.

A professional engineer’s services are generally the same regardless of the ADR method selected by the client.

  1. Review and examine all technical documentation, electronic data, physical evidence, tangible exhibits, demonstrative evidence, and transcripts of proceedings on the case
  2. Visit and briefly re-examine the site
  3. Review and confirm the forensic engineering investigations carried out by the different parties to the dispute, the data and technical evidence gathered, the analyses and reasoning, the findings, the technical facts, the conclusions, and the opinions formed on the cause of the engineering failure, poor structural performance, or personal injury/fatal accident
  4. Review estimated costs to repair the damaged structure
  5. Review the claims and the technical strengths and weaknesses of each party to the dispute, including counter claims and cross claims
  6. Review the technical facts given in support of each party’s position and the technical evidence supporting the facts
  7. Confer with counsel about their clear understanding of the technical evidence from the forensic engineering investigation, the technical facts supported by the evidence, and the technical issues on which the claim, defence, and counter claims are based
  8. Prepare to testify as an expert witness if required
  9. Provide the hearing with technical data and information to facilitate an understanding of the technical issues
  10. Interpret and explain technical issues to a mediator or arbitrator
  11. Serve as a mediator or arbitrator if the dispute has technical issues
  12. Assist counsel in assessing technical elements in offers made by different parties to facilitate settlement

Negotiation

In negotiation, participation is voluntary and there is usually no third party who facilitates the process or suggests a solution.

If an individual or a firm has a disagreement with another they may get together to discuss the problem and reach a mutual agreement.  This way the parties can work out a solution that best meets the needs and interests of all parties.

In some cases individual parties may also prefer to hire a lawyer or a counselor who has the expertise to help a firm to negotiate or who can negotiate on behalf of the firm.

Mediation

In mediation, there is a trained, neutral third party, a mediator, who facilitates the resolution process (and may even suggest a solution) but does not impose a solution on the parties, unlike judges.  Mediation often leads to resolutions that are tailored to the needs of all parties.  The process is informal and completely confidential.  As a result parties may speak more openly than in court.

Case #1: Oil tank failure: An example of a dispute that was resolved in mediation would be a residential fuel oil tank falling into an excavation for a basement and spilling fuel oil onto the ground.  The homeowner and their insurance company send letters to the excavating company stating they were responsible for the incident and asking the company to pay for the clean-up of the contaminated ground.  The company does not agree and a mediation is scheduled. 

      Counsel for the homeowner retained the author who reviewed documentation on the case, including photographs, applied very basic soil mechanics principles – one of the sciences that underlies foundation engineering, to the field situation and explained in a report why the tank fell into the excavation.  Agreement was subsequently reached in the mediation.

Arbitration

In arbitration, participation is typically voluntary, and there is a third party who, as a private judge, imposes a resolution.  At an arbitration hearing, a party to a dispute may have a representative speak on their behalf.

Arbitration may occur when parties have a dispute that they cannot resolve themselves and agree to refer the matter to arbitrators.  Arbitration can also occur because parties to contracts agree that any future dispute concerning an agreement will be resolved by arbitration.

Arbitrators are often people who are experts in a specific area of the law or a particular industry, for example, engineering.

The arbitrator makes a decision based on the facts, any contracts between the parties in dispute, and the applicable laws.  The arbitrator will explain how the decision was reached.

If the applicable law allows, parties can decide in advance whether the arbitrator’s decision will be final and binding or whether it can be submitted to a court for review if a party disagrees with the decision.

Case #2: Foundation failure The author was retained well before civil litigation was begun to investigate the cause of cracks in the concrete block walls of a food processing facility in an industrial park.  The cracks continued to appear 10 years after construction of the facility. 

      Engineering investigation involved surveying the location and size of the cracks, precise elevation surveys, researching earthworks construction during development of the park, and a geotechnical investigation of the foundation soil conditions. 

      Analysis of the data concluded that the cracks were caused by foundation settlement in a poorly constructed fill.  The fill was grouted to increase its rigidity and stop the settlement.  The several parties involved in the action settled a multimillion dollar claim out of court.

Case #3: Bridge failure Another case that began early in the litigation process required the author to investigate the cause of a 22 foot span soil-steel bridge to fail.  The bridge – a large, corrugated steel culvert, carried a residential road over a stream.  A large hole formed in the road above the bridge when it collapsed injuring the driver of a car when they drove into the hole.

      The collapsed bridge was disposed of and a new bridge constructed before the author examined the site, making the investigation more difficult.  Several follow-up investigations were carried out.  The following were particularly valuable: Study of photographs taken on the day the bridge failed, examination of other steel culverts in the immediate area, a topographic survey of the site, and review of the documented modes of failure of these types of bridges. 

      Analysis of the data concluded that the bridge failed because of corrosion of the haunches of the steel culvert and inadequate inlet protection.  The parties involved in the civil litigation settled without going to trial.

Biliography

  1. What is forensic engineering?, published, November 20, 2012
  2. Writing forensic engineering reports, published, November 6, 2012
  3. Steps in the civil litigation process, published, August 28, 2012
  4. Steps in the forensic engineering investigative process, published October 26, 2012
  5. The role of a professional engineer in counsel’s decision to take a case, published June 26, 2012
  6. The role of a professional engineer assisting counsel prepare a Notice of Claim, published July 26, 2012
  7. The role of a professional engineer assisting counsel prepare a Statement of Claim, published September 11, 2012
  8. The role of a professional engineer assisting counsel prepare a Statement of Defence, published September 26, 2012
  9. The role of a professional engineer assisting counsel prepare an Affidavit of Documents, published October 4, 2012
  10. The role of a professional engineer assisting counsel during Discovery, published October 16, 2012
  11. The role of a professional engineer assisting counsel during Alternate Dispute Resolutionn (ADR), published November 16, 2012
  12. The role of a professional engineer assisting counsel prepare for a Settlement Conference, published November 29, 2012
  13. The role of a professional engineer assisting counsel prepare for a Trial Date Assignment Conference, published December 12, 2012
  14. The role of a professional engineer assisting counsel prepare for Trial, published, December 19, 2012
  15. Built Expressions, Vol. 1, Issue 12, December 2012, Argus Media PVT Ltd., Bangalore, E: info@builtexpressions.com, info@argusmediaindia.com

 

 

Forensic engineering investigation of a fatal MVA

(The following is one in a series of cases I have investigated that illustrate the different forensic engineering methods I use to investigate the cause of failures and accidents that result in civil litigation.  The methods are listed in this blog and described in some detail in a future posting)

The investigation of the fatal motor vehicle accident (MVA) is reported under the following main headings with several sub-headings:

  • The case (a description of the fatal MVA, the legal/technical issues, and my client)
  • Forensic engineering investigation of the failure and the methods used
  • Preliminary findings of the investigation
  • Post mortem (resolution and lessons learned)

The case

Description of fatal motor vehicle accident (MVA)

The accident occurred a few years ago on a remote, snow-covered highway along the top of a seaside cliff in eastern Canada.  A jeep-like vehicle travelling along the highway at dawn struck a pile of soil-like material left in the travel lane.  The driver lost control of the vehicle and drove over the cliff and into the sea.  The driver died in the accident.  Passengers in the vehicle survived.

Legal/Technical issues

At issue, for purposes of the forensic engineering investigation, was the following:

  • Whether or not the pile of material on the highway was a hazard
  • If it was, determine the degree or severity of the hazard
  • Also, whether or not the pile of material caused the accident

Client

I was retained by the RCMP to investigate the accident and resolve the technical issues.

Forensic engineering investigation

There were no guidelines or well developed methods in the engineering literature on how to investigate this type of accident and resolve the technical issues.  The investigation was unique in this respect.

Fortunately, in researching the literature, I did find some very relevant scientific research that I was able to adapt to my problem with excellent results.

My forensic engineering investigation relied on the following methods.  The methods will be described in some detail in a future posting.  I believe the following listing of methods is quite informative by itself:

  1. Take briefing on the accident from RCMP
  2. Review documents on the accident provided by the RCMP including police reports and survivor’s statements
  3. Travel to the area and visually examine the scene of the accident
  4. Generate a picture of the accident scene using Photoshop as it might have been seen by the driver moments before the accident
  5. Research engineering literature for methods on the investigation of obstructions on a highway
  6. Research scientific literature on speed bump research and design
  7. Research transportation authorities in North America and Europe
  8. Design a full scale preliminary re-enactment of the accident on bare roads
  9. Plan a full scale re-enactment of the accident on a snow covered test site implementing refinements to the re-enactment including safety measures derived from the preliminary testing
  10. Design a videotaping and measuring of the re-enactment
  11. Construct a re-enactment site on an airport taxiway
  12. Re-enact and videotape the accident on the test site
  13. Analyse the videotape for evidence respecting the technical issues
  14. Edit the videotape to portray the re-enactment in a report
  15. Report on the preliminary findings including safety issues

Description of methods of forensic engineering investigation

(The methods will be described in some detail in a future blog posting)

Cause

(The findings of the investigation will be reported in a future posting)

Post mortem

The matter was settled out of court.

(Lessons learned from the investigation will be shared in the future blog posting)

References

1. “Technical” visual site assessments: Valuable, low cost, forensic engineering method.  My blog posted on this site, September 4, 2012