Forensic Engineers – Here’s the Low Down on What We Do….

Several years ago, I was on the witness stand explaining to a jury how a filthy, clogged flue passage (think exhaust port) in a residential heating oil- burning boiler ultimately caused carbon monoxide to escape into the house and kill the owner and only resident. Further, the company who supplied the oil and was contracted to clean and maintain the boiler on a yearly basis had neglected to go through the trouble of taking the top cover off the boiler and clean out the flue passages for years.

The jury couldn’t get enough. Their eyes followed every move; heads nodded with every point made.

I only wished, and still sort of hope, the effort not only helped them solve the mystery, but also helped to save at least one person from realizing a similar fate.

That’s what forensic engineering is all about- science, experience, ability to teach concepts, communication skills, and a little bit of “CSI”.

Discussing the Truth – and the Science – with the Jury… Job of the Forensic Engineer

What the Role Actually Entails

An engineering expert witness is brought in by plaintiff, defense, or sometimes even the court directly,  to provide unbiased, engineering-based opinions on matters that require specialized knowledge. Cases may include:

• Construction defects and delays
• Product liability and failure analysis
• Personal injury from machinery, property, you name
• Vehicle accident reconstruction
• Catastrophic events (chemical plant explosions, building collapses, hurricanes)

You don’t say who’s right or wrong- you explain the science behind and/or causing what happened. The role is to help the trier of fact (judge or jury) understand what happened, why it happened, who did what, and whether codes and standards were followed.

The Prerequisites

Not every engineer can do this work.

It takes special experience and capabilities:

• Credible credentials – Usually a Professional Engineering (PE) license, years of hands-on experience, and leadership in the field.
• Impeccable integrity – Attorneys will potentially dissect any work you’ve ever done. Even looking biased can destroy your word.
• Communication superpowers – You have to simplify and teach, without condescending or confusing. Juries don’t always follow conservation of momentum equations unless you describe two billiard balls colliding on the pool table.

The Process, Step by Step 

• Retention – An attorney calls. You look at the case and determine if you are qualified on the subject and can analyze in an unbiased manner.
• Document review – Hundreds of pages of plans, contracts, photos, written statements, deposition transcripts, etc.
• Site inspection / testing – Sometimes you’re crawling through dirt under a house, or car wreckage- with a camera and tape measure.
• Expert report – The crux of your work. It has to be dialed, but concise. All points must be fully supported. Everything you write can be scrutinized and torn apart by attorneys.
• Deposition – 2 to 8 hours of being grilled, under oath, sometimes on camera, always transcribed by a court reporter.
• Trial testimony – doesn’t always happen due to cases settling before-hand. Direct exam is a soft ball. Cross-exam feels like a bullet.

The Hidden Rewards

Engineers who try it and can’t “put it down”, do so for several reasons:

 Intellectual variety – Every case is a mystery that requires cunning, deep thought, matching evidence to science, testing hypotheses… all in an area you you thought you knew cold. Often, new learning or brushing up is in order.

• Real-world impact – Your findings could prevent the next calamity, make for better systems, and ensure fair compensation for injured parties. However, there isn’t currently a direct path from courtroom to improvement of design, construction, and industry activity.
• Professional growth – You become much more skilled with communication, and better with forethought in typical engineering engagements.

The pay is also not too shabby — normally $250–$500 per hour depending on discipline and geographical area. Engineers who make it the long haul in this area do so because they love the courtroom as much as the jobsite.

A Few Hard-Fast Tips

• Be honest, even when it hurts the side that hired you. Credibility, dignity, and ethics cannot be compromised. Just let your client know when possible that certain conclusions you will provide if asked could be detrimental to them.
• Don’t rely on pre-thinking every question you may be asked on the stand. You’ll never guess them all. Instead, be honest, and know your subject hands-down.
• Use facts and not opinions whenever possible.
• Keep your resume, or CV for Curriculum Vitae, as it’s called in the legal world, current.
• Work with ethical attorneys who will never pressure you to even stretch the truth. You don’t want to be associated with that type anyway.

Being an engineering expert witness isn’t appealing to everybody. It’s stressful, time-consuming, and sometimes frustrating because attacks will come from opposing attorneys. But for those who thrive on science, truth, and explaining what may otherwise seem unexplainable, it can be an extremely satisfying sector of  the technical world.

If you’re a licensed PE with extensive experience and knowledge and you’ve ever wondered whether you could help the court provide fair outcomes, look into this world.  You might find a new rewarding part of being an engineer.

What about you? Have you ever considered this role? I’d love to hear your thoughts in the comments.