Stewart Eisenberg’s article, “Assembling the Requisite Crashworthiness Liability Experts” was featured in The Philadelphia Trial Lawyer’s newsletter, The Verdict. In the article Mr. Eisenberg discussed the importance in selecting the correct experts when preparing a crashworthiness case.
"These experts opine and testify regarding (1) the specific circumstances of the accident, (2) the design and manufacture of the subject vehicle and competent parts, and (3) whether an alternative design, feasible at the time the defective vehicle or competent part was manufactured, would have prevented or mitigated the client’s catastrophic injuries."
Mr. Eisenberg used his extensive experience in trying crashworthiness cases to specifically discuss the following experts and what they can do for your case.
Accident Reconstructionists
Will inspect the vehicle, the scene of the accident, and examine police reports and witness testimony to recreate the accident. They are usually mechanical/civil engineers or former police officers and could be the most important expert because the majority of other experts will rely on their findings.
Biomechanical Engineers
Will use the concepts of mechanics to explain what the force of the crash had on the driver and occupants. They then use the information to accurately connect the defective vehicle component with the injuries sustained by the occupants. Finally they will also test the alternative design of the defect expert.
Defect Experts
Engineers with first hand industry experience that specialize in a particular automotive discipline. They will identify or test for defects in the subject vehicle and testify if an alternative design would have prevented the crash.
NHTSA Experts
Former staff members or attorneys of NHTSA will testify at trial that the organization is severely understaffed and unable to accurately and completely monitor all the vehicles on the road for safety. Jurors must understand and appreciate the job NHTSA employees attempt to do with vehicle safety.
