Ethical Considerations for the Forensic Engineer Serving as an Expert Witness

Abstract

The forensic engineer deals with the engineering aspects of legal problems. Activities associated with forensic engineering include analyses of the physical causes of accidents and failures, preparation of written reports, and presentation of testimony in legal proceedings. The intent of forensic engineering is to provide a rational explanation for the technical or procedural causes of a failure or accident. The forensic engineer's testimony as an expert witness may influence decisions regarding responsibility for the accident or failure. The expert witness may be required to testify regarding negligent actions of professional peers. On the other hand, he or she may work to defend professional peers against claims involving unrealistic expectations. Forensic engineering is a broad field, encompassing many specialized engineering investigations including traffic accidents, foundation failures, fire investigation, structural failures, airline accidents, and product liability claims. Accident reconstruction is a large part of the work of the forensic engineer. This paper, however, will focus on the role of the engineer as an expert witness, interpreting the results of an engineering investigation in the dispute settlement arena. Once the court has confirmed recognition on the forensic engineer as an expert witness, opinions and conclusions expressed by the expert are admissible as evidence. Opinions of other witnesses not so recognized are not admissible as evidence. Thus, the expert witness is granted a higher level of assumed credibility than that afforded to lay witnesses who may testify only to matters of fact.