Forensic Engineering

Forensic Engineering

   Forensic engineering is a multi-disciplinary process for investigating and reporting the cause of engineering problems which may have legal ramifications. The process is founded on the scientific method which is fundamental to the solution of most engineering predicaments whether they are related to civil, structural, mining, mechanical, metallurgical, materials, industrial, chemical, or other engineering fields.

  Each forensic engineering case has the potential of becoming the subject of an ADR (alternate dispute resolution) or lawsuit. The forensic engineer must thus demonstrate a high standard of care with the examination of the scene, collection of the available evidentiary data, and the interpretation and assessment of all the information. Often, when quantum is in dispute, the forensic engineer conducts or directs appraisals, and costs out scopes of work.

   The end result of the investigative and assessment process is an analytical report which must deal with the facts and assumptions, provide a detailed analysis, and come to a conclusion that expresses the forensic engineer's opinion about cause of the casualty event.

   At trial the role of the forensic engineer is to explain the technical evidence so as to assist the trier of fact in determining the truth. The forensic engineer must thus be well versed in the rules of evidence and skilled in presenting testimony in court.

   When the anticipated cost of a particular case is large, the forensic engineer often functions as the leader or technical coordinator of an investigative team. This team generally includes engineers having the breadth of specific knowledge and expertise necessary for the investigation, insurance representatives, lawyers, accountants, and representatives of the contractor and owner.

   Under such circumstances, the forensic engineer translates and explains the legal requirements to engineers not familiar with the legal system, and also translates and explains the engineering language and concepts to counsel and other members of the team.

   The techniques of investigation, and the methods of expressing the final opinions, are the same for accident reconstruction, failure analysis, fire investigation, structural failures, plant audit, plant assessment, environmental assessment, personal injuries, and human factors, as well as other subjects of forensic engineering.

   In general, the relationship of the engineering assessment to the legal requirement is also the same across a spectrum of cases.