Expert Witnesses in Boating and Maritime Injury Cases

Waterborne accidents can result in very complex boating and maritime injury cases. Determining the cause of an accident and identifying the responsible party can be difficult given that circumstances change very rapidly on the water. Evidence can sink or be destroyed by the water and vessels drift from the position of the accident, altering distances and relationships between a vessel and other objects. These are factors that don’t exist in car accident cases. When cars crash, they typically stay put and evidence doesn’t just float away.

Because of the complexity of accidents on the water, testimony of victims, defendants and other people involved are rarely enough to win a case and recover damages for the injury victims. People involved in an accident usually are not experts and their testimony of events is subject to interpretation based on their perspective, agenda and limited knowledge of subject areas.

A significant component of successful boating and maritime injury cases is the testimony of expert witnesses. Expert witnesses are individuals with specialized knowledge, training and experience who can help collect analyze and interpret evidence in an injury case. Testimony from expert witnesses helps explain to a jury what most likely happened to cause the accident and who is most likely at fault for those events.

Types of Experts that May Provide Testimony in Boating and Maritime Injury Cases

Below are examples of types of experts commonly used in boating and maritime injury cases to prove that the defendant is liable for the victim’s injuries.

• Marine Surveyor — Inspects and reports on the condition of marine vessels; useful in determining whether a vessel was properly maintained and equipped and whether it was compliant with laws and regulations at the time of the accident

• Forensic Examiner — Collects data from an accident and interprets the data to determine what happened; useful for establishing facts and verifying or refuting testimony of non-expert witnesses

• Fire and Explosion Investigator — Useful for determining what caused a shipboard fire or explosion

• Forensic Engineer — Investigates materials, products, structures and components that fail or did not work as intended; useful in determining cause of failures that resulted in injuries or deaths, such as when a ship sinks unexpectedly

• Marine Safety Consultant — Helpful in determining whether safety regulations and protocols were met on a vessel, whether proper safety equipment was on board and whether failure to follow regulations or protocols or absence of equipment contributed to the accident and injuries

• Marine Engineer — These naval officers are responsible for operation and maintenance of a vessel’s engines; they can testify to whether a ship’s engines were properly maintained and operated when the engine’s performance is linked to injuries

• Ship/Boat Design Expert — Able to testify as to whether a vessel’s design was flawed and whether the flaw was a result of negligence

• Material Failures Specialist — Helpful in determining the cause of material failure, such as tearing or puncture of a ship’s hull in conditions when it should not have torn or punctured; and also able to testify as to whether the failure was the result of negligence and, if so, who is responsible

• Metallurgist — a scientist who studies the properties and capacities of metal; can testify as to whether the metal used for components or equipment of a vessel met required standards or contained a defect

• Psychologist — Examines individuals involved in an accident to determine their state of mind at the time of the accident and to verify the psychological damages suffered by the victims

• Physician — Examines and treats injury victims and can testify to the extent and severity of injuries, duration and cost of treatment, and the impact injuries are likely to have on a victim’s lifestyle and ability to work

• Meteorologist — Records and studies weather patterns; helpful in verifying what weather conditions existed at the time of the accident and determining whether they may have contributed to the accident

• Rescue Personnel  — Able to testify as to medical condition of a victim immediately after the accident and the conditions under which the victim was found or rescued; useful in determining how injuries were incurred and identifying factors that indicate who is responsible

Not all of these experts are needed in any one marine or boating injury case. Each expert has particular areas in which they specialize and are only able to offer useful testimony on evidence in their particular realm of expertise. A fire and explosion expert, for example, is not needed in cases that don’t involve fire or explosion. A meteorologist is not needed if both sides stipulate that weather was not a factor.

A simple boating accident with few participants and one injury victim may only require two or three experts. However, a complex maritime case involving multiple victims, entire ship crews and/or a sinking vessel could require five, 10 or even more experts depending on the amount of evidence and the facts in dispute.

Finding the Expert Witnesses to Succeed in Your Boating or Maritime Injury Claim

When you’re suffering from a boating or maritime injury and need compensation for the costs and pains you experience, getting the right experts to testify on your behalf is critical. Working with a law firm who doesn’t have the resources to secure the best and most appropriate experts can jeopardize your claim.

In Michigan, the personal injury firm of Sachs Waldman, P.C., maintains an extensive network of experts specializing in accidents, maritime forensics, engineering and all other facets that may be involved in your injury case. And we have the resources to secure the best experts on your behalf. If you’ve been injured in a boating or maritime incident, call our Detroit personal injury attorneys’ office at 1-800-638-6722to schedule a free consultation.