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Private Human Factors Experts – Cost/Benefit Analysis, Finding Experts and Daubert Challenges

A central issue which arises in pedestrian accidents is why the pedestrian did not visualize the vehicle which struck him prior to the impact occurring or did not see the dangerous condition causing the fall. Very often the answer to this question can be found in the area of human factors. Also known as ergonomics, human factors is “… the scientific discipline concerned with the understanding of interactions among humans and other elements of a system, and the profession that applies theory, principles, data and methods to design in order to optimize human well-being and overall system performance.” See, International Economics Association, “What is Ergonomics.” www.iea.cc. As a practical matter, human factors is often used in litigation to explain why pedestrians and/or vehicles did not identify the conditions which caused the pedestrian to be injured. Likewise, human factors is also used in trip and fall cases to explain why a pedestrian did not observe the defect in a sidewalk or the other conditions which resulted in his or her fall. Such experts can be extremely helpful, but must be used only when the case value justifies the expenditure.

If an attorney is faced with a client who suffered severe injuries, but whose conduct is in question, a human factors expert can often prove an indispensable part of the attorney’s litigation strategy. If an attorney has a case of this nature, he or she is best served by identifying the need for human factors expert early in the case prior to conducting of extensive discovery. Often human factors experts can provide the attorney with areas of inquiry during the depositions that will assist human factors expert in establishing that the accident was not the fault pedestrian, but was the responsibility of the driver. Likewise, a human factors expert in a sidewalk case can explain why an individual may not readily visualize a defect and why a limited defect may still disrupt the individuals walking to such a degree that it causes them to fall. Even if an attorney does not initially identify the need for a human factors expert in the case, such experts can still serve a purpose in providing logical explanations related to why a subject incident could not be avoided. Accordingly, an attorney should not hesitate involving human factors experts in a case whenever the case has sufficient value to justify this expenditure and the plaintiff’s conduct related to the pedestrian incident is at issue.

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I was in a head-on collision last year that put me in a wheelchair with a fractured femur. I needed an attorney and my cousin recommended this firm because he had used Briant Mildenhall for his accident. I was glad I called Briant because he always did what he said he would do and kept me informed. We settled with the insurance company and I'm happy with the result. If someone I know needs an attorney, I will tell them to call Briant because he will get the job done. Michael G.
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After a head–on collision I had extremely serious injuries to my back and neck, and some internal injuries. I was airlifted to the hospital and started a huge amount of medical expenses accumulating. I hired a lawyer recommended by a friend but I was not satisfied. My cousin told me about this firm so I talked to Briant Mildenhall about handling the case. I was at ease from the get–go. Briant kept me informed all the way through, was always reassuring and did everything he said he would do. He helped us get the money we needed to get the treatment we needed. Briant was fantastic! Ronda W. (Car Accident)
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After my car accident, I was looking for an attorney and came across the name Katz Personal Injury Lawyers. My intuition told me to call. I called in and Briant Mildenhall talked to me. He was very clear and honest about my options. As the case went forward, Briant and the staff at the law office always answered my questions right away. I was very confident in Briant's legal ability. He kept me informed every step of the way. I would recommend Mr. Mildenhall and the firm to anyone who needs an attorney. Antonio J. (Car Accident)
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I am 100% satisfied. I called Rob the day after the accident. Everything he said that would happen did, every step of the way. He went beyond what we needed him to do. I would definitely use him again and recommend him to anyone who needs a lawyer. Steve H.
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Robert Katz isn't your average personal injury lawyer. He has specialized knowledge and experience that the others don't. Timothy W. (Trucking Accident)
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