Providing expert testimony in Courts


Since the accident investigation report is addressed to the Court, it can represent the Expert's evidence in chief and there is no need for the expert to be called to give evidence.


However, when the Court requires assistance in order to understand the report and what it implies, the expert is then called. He may also be called in those circumstances where more than one expert is involved and where there is a difference of opinion between them.


Where more than one expert is involved, the Court often orders the experts to confer and prepare a joint report setting out their areas of agreement and disagreement.


An expert is a special witness who is allowed to express opinions. However, such opinions have to be based on the forensic analysis of physical evidence and not on what other witnesses say they saw or claim they did. The expert is not allowed to express an opinion as to what any party to the accident should or should not have done. Such matters are for the Court to determine.