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Expert is a transportation and traffic engineering expert and has served as a litigation consultant since 1997. Because of expert’s 50 years of expertise, he is frequently consulted at the initial stages of a potential litigation for impartial input that can make the crucial difference between success and failure. As a transportation and traffic expert he is able to assess the technical merits of a case and advise the client if the action is worth pursuing.

Expert has the background and experience that makes him ideally suited to contribute important information at every stage in the litigation process. He has the ability to explain complex issues in layman terms, suggest strategies, investigate and uncover facts, perform literature reviews, research, and prepare safety evaluations.

He provides a comprehensive range of expert services in transportation and traffic engineering. Typical services include: Depositions and courtroom testimony, Accident and safety analysis, evaluation and study report, Industry and government rules, regulations, guidelines, controls, policies, procedures and standards, Pedestrian/passenger injuries and fatalities (trains, buses, ferries, bicycles, walkways, roadways and terminals), Americans with Disabilities Act, OSHA and FELA, Employee training and supervision (job duties, rules and regulations), Accessibility and safety for people with special needs, Subway, commuter rail, light rail and bus accident investigations and analysis, Platform falls, gaps, door incidents and on-between-off train falls, Vehicle investigation (speed, time, braking and distance), Railroad-highway grade crossings and pedestrian-roadway crossings, Slips, trips, missteps and falls (walkways, ramps, stairs, escalators and heights), Human factors in pedestrian and vehicle interactions (perception-response and fatigue), Vehicle operator human errors, mishaps, environmental issues, lighting and training, Bus stops, shelters and terminals (passengers and school children), Manual on Uniform Traffic Control Devices (latest edition), Geometric design and capacity factors of highways and streets (designing to standards), Information technology, signage, communication systems, safety culture and training, Work zone and workplace safety (pedestrians, vehicles and workers), Parking facilities (design, operation, access and way-finding), Safety, security and reliability (identify, evaluate and eliminate hazards), Walking audit (surface requirements, maintenance procedures and coefficient of friction), Traffic regulations and controls (incidents, signs, markings, signals and access).

There are two critical safety issues that affect passengers using passenger rail platforms: platform-to-railcar horizontal gap and platform-to-railcar vertical gap. Rail passenger gap falls occur when an object or the nature of the walking surface prevents or delays the passenger’s rear leg from moving forward to achieve a safe footing at the instant the foot makes contact with the surface ahead. Safe walking requires perfect timing in the transfer of support and balance from one leg to the other. The slightest change can result in an imbalance that can result in a serious fall as the body continues to move forward. There are two aspects to the platform gap: the vertical difference between the car floor and platform surface elevation and the horizontal separation of the railcar from the platform. Today’s rail transit equipment uses mechanical and automatic car floor leveling systems to maintain the car floor nearly level with the passenger platform. This is an important safety feature because when the railcar floor is above the platform, it creates a tripping hazard for passengers boarding the vehicle; when the car floor is below the passenger platform, it is a tripping hazard for passengers exiting the railcar. Most falls are initially precipitated by a trip, and if the gap is wide enough, extension of the passenger’s leg might fall into the space. Most modern rail systems, with proper design and construction of platforms, together with proper maintenance and proper car floor leveling devices, can attain safe vertical and horizontal gap clearances. This makes it unlikely that a passenger will trip on the car doorsill or platform, or that a passenger’s foot will pass between the car and the platform.

It is not unreasonable to expect that every youngster would be protected from the dangers of walking on the railroad tracks, absent from any information, to the contrary. Many mishaps on train tracks are caused by unexpected changes in the control of access that allows youngsters easy entry onto the right-of-way. Typically poor control of the right-of-way creates a higher degree of probability that an accident will result from youngsters walking onto the railroad tracks. With strict controls potential track walkers are offered visual cues to attract their attention toward the dangers awaiting them by walking on the railroad tracks. The most important factors for preventing and removing the track walking hazards are applying the best practices of design and maintenance. Track walking accidents, in most cases, can be easily prevented had the railroad’s safety experts fully understood the danger of track walking, identified the problem areas and quickly and effectively eliminated the hazards. For many railroads, control of access to the right-of-way has not been brought-up to current industry standards and practices. Preventive measures that would eliminate track walking are quite simple …by adding safety features, including: passive and active pedestrian control devices, information systems (signage, brochures, announcements, etc.), safety outreach educational campaigns in the community and in the schools, maintaining a well repaired fence line, expanding the existing fence along the right-of-way, installing an inter-track fence line and creating an adjoining fenced off walking area (pathway).

Attention has been directed to the problems of young drivers. Based on national statistics, young drivers engage in dangerous driving behaviors more than any other driving group. The studies have pointed to some of these behaviors as speeding, not paying attention, operating faulty equipment, listing to loud music, driving while under the influence of alcohol or illicit drugs, use of electronic equipment, failing to use seat belts, distractions inside the vehicle, and socializing with peers while driving. Studies have also found that young drivers typically make simple operational mistakes, including: not watching the car ahead, improper evasive actions, employing improper driving techniques, inadequate defensive driving techniques, making false assumptions, improper maneuvers, overestimating driving skills, lack of attention to the roadway conditions, driving to fast for roadway conditions and failing to adjust for wet roadway surfaces. Young drivers have been found to not allow enough time to detect and assess roadway hazards, and the concomitant level of risk. The underestimating of risk is due to the driver not noticing or understanding potential hazards and overestimating their own physical capabilities. This combination results in the driver failing to appreciate a potentially dangerous roadway situation.

Standards and codes are based on reaching a consensus, which in effect is a minimum on which all participants can agree. In addition, not all situations are covered in the standard. Therefore risk assessments are vital or the level of risk achieved via compliance may be far from acceptable.


Hierarchy of Controls:
Elimination – Remove hazard in design process
Elimination by redesign – Reduce hazards through redesign
Engineering controls – Safety guards
Warning systems – Automatic & manual warning systems
Administrative controls - Inspections and training

Absent of any information to the contrary, it is not unreasonable to expect that a low-level rail passenger station is safe. Many mishaps are caused by unexpected changes in design and typically there is a higher probability that an accident will result. These sudden changes do not offer any obvious visual or depth cues to attract a person’s attention; rather, the environment remains deceptively the same and not easy to distinguish the presence of hazards. The best practice for design and maintenance is the first and the most important (fundamental) level of preventing and removing any hazard. Most station accident could have been easily preventable had the railroad understood the dangers, identified the problem areas and quickly eliminated the hazards. Preventive measures to eliminate the hazards are quite simple; adding safety features, including passive and active devices, information systems, maintaining as well as repairing the station platform and adjoining walking areas. Pedestrian facility design for commuter rail should also comply with accessibility standards in the Rehabilitation Act of 1973 (Section 504) and the American Disabilities Act (ADA) of 1990.