THE QUERY PROJECT - European Commission - Europa

Co u n t R y R E P o R t S
Ireland
Dr. Denis Wood
Qualification
In this paper I outline the background of technical experts who
prepare reports and give evidence to the courts in the Republic
of Ireland in vehicle accidents and related matters.
The level of qualification ranges from that of engineering technician/
draughtsman or motor mechanic to university qualified
engineer and membership of an engineering institution with a
Chartered Engineer status. Physicists also on rare occasions, provide
expert advice in this area.
Certification
The courts determine weather or not an expert is, in the opinion
of the court, suitably qualified to give evidence to the court in the
specific case before the court.
Position in Court
The majority of work is for civil cases. About 5% of work is for
criminal matters. The courts do not appoint an expert. The parties
to each case appoint their own expert. This expert may or may
not be used to give evidence. In the lower courts each party does
not know if the other side have retained an expert until he/she
appears in court. In High Court cases if either side intends to rely
on expert evidence then the expert’s report must be given to the
other side some weeks before the hearing (report exchange). In
giving his/her evidence (and in their report) the expert is required
to be impartial and at the service of the court.
About 30% of cases settle before court. The remainder go to
court. Of these, the majority settle in the court building without
a hearing in front of a judge. The balance, about 5% to 10% go to
hearing in front of a judge.
In the lower courts cases take about ½ a day in front of the
judge. In the High Court cases, even ones involving paraplegia or
similar very serious injury, the cases normally take 2 days.
In criminal cases the police, in general, use their own staff. 0n
rare occasions an independent expert is used. The defence use an
independent expert whose fees are discharged by the state
working conditions
The majority of practices are sole practitioner with support
administration staff. A small number of offices have 2-4 professional
engineers/scientists.
Fees are responsibility of the party who engage the expert.
However in Irish Civil Law the party who loses the case, i. e. the
party which makes the financial settlement, is responsible to pay
the “reasonable fees” of the other side.
working fields
The type of work carried out for road traffic accident cases varies
from a simple map of the accident area through vehicle design
issues to complex accident reconstruction, study of biomechanics
and investigation of the contribution of the road design and
construction and hence the liability of the road authority for the
accident.
The range of expertise also varies greatly. from the qualified
mapper, professional civil engineer or architect, motor mechanic,
0
motor assessor to professional mechanical engineers who are
Chartered Engineers.
The number of road accidents that have in depth accident
reconstruction carried out is small. This is due to the limited
expertise of many of those involved and the restricted collection
of information by the police.
Associations, institutions, activities
Each professional is normally a member of a professional body,
for Chartered Engineer this would typically he the Institution of
Engineers of Ireland or the Institution of Mechanical Engineers or
the Institution of Civil Engineers There is a grouping of Chartered
Engineers who specialise in investigation work of all types, “The
Association of Forensic Engineers”. It has about 60 members.
Investigation of road accidents constitutes a small portion of the
typical members activity. Seminars on aspects of road accident
investigation take place every 4/5 years.