Forensic biomechanics is the application of
biomechanical engineering science to
litigation where
biomechanical experts determine whether an
accident
An accident is an unintended, normally unwanted event that was not directly caused by humans. The term ''accident'' implies that nobody should be blamed, but the event may have been caused by unrecognized or unaddressed risks. Most researche ...
was the cause of an alleged
injury.
''(See "New York State Bar Association Bar Journal November/December 2010 - The Rise of Biomechanical Experts at Trial by Robert Glick, Esq. and Sean O'Loughlin, Esq.
)'' Application of biomechanics to the analysis of an accident involves an accident reconstruction coupled with an analysis of the motions and forces affecting the people involved in the accident.
''( See "New York State Bar Association Bar Journal November/December 2010 - The Rise of Biomechanical Experts at Trial by Robert Glick, Esq. and Sean O'Loughlin, Esq.
)'' A biomechanical expert’s testimony on the motions and forces involved in an accident may be both relevant and probative on the issue of injury causation.
(''See "New York State Bar Association Bar Journal November/December 2010 - The Rise of Biomechanical Experts at Trial by Robert Glick, Esq. and Sean O'Loughlin, Esq.
)''
History
During the years 2005 to 2019, the Courts of
New York City
New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...
witnessed the innovation and widespread use of biomechanical experts.
Soon after the innovation of biomechanical experts in the Courts of New York City, prominent
trial attorney
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
s and the
New York State Bar Association
The New York State Bar Association (NYSBA) is a voluntary bar association for the state of New York. The mission of the association is to cultivate the science of jurisprudence; promote reform in the law; facilitate the administration of justic ...
began offering scholarly articles and
educational seminars on the use of biomechanical experts.
Notable articles on Biomechanical Experts include: "New York State Bar Association Bar Journal November/December 2010 - The Rise of Biomechanical Experts at Trial by Robert Glick, Esq. and Sean O'Loughlin, Esq.
", "The Role of Biomechanics Engineering: an Explanation in Accident Reconstruction by Richard Sands, Esq.", "New York Law Journal - Using Biomechanical Science in Labor Law and Premises Cases by Richard Sands, Esq.", "New York Law Journal - Winning the Biomechanical 'Frye' Hearing by Steven Balson-Cohen, Esq," PropertyCasualty360 - Insurers Tap Biomechanics To Fix Blame For Injuries Claimed In Crashes."
On December 28, 2018, the New York Law Journal published an article by prominent trial attorney Steven Balson-Cohen titled "Requiem for the Biomechanical ‘Frye’ Hearing?" revealing that the current state of the law in New York was that all four appellate divisions had accepted the legitimacy of biomechanical science in the courtroom.
Prominent trial attorneys in biomechanics include but are not limited to: Stephen B. Toner, Francis J. Scahill, Richard M. Sands, Claire F. Rush, Steven Balson-Cohen, John J. Komar, Howard Greenwald, Maurice J. Recchia, Cecil E. Floyd, Philip J. Rizzuto, Milene Mansouri, Joseph Jednak, Paul Koors, Anthony E. Graziani, Kristen N. Reed, John Corring.
References
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Biomechanics
Lawsuits