Forensic biomechanics is the application of
biomechanical engineering
Biomechanical engineering, also considered a subfield of mechanical engineering and biomedical engineering, combines principles of physics (with a focus on mechanics), biology, and engineering. Topics of interest in this field include (experiment ...
science to
litigation
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. ...
where
biomechanical experts determine whether an
accident
An accident is an unintended, normally unwanted event that was not deliberately caused by humans. The term ''accident'' implies that the event may have been caused by Risk assessment, unrecognized or unaddressed risks. Many researchers, insurers ...
was the cause of an alleged
injury
Injury is physiological damage to the living tissue of any organism, whether in humans, in other animals, or in plants.
Injuries can be caused in many ways, including mechanically with penetration by sharp objects such as teeth or with ...
.
''(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 (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
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 attorneys 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 justice ...
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, and John Corring.
References
{{Authority control
Biomechanics
Lawsuits