Carl F. Thelin

PREFACE

                       I settle into the witness box and look at the jurors and begin by saying,

“Folks, there are many good things about growing old like me. One of them is that I have lived through the times that you just read about or hear about on television. I was there at the beginning of the movement for better safety in cars. With all that hands-on experience, people can call me an expert. Some others here, like me, will express opinions about what they make of the evidence you will see and hear about.

            Evidence comes from other witnesses in this trial, who are limited to tell of facts, as they know them – and only the facts.”

           

            That is the role of an expert witness in a criminal or civil-tort case. The lawyer can ask questions. I am allowed to tell stories. The jurors listen. The judge rules. The Jury decides.

            At first, the lawyer asks the expert to tell the jury about his relevant background and training. After the judge rules that the expert is qualified, the expert can say what the evidence means, more than just the raw facts in evidence. The judge allows experts to say that so-and-so is the person, or the thing, that is responsible for something bad. Lawyers can repeat opinion, but must depend upon an expert to convince the jury that it is true. If the judge withholds the expert designation, the expert becomes just a fact-witness, like the other witnesses who are supposed to tell only the facts - the truth about what they observed.

            In this book, you will see how I woo the jury to believe me. I want to tell you about courtroom drama that is different from the drama you see on television about criminal trials. Unlike the all-in-one-day brevity you see on the tube, real trials are boring routine dragged out over days in court; and preceded by weeks or months of preparation. Television shows like CSI have become a phenomenon because you get to see all that pre-trial prep condensed into a day or two.

            The acronym “CSI” stands for Crime Scene Investigator. I call myself a CxSI – a Crash Scene Investigator. My work involves people who sue because of an automobile collision. A car case may be in criminal court if “society” – the police – claims that a driver has broken a law – by driving under the influence, for instance, or a very serious crime such as vehicular manslaughter.

            Most of the cases for a CxSI are resolved in tort claims in court or settled in conference before trial. These things are civil matters, which has nothing to do with behavior. Guilty and innocent are not the terms of outcome. The question for the jury is who is most-responsible? Here, the jury or the judge can say both parties share responsibility. Oh, did I mention this? – if all parties agree, there is no need for a jury. That speeds up things greatly but drama is missing. In big-dollar cases, the lawyer would rather have a jury so that he can exercise his dramatic skills. I admit that I like to “woo” the jury, too.   

            A bonus in this book is that experts like me have a lot to say about how to stay out of trouble. After years of investigating hundreds of auto “accidents”, an expert becomes aware of situations that could result in a collision. I frequently see potential collisions; usually none occurs because the drivers and pedestrians are sober and alert. The main factor of car safety is the courteous attitude of everyone – being responsible for yourself and others.

            I have been a crash scene investigator for most of my career. After being a design engineer in Detroit, I began doing this sort of work in 1965. I left the Legal Staff two years later. At the end of 2001, I retired when I became disgusted with the lawyers who were exploiting the victims and defendants alike in the inevitable lawsuits that followed major automobile collisions. I base these stories on real investigations in cities around the country, from Maine to Southern California; from Seattle to Miami. I changed the names of individuals and most of the specific locations as well, to avoid making anyone uncomfortable. I did not change names of national corporations to protect the innocent. Almost everyone who knows of me will recall that I did begin my automobile career at the General Motors Engineering Staff and the Chevrolet Motor Division in Warren, Michigan. Later, I worked at Uniroyal, then in Buffalo at CAL. – the acronym for Cornell Aeronautical Laboratories – famous as well. The most valuable experience was at Consumers Union of US, Inc. with the group of scientists and writers who produce the pioneering consumer magazine CONSUMER REPORTS. Finally I ended my career helping in cases accusing GM, Ford, Chrysler and other auto companies of negligent engineering malpractice.

WHY ME? follows