Finding a Brake Failure Expert for an ATV, UTV or Motorcycle

Central Iowa ATV Attorneys. Call us if we can answer any questions.

The Lawyers Come Before The Expert

I have had to hire experts for many cases. If you have a brake failure case involving a Polaris ATV or UTV case you might want to consider Daniel M. McDonough, P.E. as an expert.

Plaintiff lawyers are always searching for experts to confer about a case. In ATV or UTV cases that need is likely a critical factor. Engineering is one such area. Mechanical engineers are necessary when the product part or the design fails. If you are in this business long enough you start keeping notes about credible experts. Experts when new to the field will first seek out the plaintiffs, but then win one or two and find themselves chasing the easy money and the deep pockets of the insurance industry. Very few experts are truly neutral. The ones working for the insurance industry just do a better job of giving the industry what it wants, through the use of result-oriented reasoning.

Recently I read about a Polaris side-by-side ATV case. The expert was not disclosed and so I did a bit of online investigative work and came up with Daniel McDonough’s name and CV. Mr. McDonough is involved with an organization named ARCCA. A group providing experts in forensic, scientific & engineering investigations.

What Is the ARCCA?

Here is how ARCCA holds itself out.

‘ARCCA is a multidisciplinary engineering consulting firm for litigation, insurance, military, sports, and more.

ARCCA has over 30 years of combined experience in the latest technology to evaluate injury causation, equipment failure modes and effects, accident/incident reconstructions, the impact of human factors, and property and premises liability. We can help with all phases of your project or case – from initial investigation and evidence preservation, to design, testing, expert reports, depositions, exhibit preparation, and trial testimony.’

ARCCA has a list of some 50 professionals in the area of forensic litigation. Daniel McDonough is one of them. McDonough’s CV and be found here. The other 49 here.

https://arcca.com/our-experts/daniel-mcdonough/

https://arcca.com/meet-our-experts/

Experts Are Usually Required to File A List of Cases in Which They Have Previously Testified

I wanted to know more about this expert and the cases where he has testified. Strangely enough, that is almost impossible. I searched for a list of cases where McDonough provided expert testimony, but was unable to come up with a list. I also did a search for cases involving Polaris brake failures, but again, it was a dead-end and did not provide me with what I wanted to know. If anyone has a list of cases in which McDonough has testified and is willing to provide me with a copy, I will link it to this blog post. McDonough’s LinkedIn bio provided nothing concrete. This guy is playing it close to the vest and may indicate which side of the case he is really marketing himself.

The brake failure case is one of the few semi-published references I could find about brake failures involving ATV’s and UTV’s. Several Philadelphia firms show on their website that they are interested in brake failure case. Some claim “Brake Failure Injury Lawyer” status, but that is just a Google SEO marketing technique proving nothing about the firm’s abilities.

Which Law Firms Look Interesting

And then there is Kline & Specter having a list of actual case results. These lawyers look like the real deal. The list of results is impressive.

One defense firm from Phoenix lists Camarata vs Polaris from August 25, 2017. These are the defense lawyers and so you can bet which way the verdict went. Defense lawyers are not promoting cases in which they believe they lost.

‘Polaris defended its product development process and the vehicle’s design and warnings by focusing on the vehicle’s robust design history, well-engineered occupant protection system, and clear and conspicuous warnings. Polaris also presented evidence that plaintiff extended her hand outside of the vehicle’s protective frame structure during the tipover, which occurred because plaintiff violated multiple on-product warnings, including a prohibition against drivers under age 16.’

Get Out The Wallet

In my experience cases requiring scientific or engineering expert witnesses tend to be pretty expensive. And if you have a case and you start thinking product liability, you’d better also start thinking about hiring a firm that can foot the bill. Once you hire the engineering expert you still have to hire the medical experts. Keep in mind that brake failure cases can occur with ATV’s, UTV’s, motorcycles, trucks, cars, EV’s, scooters and any kind of a motorized vehicle requiring brakes.

Interesting case. I enjoyed researching the expert’s background, although the dead-ends were a bit frustrating.

Good luck on your case and call if you wish to jaw about it.

Steve Lombardi