A technical first level for accident trials. How to make expert testimony truly count in court

This article deals with the known contrast between what might be called the certain logic required by judicial proceedings and the uncertain logic of engineering evaluation. For accident cases that require a risk assessment, this study offers a solution to adopt a division of accident-related trials into two different levels: 1) an engineering level, in which a technical analysis of the accident’s causes is performed, followed by 2) the traditional judicial level. A technical level might better support the formulation of a rational verdict by providing a more exhaustive analysis of an accident’s causation and the parties’ responsibilities. It might also provide criteria to improve safety and prevent accidents in the workplace and in the operation of electrical installations.