Air Accident Expert Witness
j2 first entered the expert witness arena in the UK in 2015. After being instructed in a precedent case in the UK i.e., Rogers v Hoyle and subsequently Crown v Hoyle, j2 was able to apply their modelling, analysis and simulation expertise to produce flight physics based evidence that supported both the pilot and expert witness testimony. It was this first case and the successful outcome that announced a new and powerful capability to the aviation insurance and legal market-place that benefited, Aviation Lawyers, Aviation Insurance Underwriters and Air Accident Investigators alike. j2 has subsequently acted in the Shoreham case in the UK and other high profile cases around the world involving business jet, light aircraft and helicopter accidents and is also Daubert tested in the US courts.
Since 2015 j2 expert witness testimony has been used in a number of high profile cases here in the UK e.g. Crown vs Hoyle, Shoreham and also internationally in the US, where j2 software and methodology has also passed a Daubert challenge there.
Pre 2015, almost all expert witness evidence in air accidents was based on ‘opinion only’ evidence with little or no actual flight physics derived data provided to support said opinions. This made the process of reaching a verdict a very complicated one as one expert’s opinion would counter the other but neither had any additional data or analysis to support what was presented other than the experience and credentials of the expert.
The trend towards ‘opinion only’ evidence is not a surprise in that the production of flight physics type data was always associated with a lot of code writing, resulting in excessive cost and the time to produce. In many cases, the insurer was not willing to support that expense but neither was the court able to wait for the time needed to produce the data.
This is where j2 Aircraft Dynamics methodology and expertise was able to make a real difference, producing digital twin flight physics based models of specific aircraft in weeks not months and then being able to fly and analyse the digital twin models in the j2 software, examining and analysing any and all scenarios that could have contributed to an aircraft’s behaviour and the resulting loss of control (LOC). This analytical investigative capability, based on proven aero engineering principles, was able to produce the flight physics based data that could either support or counter opinion only type evidence. It was as important to be able to demonstrate what didn’t happen as well as to be able to show what could have or is most likely to have given rise to an aircraft’s behaviour and subsequent LOC, whether that was caused by mechanical failure, pilot input, weather influence, loadings, structural failures etc etc.
J2 can now boast a wholly reliable, repeatable and trusted methodology as applied to this speciality that can be used to produce data and expert witness evidence through the creation of flight physics based digital twin models and the analysis of any fixed/rotary wing or multi rotor aircraft involved in any accident or LOC event. In addition, j2 can also add value to the following areas:
- The speed with which j2 work will speed up the rate of evidence build and accelerate the submission of evidence timeline.
- Proven and trusted techniques and methods open up the possibility of j2 evidence being used as a common tool for mediation purposes. Both sides would be able to run multiple scenarios and analyses reaching a consensus and also sharing the costs.
- The production of more accurate analysis based evidence, accepted by both sides, may allow settlements to be reached earlier, reducing costly court time.
- The production of data by j2 Aircraft Dynamics could be used by insurance underwriters to establish if there are contributory factors that could impact on any award or insurance settlement values to their clients.
- j2 digital twin creation and analyses is able to dissect opposing ‘opinion only’ evidence and determine the principles of technical argument and subsequent agreement.
j2 For Lawyers
When there is a challenge in an air accident claim case, invariably such claims will either be settled or will end up in court. For lawyers, using j2 expert witness evidence can meet their needs in a number of ways:
- j2 provides lawyers with an opportunity to build the strongest case they can using the latest flight physics based modelling, analysis and simulation technology within the boundaries of cost and time.
- j2 is able to quickly build and validate a model and can analyse any number of scenarios quickly and easily when examining the contributors to the Loss of Control (LOC) event.
- j2 is able to incorporate and interrogate any data or evidence produced by the other side and analyse it.
- j2 can create simulation images (video) of the modelled scenarios including graphs and charts of any associated analytical work they have submitted.
j2 AAI is a powerful ally in the formulation of a legal case as its technical foundations, vested in flight physics, sets new standards in both supporting and challenging expert witness testimony.
J2 For Air Accident Investigators
From an early stage and running in parallel with any accident investigation, j2’s Universal Tool-Kit can, in a matter of weeks, build a validated flight physics based model of the sample aircraft that is then used examine the aircraft handling and behavioural analysis. This capability can accelerate investigation findings by focussing on ‘most likely’ whilst also removing from the investigation those areas shown to be `not possible’ or `highly unlikely’ to have been contributory factors from a flight physics analysis perspective. A case history is provided here for a Piper Navajo aircraft accident in conjunction with a study that was undertaken for the AAIB.
At any time in this process investigators can:
- Add fidelity to the model by including OEM or other available data e.g. flight test data, adding fidelity to the model and continuing to test out theories and hypotheses as more information becomes available. The number of scenarios that can be analysed is limitless.
- Can retain and re-use the aircraft model for additional work as required in a fully version controlled and protected database within j2.
- Can access and re-use the same model or have it modified to take account of aircraft variants e.g. a Beechcraft B200 will form the basis for a B200 Raisbeck model (engine and performance upgrade) with each being fully version controlled.
- Can add pilot or other expert opinion data/input to the analytical process and method and evaluate any differences.
- Can use a trusted, repeatable and robust flight physics based modelling methodology that can be applied and used for any fixed wing, rotary wing or eVTOL type aircraft accident investigation.
J2 For Insurance Underwriters and Loss Adjusters
The j2 AAI capability is founded in a globally proven and leading technology that can be deployed to gain a better understanding of any possible contributors to the causes of an aircraft accident. j2 AAI can be applied from ‘scene of accident’ through the investigation process to provide supporting and trusted data and analysis to aide an insurers decisions on claims and to support and aide court proceedings as the foundation for expert witness testimony. j2 AAI enables many scenarios and outcomes to be investigated and analysed in a short space of time, contributing greatly to a better understanding of those elements of an accident that could have a bearing on the legal decisions made or on any subsequent insurance settlement.
J2 in Mediation
Mediation in the settlement of disputed claims is a growing field and provides an alternative to pursuing an expensive and long drawn out court process. The trusted j2 methodology in building validated math models of aircraft and the subsequent analysis and scenario build processes lends itself equally to be accessed and used by both parties in any mediation process. The j2 model and analytical data produced and the resulting conclusions are founded in the laws of flight physics that govern how an aircraft behaves in atmosphere. The ability to run unlimited scenarios and to test all hypotheses presented by both sides allows for a fair, impartial and trusted methodology to be used when reaching conclusions on how the aircraft actually behaves and the most likely contributing factors to that behaviour.