Mr. Percy is a railroad safety consultant, railroad accident reconstructionist,professional engineer/licensed land surveyor and physicist. He specializes in grade crossing accidents, railroad accidents and derailments, and railroad employee injuries (FELA)to trainmen and railroad maintenance forces.
His investigations are geared to establishing the facts of the case. He has developed field investigative techniques that enhance improved data capture in a shorter time frame. He is an experienced photographer and utilizes photographs to explain to the layman.
He provides support to litigation counsel through on-site investigation/measurements, analysis and surveys. He plans his site work based on photographs and other materials provided by litigation counsel and based on personal experience.
He will assist attorneys during questioning of opposing parties by attending depositions and/or preparing questions in advance.
He is able to explain railroad jargon, railroad issues and accident reconstruction information in terms the layman will understand.
He has performed “accident surveys” for various railroad claims departments—these include fatalities of trainmen in switching yards, injuries from hard-to-throw switches, trip and fall accidents.
RAILROAD ACCIDENTS and DERAILMENTS—
He has performed analysis of derailments for the National Transportation Safety Board. Analysis includes track geometry, track profile, structures and clearances. While employed with the Santa Fe Railroad, with railroad contractors and as a railroad consultant he worked on about fifty track derailments in California.
RAILROAD GRADE CROSSINGS—
He has performed geometric analysis of collisions between trains and pedestrians and vehicles at intersections and along right-of-ways. Grade crossing accidents have involved pedestrians, cars, trucks and bicycles.
While with the Santa Fe railroad he was involved with about thirty “accident surveys” at grade crossings and has since investigated about twenty-five grade crossing accidents.
Accident scene investigation reports, event recorder down load/printings, photographs and site visits are utilized to evaluate the accident and perform the traffic/railroad accident reconstruction. Photogrammetry is also used as required for reconstruction.
RAILROAD EMPLOYEE INJURIES—
Where railroad workers are injured in the performance of their duties (FELA) we can perform investigation, physics analysis and force measurements of hard-to-throw switches, hard-to-turn car brakes, hard-to-open hopper doors, poor walkway conditions, inadequate clearances, use of tools, use of equipment, issues at bridges and culverts.
Being familiar with most track tools and track construction/maintenance machinery he can perform analysis to use these tools. He works in conjunction with other experts to determine the bio-mechanical forces generated by various railroad work activities.
RAILROAD INSPECTIONS—
He performs track and hard-to-throw switch surveys/inspections to determine compliance with the Federal Railroad Administration Track Safety Standards (FRA), walkway requirements and clearances. He inspects track to different class requirements and also includes defects that are contributing to general track deterioration.
TRAFFIC ACCIDENT RECONSTRUCTION--
He can perform accident reconstruction for vehicle accidents, pedestrian accidents and bicycle accidents.
SITE PHOTOGRAPHY—
Mr. Percy is an experienced photographer. The site photography utilized can be set up to establish geometric relationships (photogrammetry) of an accident scene.
Mr. Percy received a degree in physics from California State University, Long Beach in 1972. He is a registered civil engineer in California (1980-#C 32055-including land surveying) and also a licensed land surveyor in California (1992-L 6837). Projects consist of civil and structural design of track, crane rail systems, conveyors, retaining walls, drainage design, bridge and culvert design, etc.
He has over thirty-five (35) years experience in the design, construction, maintenance, inspection (including FRA requirements) and cost estimates for railroad track, special track work, switches/turnouts, grade crossings, grade crossing geometry, grade crossing surfaces, bicycle crossings, drainage, walkway/toe path and clearances.
He was employed by the Santa Fe Railroad for a period of five years after which he went to work for various railroad contractors. Having completed the design of several hundred railroad projects he is often called upon to complete very difficult geometric designs for other firms. Experience extends to mainline track, industrial track, short line railroad track, portal crane rail systems and overhead cranes.
Mr. Percy has lectured on the following topics in front of the National Association of Railway Safety Consultants and Investigators: 2004—Hard-to Throw Switches, 2005—Walkways and Clearances, 2006—Hard-to-Throw Switches and Ergonomics. He also attends seminars, classes and does on-line learning to further sharpen his skills and to add new skills helpful to his clients.
Membership in: Chi Epsilon, A.R.E.M.A., A.C.E.C., CELSOC, F.E.W.A., N.A.R.S.C.I., ARC Network (#ARC1103)
Mr. Percy is available for plaintiffs and defendants.
A resume will be provided upon request.
References will be provided upon request.
Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:A: Registered Civil Engineer (Including Land Surveying), California, 1980, #C 32055.
Licensed Land Surveyor, California, 1992, # L 6837.
Standard Teaching Credential- Secondary, California, 1977, No. STC 261198
Bachelor of Arts Degree, Physics Major (Minors in Mathematics and Chemistry), California State University, Long Beach, CA, 1972.
Associate of Arts Degree, Physics, San Bernardino Valley College, San Bernardino, CA, 1966.
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Chi Epsilon—Civil Engineering Honor Society
American Railway Engineering and Maintenance of Way Association (A.R.E.M.A.)
American Consulting Engineers Council (A.C.E.C.)
Civil Engineers and Land Surveyors of California CELSOC)
Forensic Expert Witness Association (F.E.W.A.)
National Association of Railroad Safety Consultants and Investigators (N.A.R.S.C.I.)
Accident Reconstructionist Network (ARC Network).
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: 2006—N.A.R.S.C.I., Hard-to-Throw Switches and Ergonomics
2005—N.A.R.S.C.I., Walkways and Clearances
2004—N.A.R.S.C.I., Hard-to-Throw Switches
1994—Surveying Mathematics, Pacific Land Seminars
1993—Surveying Mathematics, Pacific Land Seminars
1992—Railroad Surveying, California Land Surveyors Association
1986—Engineering and Railroads, California State University
1985—Railroad and Metal Buildings—Issues, Metal Building Association, Orange County, CA
1972—Student Teaching for credential—Physics and Mathematics
1970-1976—Taught basic and advanced SCUBA courses
1968-1971—Taught physic labs and some physics classes for professors at California State University, Long Beach, CA.
1965-1966—Taught physics labs and some physics classes for instructors at San Bernardino Valley College, San Bernardino, CA.
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No
Q: On how many occasions have you been retained as an expert?
A: 50
Q: For what area(s) of expertise have you been retained as an expert?
A: Grade crossing accidents, train derailments, train collisions, track structure and defects, track walkways and clearances, railroad appliances, hard-to-throw switches, culverts, spiking, shoveling ballast/mud, motor vehicle launching from crowned railroad crossing, trucks overhanging tracks near traffic intersection, trucks becoming high centered on tracks, pedestrian collision with train, slip and fall on ballast walkway, use of hand tools, etc.
Also: Hydraulics, hydrology, structures, soils, geotechnical engineering, railroad right-of-ways and surveying, retaining walls.
Q: In what percentage of your cases were you retained by the plaintiff?
A: 80%
Q: In what percentage of your cases were you retained by the defendant?
A: 20%
Q: On how many occasions have you had your deposition taken?
A: 17
Q: When was the last time you had your deposition taken?
A: February 20, 2007
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: 50
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 9
Q: For how many years have you worked with the legal industry as an expert?
A: Basically for sixteen years (1991-2007) and one case in 1985.
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Site: inspection, analysis, surveying, force measurements and investigation; review and evaluate materials, depositions, reports, etc.; assist attorneys with depositions and questions; prepare court exhibits; derailment cause finding; traffic/railroad accident reconstruction.
Q: What is your hourly rate to consult with an attorney?
A: We allow one hour of free discussion. All other time for services by Dennis Percy is charged at $300.00 per hour. Field vehicle with equipment is charged by the mile.
Q: What is your hourly rate to review documents?
A: $300.00
Q: What is your hourly rate to provide deposition testimony?
A: $300.00
Q: What is your hourly rate to provide testimony at trial?
A: $300.00
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: We require a non-refundable retainer of $3000.00. If we are listed as an expert by an attorney for a case, there is a fee of $3000.00. Staff services are also used to expedite work and keep costs down. A rate schedule can be provided. Outside transportation, air fare, lodging meals, etc. are charged at cost. Photo reproductions and exhibit materials are charged at cost.
