James D. Madden. P.E.

James D. Madden. P.E.

Board Certified Diplomate Forensic Engineer, Sr. Forensic Engineer at Madden Accident Analysis, Investigation, Reconstruction
1700 West Market Street, Ste. 318
Akron, OH 44313
Office: 440-838-0640
Fax: 440-838-1192
Introduction

During over 35 years of Forensic Engineering work Senior Forensic Engineer James D. Madden, P.E. has:

- completed over 1100 cases
- prepared and issued over 700 written reports
- prepared and issued over 70 affidavits
- testified in over 100 depositions
- testified in over 90 trials and arbitrations

Additional Qualifications of Senior Forensic Engineer James D. Madden, P.E. for forensic engineering work include the following:

- Professional Engineer's (PE) license earned taking the National Council of Engineering Examiners examinations in mechanical engineering and chemical engineering

- Board Certified Diplomate Forensic Engineer by the National Academy of Forensic Engineers (NAFE) in accordance with the standards of the Council of Engineering and Scientific Specialty Boards (CESB)

- Bachelors and Masters degrees in Engineering and post-degree college coursework in Engineering

- coursework, as part of the Engineering college work, in mathematics, physics, chemistry, engineering mechanics, mechanical engineering, chemical engineering, normal psychology

- numerous short courses and seminars on engineering and forensic subjects

- 10 courses in Traffic Accident Investigation and Reconstruction over 9 1/2 weeks at the Northwestern University Traffic Institute / Center for Public Safety

Prior to forensic engineering James Madden spent 17 years doing engineering design of equipment and facilities, working in industrial operations, and providing engineering assistance in construction.

The Forensic Engineering work has included the investigation, engineering analysis and reconstruction of accidents and incidents causing injury, death and property damage, and the safety analysis of facilities and equipment involved in accidents.

This work is performed in the following forensic specialties:

- consumer product accidents and industrial, commercial and construction equipment accidents
- accidents involving construction and industrial and commercial operations
- traffic accidents, including roadway facility analysis
- building and property safety, including slips, trips and falls
- accidents involving chemicals, gases and materials
- equipment and industrial fires and explosions
- incidents of hazardous combustion, including heating system malfunctions with carbon monoxide poisoning and furnace explosions

The forensic work is based on principles of mechanical engineering and chemical engineering, including engineering mechanics (sometimes called the physics of an accident), and:

Principles related to Safety of Equipment and Facilities, including Principles of:

- Human Factors
- Safety Design (including the safety design hierarchy)
- Safe Operation
- Safeguarding (e.g. machine guards)
- Warnings (e.g.signs and signals)
- Codes, Standards, Regulations and Recommended Practices, as published by various organizations and authorities

The forensic engineering work typically includes, but is not necessarily limited to, the following activities, adjusted as required for each case.

- inspection of the accident site, such as a roadway, building or industrial facilities
- inspection of the involved equipment, during operation, or in damaged condition
- photography and/or video of the accident site and involved equipment
- interviewing witnesses - often during the inspection of the accident site, product and/or equipment
- review and study of case documents, evidence and applicable codes and standards
- testing accident items and exemplar items (such as consumer products)
- preparation of drawings, calculations, graphical analyses, computer analyses, etc.
- preparing written expert reports and affidavits, and courtroom exhibits
- coordinating or interfacing with others while they are preparing specialized courtroom exhibits
- providing expert testimony in deposition, trial and arbitration
- consultation with the client as requested, whenever requested
- response to all court requirements, such as scheduling

Mr. Madden is, or has been, a member of the:

- American Society of Mechanical Engineers (ASME)
- American Institute of Chemical Engineers (AIChE)
- American Society of Civil Engineers (ASCE)
- American Society of Agricultural Engineers (ASABE)
- Society of Automotive Engineers (SAE)
- Institute of Transportation Engineers (ITE)
- National Fire Protection Association (NFPA)
- International Code Council (ICC)
- National Society of Professional Engineers (NSPE)
- National Academy of Forensic Engineers.



We are available throughout the United States.

To email us click on Email above. For additional information click on CV, Web Page and Background.


Areas of Expertise
  • Accident Investigation
  • Accident Reconstruction
  • Automotive
  • Bicycle
  • Boilers
  • Building Codes
  • Bus & Truck Safety/Accident
  • Chemical Engineering
  • Child Safety
  • Construction Safety
  • Construction Site
  • Consumer Products
  • Conveyors
  • Cranes
  • Design Engineering
  • Disabled Access
  • Doors
  • Driver Behavior
  • Equipment & Machinery
  • Ergonomics
  • Explosions
  • Facility Engineering
  • Fire
  • Fitness Equipment
  • Forensic Engineering
  • Forklifts
  • Furnaces
  • Industrial Design
  • Labels & Warnings
  • Ladders & Scaffolds
  • Lifts
  • Mechanical Engineering
  • Motorcycles
  • OSHA
  • Personal Injury
  • Plastics
  • Playground Safety
  • Power Tools
  • Premises Liability
  • Products Liability
  • Professional Engineering
  • Ramp & Stairs
  • Refineries
  • Safety
  • Safety Engineering
  • Safety Equipment
  • Slip, Trip & Fall
  • Tractors
  • Traffic/Highway Safety
  • Transportation Engineering
  • Transportation Safety
  • Visibility
  • Walking & Working Surfaces
  • Windows

Expert Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: ..
- Professional Engineer (PE) license earned through taking the National Council of Engineering Examiners examinations in mechanical engineering and chemical engineering

- Bachelors and Masters degrees in Engineering with post-degree engineering coursework, with coursework in mathematics, physics, chemistry, engineering mechanics, mechanical engineering, chemical engineering and normal psychology

- Board Certified Diplomate Forensic Engineer designation by the National Academy of Forensic Engineers according to the standards of the Council of Engineering and Scientific Specialty Boards
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: ..
memberships and previous memberships:
- American Society of Mechanical Engineers (ASME)
- American Institute of Chemical Engineers (AIChE)
- Society of Automotive Engineers (SAE)
- American Society of Civil Engineers (ASCE)
- American Society of Agricultural Engineering (ASABE)
- Institute of Transportation Engineers (ITE)
- National Fire Protection Association (NFPA)
- International Code Council (ICC)
- National Society of Professional Engineers
- National Academy of Forensic Engineers
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: over 1100 times
Q: For what area(s) of expertise have you been retained as an expert?
A: ..
- investigation, engineering analysis and reconstruction of accidents and incidents causing injury, death and property damage, and the safety analysis of facilities and equipment involved in accidents

-in the following forensic specialties.

- consumer products and industrial, commercial and construction equipment
- construction activities and industrial and commercial operations
- traffic accidents, including roadway facility analysis
- building and property safety, including slips, trips and falls
- accidents involving chemicals, gases and materials
- equipment and industrial fires and explosions
- incidents of hazardous combustion, including heating system malfunctions with carbon monoxide poisoning and furnace explosions

- based on principles of mechanical engineering and chemical engineering, including engineering mechanics (sometimes called the "physics of an accident"), and,

- based on principles related to Safety of Equipment and Facilities, including application of the principles of:

- - Human Factors
- - Safety Design (including the safety design hierarchy)
- - Safe Operation
- - Safeguarding (e.g. machines guards)
- - Warnings (e.g. signs and signals)
- - Codes, Standards, Regulations and Recommended Practices, as published by various organizations and authorities
Q: In what percentage of your cases were you retained by the plaintiff?
A: about 50% over the last 30+ years
Q: In what percentage of your cases were you retained by the defendant?
A: about 50 % over the last 30+ years
Q: On how many occasions have you had your deposition taken?
A: over 100 times
Q: When was the last time you had your deposition taken?
A: the last deposition was in Juner, 2022
Q: On how many occasions have you been qualified by a court to give expert testimony?
A: over 90 times
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: over 90 times
Q: For how many years have you worked with the legal industry as an expert?
A: over 35 years
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: ..
The forensic engineering work typically includes, but is not necessarily limited to, the following activities, adjusted as required for each case:

- inspection of the accident site, such as a roadway, building or industrial facilities
- inspection of the involved equipment, during operation, or in damaged condition
- photography and/or video of the accident site and involved equipment
- interviewing witnesses - often during the inspection of the accident site, product and/or equipment
- review and study of case documents, evidence and applicable codes and standards
- testing accident items and exemplar items (such as consumer products)
- preparation of drawings, calculations, graphical analyses, computer analyses, etc.
- preparing written expert reports and affidavits, and courtroom exhibits
- coordinating or interfacing with others while they are preparing specialized courtroom exhibits
- providing expert testimony in deposition, trial and arbitration
- consultation with the client as requested, whenever requested
- response to all court requirements, such as scheduling
Q: What is your hourly rate to consult with an attorney?
A: ..
- intial phone consultation is free of charge
- $205/hour full rate; with discounted rates down to $175/hour depending on the timing of payment
- half rate ($102.50/hour, or as discounted as explained above) for the 2nd and 3rd hour of travel
- quarter rate ($51.25/hour, or as discounted as explained above) for travel after the 3rd hour,
- discounts are available for travel depending on the timing of payment
(rates are as of June, 2021)
Q: What is your hourly rate to review documents?
A: the same as rates to consult with an attorney
Q: What is your hourly rate to provide deposition testimony?
A: ..
(rates are for cross-examination testimony)
- $325/hour full rate; with a discounted rate of $295/hour for advanced payment
- half rate for the 2nd and 3rd hour of travel
- quarter rate for travel after the 3rd hour
- discounts are available for travel depending on the timing of payment
(rates are as of June, 2021)
Q: What is your hourly rate to provide testimony at trial?
A: ..
(rates are for a combination of direct and cross-examination testimony)
- $265/hour full rate; with discounted rates down to $235 depending on the timing of payment
- half rate for the 2nd and 3rd hour of all activities other than testimony
- quarter rate for all activities other than testimony after the 3rd hour
- discounts are available for activities other than testimony depending on the timing of payment
(rates are as of June, 2021)
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: ..
(as of June, 2021, charges are subject to change for later dates)
- mileage: $0.50 per mile
- plane, hotel, rental car, etc.: actual charges paid
- normal typing (reports, letters, etc.): No Charge
- routine copies: No Charge
- reproduction, when required to be by outside suppliers: actual charges paid
- faxing, long-distance phone calls: No Charge
(rates are as of June, 2021)

References

References upon request.