Frequently Asked Questions

Practical answers to common questions about TVL’s services and how to engage.

If your question isn’t answered here, Johann Tay is the right person to ask.

Expert Witness

What does an expert witness do in a road crash matter?

An expert witness provides independent technical opinion to assist the court in understanding evidence that requires specialist knowledge. In road crash matters, that typically means reconstructing the crash sequence, analysing the contributing factors across the road environment, the vehicle, and the driver, and presenting findings in a written report and — where required — oral evidence under cross-examination. The expert witness’s duty is to the court, not to the party that retained them.

What is the difference between a forensic crash investigation and a police crash investigation?

Police crash investigation assembles evidence for the purpose of a brief of evidence — the foundation of the state’s case. It is conducted immediately after the crash by trained investigators with access to state-of-the-art equipment, and captures a comprehensive physical record of the scene. TVL’s forensic investigation draws on that police evidence base and applies independent analysis — asking not just what happened, but why the road user behaved the way they did, and what the road environment and vehicle contributed to that behaviour. The two are complementary, not competing.

How early in a matter should an expert witness be engaged?

As early as possible. Early engagement allows the expert to identify what evidence exists, what additional investigation may be required, and whether the matter raises technical issues that affect how it should be run. Engaging an expert witness after key decisions have already been made is a common and avoidable limitation.

Can TVL provide an expert report for both criminal and civil matters?

Yes. TVL provides expert reports and court appearances for criminal proceedings — including dangerous driving and culpable driving matters — and civil litigation including personal injury, property damage, and insurance disputes. TVL has been court-appointed as Expert Witness in the Victorian County Court, and has provided expert reports in matters before the Victorian Supreme Court.

What areas does TVL’s expert witness practice cover geographically?

TVL is based in Melbourne and accepts briefs from across Victoria. Interstate matters are considered on a case-by-case basis depending on the nature of the engagement and the investigation required.

Road Safety Engineering

What is the difference between a Road Safety Audit and a Safe System Assessment?

A Road Safety Audit is a formal independent examination of a road project or existing road environment, assessing it against road safety criteria to identify features that may create safety risks. It is conducted at defined project stages and results in a written report with recommendations. A Safe System Assessment is a structured evaluation of how closely a road infrastructure project or location aligns with Safe System objectives — assessing crash risk across exposure, likelihood, and severity dimensions. The two processes are complementary and are often conducted in sequence on the same project, with the SSA informing the broader Safe System alignment and the RSA examining specific design details.

What road safety engineering services does TVL offer to local government?

TVL works with councils on Road Safety Audits, Safe System Assessments, Blackspot and SSRIP funding submissions, fatal crash investigation and infrastructure analysis, traffic impact assessments, and statutory planning referrals. TVL also provides specialist subcontract support to larger consulting firms working on local government projects.

Training & CPD

Are TVL’s CPD sessions accredited?

TVL’s CPD sessions are not delivered under a formal accreditation scheme. They are designed to meet the continuing professional development needs of legal practitioners working in road crash matters, and the content is directly applicable to practice. Practitioners should assess the session against their own CPD obligations in the usual way.

How do I arrange a CPD session for my firm?

Contact Johann Tay directly via the enquiry form on the CPD page or by email to cpd@tvl.net.au. Describe your firm’s practice areas and the topics most relevant to your team, and Johann will respond with available dates and a proposed session outline.

Is there a cost for CPD sessions?

TVL’s CPD sessions for legal practitioners are offered at no charge.

Vehicle Technology

What is an Event Data Recorder and how is it used in crash investigation?

An Event Data Recorder is a device fitted to most modern vehicles that records data in the seconds before, during, and after a crash — including vehicle speed, braking inputs, throttle position, seatbelt status, and whether safety systems such as automatic emergency braking were active. EDR data is increasingly used in both criminal and civil crash proceedings as objective evidence of vehicle behaviour at the moment of impact. TVL provides EDR data extraction, interpretation, and expert reporting for use in legal proceedings.

What is Retrofit ADAS and is it relevant to my fleet?

Retrofit Advanced Driver Assistance Systems are active safety technologies that can be installed in vehicles that were not originally fitted with them — providing Forward Collision Warning, Lane Departure Warning, and similar functions to older vehicles. TVL has published research on the Retrofit ADAS market in Australia and can advise fleet operators on whether retrofit solutions are appropriate for their specific fleet composition, operational context, and safety objectives.