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Traffic Accident Investigation
Instructor: PLT Benedicto Fiel Cabelto (Ret)
TRAFFIC ACCIDENT INVESTIGATION Traffic Accident Investigation. Generally, to know what question to ask and what to look for, you must have some fundamental bearing on accidents and their causes. When you speak of traffic accident, everybody knows what you mean - SOMETHING WENT WRONG on the highway, either a wrecked car, somebody injured or possibly killed.
A. What Traffic Accident Investigation Determines.
1. WHAT happened? 2. WHO and WHAT was involved? 3. WHERE did it happen? 4. WHY did it happen? 5. HOW did the accident occur? 6. WHEN did the accident happen? • B. Purposes of Traffic Accident Investigation.
• 1. Everyone involved is curious about the causes and circumstances of the
accident. • 2. Police are also interested in finding out whether there is enough evidence of law violation in the accident to take enforcement action. • 3. Claims attorneys and adjusters want to determine negligence on the part of the drivers involved in the accident so that damage claims can be properly adjusted. • 4. Officials and other want specific information about accidents to know how to prevent future accidents C. Common Words and Phrases Used in Traffic Accident Investigation.
1. ACCIDENT. It is that occurrence in a sequence of events which usually
produces unintended injury, death, or property damage. 2. TRAFFIC ACCIDENT. An accident involving travel transportation on a traffic way 3. MOTOR VEHICLE ACCIDENT. Refers to any event that results in unintended injury or property damage attributable directly or indirectly to the action of a motor vehicle or its loads. 7. SKID MARKS. These are marks left on the roadway by tires which are not free to rotate, usually because brakes are applied strong and the wheels locked. 8. TRAFFIC UNIT. Any person using a traffic way for travel, parking or other purposes as a pedestrian or driver, including any vehicle, or animal which he is using. It applies also to: a) Pedestrians; b) Cyclists; c) Street cars; d) Horse-drawn (animal-drawn) vehicles; e) Farm tractors; and f) Other road users in almost any combination. Example: A traffic accident could involve a cyclist and a pedestrian. 9. HAZARDS. This is generated when a critical space-motion relationships between a traffic unit and another object develops due to the movement of either or both. Example: A curve in the path is a hazard. Another traffic unit in the path is also a hazard. 10. SAFE SPEED. The speed adjusted to the potential or possible hazards or the road and traffic situation ahead. It is determined by the road rather than the particular driver of a vehicle. Example: A curve ahead is a hazard and a safe speed for it is a speed at which it can be taken comfortably. 11. STRATEGY. It is the adjusting of speed, position on the road, and direction of motion, giving signals of intent to turn or slow down, or any other action in situations involving potential hazards. 12. TACTIC. It refers to any action taken by the traffic unit to avoid hazardous situations like steering, braking, or accelerating to avoid collision or other accident. 13. IMPACT. It is the striking of one body against another or a collision of a motor vehicle with another motor vehicle. 14. CONTACT DAMAGE. Damage to a vehicle resulting from direct pressure of some foreign object in a collision or roll over. It is usually indicated by situations, rub-off of material or puncture. 15. FACTOR. Any circumstance contributing to a result without which the result could not have occurred or it is an element necessary to produce the result, but not by itself sufficient. 16. PRIMARY CAUSE. A misnomer loosely applied to the most obvious or easily explained factor in the cause of an accident or the most easily modified condition factor. 17. CAUSE. The combination of simultaneous and sequential factors without any one of which result could not have occurred. 18. ATTRIBUTE. Any inherent characteristics of a road, a vehicle, or a person that affects the probability of a traffic accident. 19. MODIFIER. A circumstance that alters an attribute permanently or temporarily. D. Kinds of Traffic Accidents.
1. Non-Motor Vehicle Traffic Accident. Any accident occurring on a traffic
way involving persons using the traffic way or travel or transportation, but not involving a motor vehicle in motion. Example. Pedestrian and cyclist in a traffic way. 2. Motor Vehicle Non-Traffic Accident. Any motor vehicle accident which occurs entirely in any place other than a traffic way. Example. Accident on a private driveway. 3. Motor Vehicle Traffic Accident. Any motor vehicle accident occurring on a traffic way. Example. Collision between cars on highway. E. Classification of Motor Vehicle Traffic Accident According to Key Event. 1. Running off road. This is usually characterized by a motor vehicle falling on the roadside or on a cliff along mountainous roads. 2. Non-collision on road. This does not involve any collision. Example: Overturning. 3. Collision on road. Examples of this are motor vehicles colliding with: a) Pedestrian; b) Other motor vehicle; c) Parked motor vehicle; d) Railroad train; e) Bicycle; f) Fixed object; and g) Other objects F. Classification of Accidents According to Severity. a) Property Damage Accident b) Slight. c) Non-Fatal Injury Accident. d) Less Serious. e) Serious. f) Fatal. G. Causes of Motor Vehicle Traffic Accidents. 1. Simultaneous Factors: a) Road conditions; b) Drivers attitude or behavior. c) Weather condition 2. Sequential Factors: a) Speed is greater or less than safe; and b) Defective vehicle. 3. Operational Factors: a) Road hazards; and b) Driver's non-compliance to traffic laws, rules and regulations. 4. Perception Factors: •a) Driver's inability to react promptly to a situation; and •b) Driver's faulty action to escape collision course. H. Chain of Events in a Vehicular Accident. It refers to a series of an expected events leading to damage or injury. One event usually leads to another so that the series can be spoken of as a "chain of events.” 1. Perception of Hazard. It is seeing, feeling, or hearing and understanding the usual or unexpected movement or condition that could be taken as sign of the accident about to happen 2. Start of evasive action. It is the first action taken by a traffic unit to escape from a collision course or otherwise avoid a hazard. 3. Initial Contact. It is a first accidental touching of an object collision course or otherwise avoid a hazard. 4. Maximum Engagement. It is greatest collapse or overlap in a collision. The force between the traffic unit and the object collided with are greatest at maximum engagement. 5. Disengagement. It is the separation of a traffic unit in motion from an object with which it has collided. The force between the object ceases at this time. 6. Stopping. This is when the traffic unit/s involved come to rest. It usually stabilizes the accident situation. 7. Injury. It is receiving bodily harm. This event does not necessary occur after the accident but within any of the chain of events. 8. Other events that may occur during an accident. a) Point of Possible Perception. The place and time of which the hazard could have been perceived by a normal person. It precedes actual perception and is the beginning of perception delay. b) Point of no Escape. It is that place and time after or beyond which the accident cannot be prevented by the traffic unit under consideration. c) Perception Delay. The time from the point of possible perception to Actual perception. d) Final Position. It is the place and time when objects involved in an accident finally come to rest without application of power. I. Who conducts the traffic accident investigation? The police officers assigned in the field or highways upon learning of an accident usually responds and conduct initial inquiries. However, police stations normally have designated traffic accident investigators. In major traffic accidents involving numerous victims, the local traffic investigator shall immediately inform the nearest PNP- HPG which shall then take lead in the investigation under Special Investigation Task Group (SITG) which shall be activated to manage the case (PNP Field Manual on Investigation of Crimes of Violence and Other Crimes, 2011). When the proper crime scene processing is necessary, the traffic investigators may also ask assistance of the Scene of the Crime Operation Team. J. Five (5) Levels of Activity in Accident Investigation. • 1. Reporting. This involves basic data collection to identify and classify a motor vehicle, traffic and persons, property and planned movements involved. • 2. At-Scene Investigation. This level involves all action taken by the investigator at the scene of the crime or accident. • 3. Technical Preparation. This involves delayed traffic accident data collection and organization for study and interpretation. • 4. Professional Reconstruction. This involves efforts to determine from whatever information is available, how the accident happened. • 5. Cause Analysis. This last level usually involves final analysis on the causes of accident which are bases for the prevention of similar accident. K. Steps Taken by the Police During Traffic Accident Investigation. 1. Step One. Upon Learning of the Accident. a) Ask first: (1) When did the accident happen?; (2) Exactly where was it?; (3) How bad was it?; (4) Did you see the accident happened? (5) Where can you be reached? b) Decide whether to go to the scene: (1) Will scene have been cleared by the time of arrival?; (2) Is it in investigator's area?; (3) Should headquarters be informed or consulted? c) Then find out, if necessary: (1) Is traffic blocked?; (2) Has ambulance been called?; (3) Has wrencher been called?; (4) Was fire apparatus called? 2. Step Two. Start for the Scene. With two way radio, you can do two things while on the way. a) Choose Best Approach, Consider: (1) Time; (2) Possible traffic jams; (3) Possible route of driver involved and (4) Probable situation at scene. b) Drive Safely. If you get involved in accident yourself, then other units must be used. c) Be Alert for Cars Leaving the Scene: (1) As possible witnesses or hit and run drivers; & (2) Records registration numbers of any likely looking vehicles. d) Get Equipment Ready for Use. So far as practical while on the way. e) Look for Conditions confronting a Driver Approaching Scene: (1) Low visibility view obstructions; & (2) Traffic control devices. f) Note Hazards to approaching Traffic: (1) Drop helper to direct traffic if necessary; & (2) Look for physical evidence. Have it guarded until it can be examined, collected or located. 3. Step Three. Upon Arrival at the Accident Scene. a) Select parking place carefully: (1) Is it safe?; (2) Will it block traffic?; (3) Can headlight illuminate scene? b) Care for injured: 1) Stop arterial bleeding; 2) Call for help if necessary; 3) Help injured from cars safely; 4) Protect injured from exposure; 5) Ask for emergency assistance from bystanders from anywhere c) Look over bystanders and others: 1) Look for drivers; 2) Look for possible witnesses; 3) Look for volunteers who will help you; 4) Get them under control. d) Have Emergencies Under Control: 1) Have spilled gasoline guarded; 2) Look for fire and electrical hazards; 3) Look for traffic hazards; 4) Put out flares; 5) Ask helper to direct traffic; 6) Keep bystanders off roadway; 7) Request help from headquarters if needed e) Locate drivers: 1) Consider possibility of hit and run accident; 2) alert headquarters. f) Measure location of short lived evidences. g) Arrange for clearing roadway. h) Delay removal of vehicles except to aid injured. 4. Step Four. When Emergency is Under Control. a) Preliminary questioning of drivers: • 1) Who was driving each vehicle?; • 2) Note unpremeditated statement; • 3) Look for signs of nervousness, confusion and intoxication. b) Gather clues for identifying hit and run cars: 1) Question other witnesses especially bystanders in hurry to go; 2) It needed, get signed statement at once from why who may be hard to find later. c) Examine driver’s conditions: 1) Get specimen for chemical test; and 2) Question about trip plan for possible fatigue. d) Question drivers carefully: 1) Check license and record data from it; 2) Verify and identify address; 3) Check registration and record data; 4) Verify ownership and correct address; 5) Get step by step account of what driver saw and did. e) Position and condition of vehicles: 1) Lights and light switches; 2) Gear position and tires; 3) Mark position of MVs if it must be removed; 4) Unusual thing inside the vehicles. f) Form preliminary opinion as to how accident occur. g) Photography: 1) Photograph skid mark and location of vehicles and 2) Mark skid mark location for later measurement. h) Record place to which injured persons or damage vehicles were or will be taken. 5. Step Five. After Getting Short-live Evidence. a) Get additional evidence: 1) Make test skids; 2) Decide whether proof of violation is sufficient for arrest; 3) If so, make arrest or issue citation; 4) Get additional formal statements, from witnesses remaining at the scene and 5) Have road clear if traffic is obstructed. b) Suggestion to drivers, if necessary: 1) How much accidents can be avoided in the future; and 2) Tell drivers what reports they must make and dismiss them c) Approach the scene by path of each traffic unit involved. Look for: 1) View obstructions; 2) Traffic control devices, etc.; 3) Probable points of perception and 4) Road surface conditions. d) Complete examinations of vehicles. e) Locate key event of accident. f) Make additional photographs of: 1) Vehicle damage; 2) View obstruction; 3) Pavement's conditions; and 4) Control devices, and general view, etc. g) Establish exact location of accident and record it. h) Measure for scale diagram if location is hard to reach. i) Review notes of evidence or testimony: 1) Get additional facts at scene and 2) Identify all notes with places and time. j) Clean up location or arrange to have it done. k) Report to headquarters by radio or telephone 6. Step Six. After Leaving the Scene: a) Get medical report on injured persons from doctor or hospital. b) Question drivers or witnesses: At hospital or home if not adequately questioned; and Take needed additional statements. c) Notify: Relatives of dead or injured; and Owner of vehicles. d) Have specimens analyzed if were taken for chemical or laboratory test. e) Have photograph developed, get prints if needed for report. f) Complete the report of the accident: Have copies made if necessary; File report and copies; and Complete factual data on investigation report if not completed at scene. g) Decide whether analysis of accident is warranted by the time available for making it. h) Reconstruction of the accident
i) Present case summary to a lawyer.
j) Complete report or investigation.
k) Submit to superior for approval.
l) Inform other Agencies or departments of any condition at
the scene which needs attention for safety 7. Step Seven. If Case Goes to Court: a) Find out what the prosecutor wants further to develop evidence. b) Return to the scene if necessary for the following: • 1) Additional photographs of general scene and long-lived evidence; • 2) Measure for scale diagram for use in court; and • 3) Locate additional witnesses and review their testimony. c) Locate also, if necessary: • 1) Relatives and friends who can confirm activities before the accident; • 2) Technicians who developed pictures, made chemical tests, etc.; and • 3) And expert who can help. d) Have enlargement made of any photo needed in court. e) Enlarge scale diagram made for court use. f) Pre-trial conference with prosecution. g) Insure that subpoenas are issued. h) Testify in court. i) Organize papers and file permanently. j) Insure that the disposition of case is recorded in drivers’ record and other reports.