Homework Lance
Police Accident reports typically should not include:
-how the accident occurred
-who is at fault
•fault will be deemed at a later period, after all evidence has been collected
-what was the primary cause of the accident
-if any laws were violated in connection to the accident
besides the police, who should file an accident report?
•the individuals involved in an accident which resulted in the following:
-death or injury of anyone involved in the accident
-$1000 or more worth of damage to property
Insurance claims should include:
insurance policy number
date of the accident
location of the accident
description of how the accident occurred
driver information for both parties
name, address, license plate numbers, insurance information
police department involved in the investigation
police report number
Accident investigation documents cans be used as evidence to support what?-citations
•for example, if an investigation concludes an accident was caused due to traveling at high speeds, a driver may be ticketed
-criminal charges
•for example, evidence found in the car could lead to the conclusion of the driver being under the influence, distracted, etc., resulting in an arrest
-civil disputes
•for example, one driver could sue another driver for property damage
The four levels of fault in a traffic accident are:
-negligence
-recklessness
-intentional misconduct
-strict liability
Negligence
•driving in a careless manner which can result in harm or damage to other vehicles or people
-extremely common in traffic accidents
•Examples include:
-failing to yield to theright-of-way
-running a stop light
Recklessness
•willingly disregarding the safety of others
•Commonly includes:
-tailgating the vehicle in front of you
-exceeding the speed limit
-braking suddenly
-failing to use turn signals
Intentional Misconduct
•Is closely related to negligence and recklessness
•Refers to planning to perform an act, causing harm to another person or property
-Brake checking someone
How quickly after an accident should a person contact their insurance company?
within 24 hours
what are some of the possible consequences for a driving being found “at fault” for an accident?
-being held responsible to pay for any damage
-losing recovery compensation
-receiving a citation
-suspending of drivers license
what is the most common cause of traffic accidents?
-speeding
other causes of traffic accidents are:
-driving under the influence of drugs or alcohol
-failing to obey traffic signs
-lacking experience
After an investigation who determines who is at fault for a traffic accident?
law enforcement officials and insurance companies
-in most cases police reports and insurance claims will result in the same determination of fault
What is an investigation?
•a search or inquiry for facts leading up to or contributing to an event
•Allows a determination of cause to be made by law enforcement officials after the occurrence of an accident
what manner are accident investigations done in?
a scientific manner, meaning all information and data should be collected
what are the duties of an officer who is dispatched to an accident scene?
•Focus on preventing any further injuries or property damage from occurring
•Assist in maintaining the control and flow of traffic in locations surrounding the accident
•Identify, collect, document and preserve evidence which has been gathered from the scene of the accident
why is it important that officers respond to an accident scene quickly?
•preventing death and additional property damage
•reducing injury severity
•minimizing the chance for tampering with evidence
•identifying witnesses
in what manner should an officer interview witnesses and participants in an accident?
separately
Pre-trip Events
•Are conditions which existed prior to the trip, such as:
-background of the driver
-background of the vehicle
•Are factors which did NOT directly cause an accident, but may have contributed to the accident
pre trip events include related to the background of a driver include:
-experience
•years licensed, exposure to conditions, type of vehicle
-attitude
•anger, exhausted,road rage, etc.
-senses
•sight, hearing, touch,smell
-alertness
•ability to respond to surroundings
-health
•permanent or temporary health conditions
-age
•reaction speed, carefulness while driving, etc.
-habits
•almost automatic behavioral patterns
-stress
•emotional disturbances, preoccupations, etc.
-alcohol or drug use
•can be determined using a blood alcohol content breath test, blood test or urine test
what does autopilot refer to?
situations in which drivers are in a daze and oblivious to the road and surrounding traffic conditions which can lead to traffic accidents.
what is the legal limit for intoxication?
.08
when does a “trip event” start?
when a person assumes the role of driver
what is included in a “trip event”
-vehicle status
-traffic way
-drivers and witnesses
what is a “vehicles status”
•Provides law enforcement officials and investigators with evidence concerning the accident, for example:
-mechanical failures
•steering, braking orheadlight problems
what is the importance of “traffic ways”
•Allow law enforcement officials to examine the pathway of the vehicle prior to the accident
•May contribute to accidents occurring, for example:
-if a driver hit aforeign object
-if the road conditionswere inadequate
what is the importance of drivers and witnesses?
Offer information about events which happened leading up to the accident
-depending on the situation, drivers and witnesses may be willing or unwilling to disclose events leading to the accident based on rewards or consequences
-Speaking to drivers and witnesses plays a large role in determining the cause and fault of the accident.
After arriving on the scene the officer should:
•identify the victims involved in the accident and determine their condition, for example:
-determine if drugs or alcohol were involved
-identify diseases or illnesses
-classify extent of injuries
Point of Possible Perception
point at which the driver should have recognized they were about to be involved in an accident
Point of actual perception
Occurs when the driver actually recognized a traffic hazard
•Does NOT only refer to sight, but can also include hearing
-for example, a horn sounding off could have caused the driver to actually recognized the traffic hazard
•Can be determined with mathematical calculations if signs of evasive action are apparent
Evasive Action
action taken in effort to avoid a certain situation, such as braking
Perception Delay
Refers to the amount of time and distance between the point of possible and actual perception
•Plays a key role in determining which driver is liable for causing the accident
-the longer the delay, provides investigators with evidence of the driver NOT recognizing the hazard
The Action Point
Is the point in time in which the driver performs evasive action to try to avoid an accident
•Can include forms of evasive action, such as:
-braking
-avoidance steering
-accelerating
Perception/Reaction Time
Refers to the amount of time passed between the point of actual perception to the action point
•Can be influenced by the following:
-age
-experience
-alcohol or drug use
-fatigue
-weather conditions
Perception/Reaction Distance
The distance a vehicle traveled between the point of actual perception and the action point
Simple reactions
instinct reaction to one method, such as slamming on the brakes
complex reactions
occur when drivers are faced with more than one option
•lengthens response time because decision-making is required
The Point of No Escape
•Ensures an accident is going to happen regardless of any evasive actions a driver may take
•Can be influenced by the following:
-visibility
-type, size and condition of vehicles
-speed of vehicles
The Point of Impact
The point in time and location an accident occurs. includes: primary contact, engagement and disengagement, and secondary contact
Post-Accident Evidence
•Is physical evidence at the location of the accident
•Can assist in determining how a vehicle was traveling
•Can include:
-scratches
-gouges
-roadside objects
-liquids
-skid marks
Scratches
•Are narrow marks which have been caused by relatively little pressure
•Can often times indicate post-accident travel of a vehicle
-for example, if one vehicle hit another and caused it to hit a barrier, scratches could be the result
Gouges
•Are deep marks resulting from heavy pressure
•Are often related to accidents involving flattened tires or suspension damaged
-suspension components can include:
•tires
•shock absorbers
•springs
what is the benefit of photographing an accident scene?
-preserving evidence
-supporting evidence
-reproducing the accident in sketches
-refreshing driver/witness memory
photographs of evidence should include”
-photos of the scene
-photos of details
-photos of vehicle damage
-tire failures
-road marks
photos of the vehicle should include
-the front of the vehicle(s)
-the back of the vehicle(s)
-the right side of the vehicle(s)
-the left side of the vehicle(s)
Field sketches
•Are the first step in the measurement and drawing process
•Provide a visual representation of the scene of the accident by measurement
•Are permanent records and should NOT be redrawn for any reason
•Should be proportional to correctly represent the scene
Sketching Procedures
-draw the roadway
•include lane markings and curbs
-show final position of vehicle
-show all roadway marks
•skids, gouges, liquids, etc.
-note debris
-label each object and identify with letters
-locate reference points
-indicate road names and distance to well known landmarks
-specify direction of north
-show traffic control equipment
-show view obstructions
•other vehicles, trees, debris, etc.
-identify accident vehicles
-clarify weather, road and light conditions
-record time of accident and sketch
-identify people conducting measurements or creating the sketch
-sign the sketch
crash scene evidence can be used for:
-citations
•for example, if an investigation concludes an accident was caused due to traveling at high speeds, a driver may be ticketed
-criminal charges
•for example, evidence found in the car could lead to the conclusion of the driver being under the influence, distracted, etc., resulting in an arrest
-civil disputes
•for example, one driver could sue another driver for property damage
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