ADMINISTRATION OF JUSTICE

1. ADMINISTRATION OF JUSTICE TRAFFIC ACCIDENT INVESTIGATION BASICS

2. I. QUALITIES AND ABILITIES REQUIREDA.The traffic accident investigator must possessinvestigative ability. 1.Investigators must be able to: a. question and interrogate, b. be a good observer,

3. b. reach soundconclusions, • and make the investigation meaningful and valuable.

4. 2. Investigators must be able toanalyzesituations and measure statementsagainst physical evidence and probability.

5. B. The investigator must possess the quality of leadership. 1. Investigatorsmust, by their actions, be able to quickly restoreorder at the accident scene.

6.  2. Investigators must have the ability to control emotionally upset, or injured, vehicle occupants and other individuals. 3. Investigators must usetact and skillin asking and answering questions. 4. An attitude of disinterest or levity is out of place at the scene of anyaccident.

7. 5. The investigator must be able to recognize how much authority can bedelegatedto volunteers.6. The good investigator must haveinitiative.

8. 7. Investigators must be able to work on their own. 8. Investigators must be able to think logically and clearly under conditions ofstress and pressure. 9. The Investigator must persevere in their endeavor to conduct a thorough and completeinvestigation.

9. C. Knowledge of relevant police techniques will be of great value to the investigator. 1. In some cases, fatal ­ accident investigationmay be very difficult.

10. a. When the only person in the vehicle, the lone driver, has been killed. b. There are no witnesses to tell what occurred and the accident will have to bereconstructedfrom physical evidence alone. c. An attempt to make it appear that a victim of murder died as the result of a traffic accident.

11. D. A basic knowledge of photography is valuable. 1. The investigator must plan accident scene photographs forevidentialworth, rather than news value. 2. The Investigator should know where a photograph will help in aninvestigation and where one will not.

12. E. The successful investigator will always be on the watch for new ideas and techniques.

13. F. The investigator must strive to get the facts, while conducting an impartial investigation, with no preconceived prejudice or opinion to prevent arriving at an honest conclusion. 1. The Investigator should approach the investigation in terms of what eachvehicle did, in relation to other physical conditions.

14. G. Don’t’s for investigators: 1. Do not discuss the accident with anyone outside thedepartment. 2. Do nottake sides in an accident. The investigator is a factfinder. 3. Do not tell any participant that heor she is in the clear.

15. 4. Do not tell anyone you will be glad to be a witness. a. If you are to be a witness, you will besubpoenaed. b. When you do testify, you must testifyhonestly and impartially.

16. 5. Do not mention garage or repair bills, or civil liability.6. Do not enter into any discussion of a probable or possiblefine.

17. 7. Do not be too hasty in making decisions as to cause. a. Get the facts first; gather all of theevidence. b. Analyze the situation. c. Then make the decision.

18. 8. Do not conduct yourself as other than animpartialrepresentative of the people throughout your entire investigation. a. Your sole purpose is to be a fact finder.

19. II. IMPORTANCE OF ACCIDENT INVESTIGATION A. Many arrests will be made following an accident investigation. 1. These include arrests for misdemeanor and felonydrunk driving, manslaughter, hit-and-run, recklessdriving, auto theft and other crimes.

20.  2. The investigator must be careful to conduct a thorough investigation, prepare the case meticulously, and follow through by appearing in court in aprofessionalmanner.

21. B. In civil cases resulting from accidents, courts may rely upon the crime scene investigator for unbiased and informed testimony. 1. Investigators should always be conscious of this and realize that a poorinvestigation and a poorrepresentation of evidence will soondestroy a trust it has taken years to acquire.

22.  C. Value of a fixed procedure 1. Fixed (strip – grid?) procedure is extremely valuable in accident investigation. a. This should not serve to limit the investigator's actions - they should beflexible. b. Steps should be taken as condition’swarrant, rather than by established pattern.

23. c. The investigator shoulduse mental and writtenchecklists. (1) They will assist in determining the accident cause(s) and in gatheringdata.

24. (2) It will enable the investigator to make sure that nothing is overlooked in the investigation, provide a definite starting point, and helppreventduplication of effort. (3) A planned procedure impresses the public with the efficiency of the investigator's department and buildsfavorablepublic opinion.

25. D. Types of accident investigation1. Normal accident investigation will include: a. Investigation of those accidents in which theprincipalsare present.

26. b. Investigation of those accidents in which vehicles are approximately as they came torest.c. Investigation of those accidents in which physical evidence isunaltered, and possible witnesses are present.

27. 2. Late-reported, or late-investigated: a. Investigation of those accidents in whichknowledgeof the accident is gained andinvestigation, if any, is made after somelapseof time.

28. 3. Hit-and-run accidents: a. Investigation of those accidents in which a driver causes damage or injury and knowinglyleaves the scene without identifying himself.

29. E. Reasons for accident investigation 1. There are three equallyimportantreasons for accident investigation. a. First is the basic police function is to protect life and property. b. The second reason is to determine thecause(s)of the accident.

30. c. The third reason is to gather evidence for possibleprosecution.

31. 2. Success of any accident-prevention program hinges on thorough investigation and complete reporting. 3. The critical part of the traffic accident investigator's task is to determinehowthe accident happened and why.

32. III. THREE BASIC REASONS FOR ACCIDENT INVESTIGATIONS A. The first is protection of life and property. 1. In an accident investigation, there are various steps that may be grouped under the heading ofprotectionof life and property.

33. a. Not all of these steps will be required in every accident investigation, nor will they always be done in any particularorder.

34. b. The important thing for the investigator to remember is that each investigation should beevaluatedin the light of each of the three steps, assigning top priority to that which is most important in each instance. c. There is a need to protect the scene and other traffic, topreserveevidence that might be lost.

35. d. Also important is the fact that witnesses, who might be of great value, will become impatient and leave the scene. e. To accomplish these responsibilities you should plan anapproachover the quickest, not necessarily the shortest, route.

36. 2. Upon arrival at the scene the investigator should park safely and conveniently. a. Consideration should be given to theinjuredparties, conditions at the scene, evidenceprotection, and othertraffic.

37. 3. Protect the accident scene to prevent the occurrence of further accidents and to preserve the evidence. a. This may require usingflares – during the day or night, and when visibility is poor. b. Thought should be given to the proper location offlares.

38. B. The second reason is gathering evidence and determination of cause. 1. These two objectives are common to accident investigations and cannot beseparated.

39. a. Evidenceas to the cause will indicate the violation involved.b. Evidenceproving theviolationwill lead to the cause.

40. c. From evidence and statements of witnesses and participants, the investigator mustdeterminethe cause of the accident, bearing in mind that there probably will be more than one cause. d. Where more than one vehicle is involved, there may be one or moreviolationscommitted by each driver.

41. 2. There are three factors which must be considered in any accident: a. The highway b. The vehicle or vehicles c. Thepeopleinvolved

42. 3. The investigator should strive to get all the pertinent facts. a. If a violation is indicated, an effort should be made to secure sufficientevidenceto prove the occurrence of the violation.

43. 4. Early in the investigation the investigator may begin to form an opinion of what happened and will look for evidence to confirm it. a. The investigator must take care not tooverlookevidence that does not agree with the theory.b. Things are not always what they seem.

44. c. The investigator must never attempt todistortfacts to fit some theory. d. The investigator must never be reluctant to accept negative orconflictingevidence

45. 5. Every fact, every statement, and every shred of evidence must beanalyzed and evaluated in order to get a true picture of what happened.

46. 6. Locate and question the drivers andwitnesses. a. Make a quick preliminary check to see that alldriversare present, and then attempt to locate witnesses. b. Get the operator'slicenseof each driver and determine whichvehicle each party was driving.

47. c. An early search forwitnessesmay provide the investigator with information that he or she would not otherwise obtain. (1) The word "witness" has an unpleasant connotation in theminds of many people.

48. (2) Find out from the drivers what person theyfirstsaw or talked to after the accident, then approach that person and ask what he or she saw. (a) "Did you see the accident?" is effective.

49. 7. A check of the vehicles parkedclosestto the scene may be valuable. a. Locatingwitnesses can be critical to thereconstructionof the accident. (1) Make notes of license numbers of vehicles parked in theimmediatearea.

50. b. Witnesses should be located as soon as possible as they areproneto leave. (1) In all contacts with witnesses orpotential witnesses, the investigator must act with tact,diplomacy, and understanding.