Forensic investigation of road accident

Submitted by:

Sagar kamrani; PRN- 16010324361

Division- ‘D’; Batch:2016-21

on

18th january, 2020

Under the Guidance of

Assistant professor Rukma lavania

Symbiosis Law School, Hyderabad

Symbiosis International Deemed University, PUNE

INTRODUCTION

One should know why forensic investigation of road accidents is performed and how its
performed so the foremost objective of doing a forensic investigation of accident is to establish
the `reason behind cause of incident. And the forensic investigation is done if one wants to
investigate the case, either the victims or their family members want to know how accident take
place and also how they were injured or killed, police or regulatory authorities might wish to fix
responsibility and take appropriate action against the guilty, the safety authorities might always
be looking forward for improvement to prevent a re-occurrence of accident. Now going further
let’s see how its performed?

In the investigation of road accidents, vehicles are there in each of its accident either one side or
the other, so there physical evidences play a very important role. Their nature therefore needs to
be understood properly before they (physical evidences) are collected for examination. 1 They
should be carefully observed, located and thoroughly documented by means of making notes,
sketches and photographs, and then collected. Almost every type of clue (including trace
evidence) can be found at the crime scene in accordance with the locard's principle of mutual
exchange which states 'contact leaves traces', in road accidents or "hit and run" cases2

Major sources of the evidentiary material are crime scene, vehicle, and the victim and these are
the evidentiary material which can be found at the crime scene like the vehicle involved in
accident may be one or more, its type, direction and position, also track marks and skid marks
like tyre impressions of the four wheels, which are found either at sharp turns or where the
vehicle has been reversed and any of personal or vehicular articles left at the scene.

Now the next and important evidence involved is vehicle, in most of the hit and run or accident
cases the vehicle involved may carry traces from the scene of occurrence or from the other
vehicle involved, or the victim. Commonly these clues are found on the vehicles one is finger
and palm prints, tool-marks and fabric prints and hairs, fibers, bloodstain or skin pieces from the
victim also the dust, mud and dirt from the scene of occurrence, from the victim or from the

1
K.Kibayashi, An unusual injury to a passenger in a vehicle Med. Sci. Law, 39 (1999), pp. 82-84.
2
Tippet C.F, 1964 hit and run drivers statistics medicine science and the law ,PP 91-97.
driver even cigarette butts from the vehicle, while examining all these one should also check if
any mechanical fault in the vehicle or any evidence related with overloading of vehicle.3

And the next is the victim itself in addition to dust, dirt, paint, glass pieces, greases and
lubricants and tyre marks, which may be present on the clothes or on the body of the victim,
these are those important evidences which can be found at the scene, injuries, blood, fibers, hair
and skin for control samples, alcohol and narcotics in the body, if the victim had taken the same
also if any signs of disease (from post-mortem report). After carefully observing the suspected
vehicle, scene of occurrence and the victim, and understanding the possible cause of accident; it
is required to collect the evidences at the earliest from the above sources with proper care and
planning. The evidences may be lost in a very short time span. The suspect can get the vehicle
repaired or repainted immediately after the commission of crime. The scene of occurrence would
be tampered over by the traffic and the victim may be cremated or buried.

In the systematic collection of the evidence, one should before the collection of evidence, take
photographs and make sketches of the scene at the earliest without disturbing anything from the
place. The photographs and sketches should be taken in such a way that the location of accident
scene can be fixed by including some of the prominent fixed landmarks like milestone or any
hording etc. The photographs should also be taken in a way to show the identity of the vehicle
(kind of vehicle, its number plate etc.).before taking away the vehicle, note down the reading of
speedometer, record the temperature of the vehicle, of the atmosphere and of the water in the
radiator also ascertain the quantity of fuel in the vehicle, examine the whole area for any physical
clues and collect any loose evidence, which is likely to get lost in transit and should examine
other parts of the machinery thoroughly.4
STATEMENT OF PROBLEM
3
Duboka, Cedomir, forensic evidence in road accidents caused by vehicle's mechanical failure
(2017/04/20,10:4am),
https://www.researchgate.net/publication/316740151_forensic_evidence_in_road_accidents_caused_by_vehicle'
s_mechanical_failures

4
volume number 4, F.BenomranS.Masoud Encyclopedia of Forensic and Legal Medicine Pages 278-281 (Second
Edition),2016.
UNLIKE OTHERS Most officers fail to use physical evidence to fullest advantage, but the fault is not
entirely theirs, since it is part of the function of a laboratory to acquaint investigating officers with
the importance, limitations, collection, transmission, and practical interpretation of physical
evidence.

RESEARCH QUESTION

1. how samples of physical evidences are collected from the crime scene?
2. how physical evidences helps in knowing cause of incident?

RESEARCH METHODOLOGY

Doctrinal legal methodology will be used for carrying out this research. Analytical method will
be used to identify what law currently is and to evaluate it’s efficiency.

CHAPTERISATION

In this research, chapter 1, titled ‘introduction’ deals with why and how a forensic investigation
of road accident is performed,and also what all are the major source of investigation that has
been discussed here and it lists certain measures one should take while performing investigation
of any of road accident.

Chapter, 2 titled, ‘source of physical evidence in road accidents’ talks about various sources
through which one can find evidences related to a road accident and can lead to know what was
the cause of actual incident.it also discuss in details about what all are the things to kept in mind
while collecting such evidences and also what all things should be collected so that it can help in
as a source of evidence in knowing actual cause of incident.

Chapter 3, titled, “collection of physical evidence” talks about how a evidence is collected and
what all measures one should take if in future if any evidence is tampered so we should still have
as a evidence with us in form of sketches or photographs. Before the collection of evidence, one
should take photographs and make sketches of the scene at the earliest without disturbing
anything from the place.

Chapter 4, titled “evaluation of physical evidence” it explains us that there is no single right way
of evaluating any incident related to road accident, but it should always be based on logic and
feasibility. In road accidents, proper plans, keen observations and good photographs enable the
investigator to get a clear image of the scene, and are an essential first step in the analysis of the

incident, so how it’s done it’s discussed in this chapter in detail.

Chapter 5,titled “conclusion” gives answer to the question that a)How samples of physical
evidences are collected from the crime scene?, b) how physical evidences helps in knowing
cause of incident?

REPORT OF LITERATURE REVIEW

Dr. Mukesh kumar thakkar’s research titled “general forensic science” deals with why and how a
forensic investigation of road accident is performed, and also what all are the major source of
investigation that has been discussed here and it lists certain measures one should take while
performing investigation of any of road accident.and this whole investigation is done to know
cause of incident.

H. Ward smith in his work “physical evidence in the investigation of traffic accidents” talks
about how evidences should be carefully observed, located and thoroughly documented by
means of making notes, sketches and photographs, and then collected. Also it has been discussed
that how it is required to collect the evidences at the earliest from the above sources with proper
care and planning further it has been explained in detail about how before the collection of
evidence, taking photographs and making sketches of the scene at the earliest without disturbing
anything from the place is done.

K Kibayashi in his work titled “evaluation of physical evidence” explains us that there is no
single right way of evaluating any incident related to road accident, but it should always be based
on logic and feasibility. In road accidents, proper plans, keen observations and good photographs
enable the investigator to get a clear image of the scene, and are an essential first step in the

analysis of the incident, so how it’s done it’s discussed in this in detail.

J.M Farooqui in his article “Pattern of injury in fatal road traffic accidents in a rural area” gives a
brief details about series of accidents occurred in rural areas and knowing its pattern and arriving
at reason behind such incidents and preventing it from such accidents. Accidents depends on
various factors including but not limited to the location of the event, type of vehicle involved,
nature of the roads, the time of accident This study aims to investigate and evaluate
prospectively the socio-demographic profile and pattern of injuries in victims of RTA in the rural
area

Ym Albalooshi in his work “the importance of bloodstain pattern analysis in the investigation of road
traffic accidents:” discussed in detail about how important role a bloodstain can play in investigating a
road accident and arriving at a conclusion that is cause of incident and also bloodstain plays a very
important role in the reconstruction of events at a crime scene.