Module 21- HIT-AND-RUN INVESTIGATION

The objectives of the investigation of a motor vehicle accident involving the flight
of one of the participants in two fold: responsibility must be determined and the
identity of the driver of the vehicle who fled the scene must be established.

A. Hit-and-run Cases Defined. Evading responsibility is a term commonly applied to

a traffic accident in which a driver fails to comply with any of the duties required by Sec.
55 of RA 4136.

Drivers can only leave the are of accident if the driver:

1) is imminent danger of being seriously harmed by any person or persons
by reason of the accident;
2) reports the accident to the nearest officers of the law; or
3) driver has to summon a physician or nurse to aid the victim.

B. Reasons of Apprehending and Prosecuting Hit-and-Run Drivers.

1) Injury might have been lessened or death prevented if the driver had
promptly sought help;
2) Compensation of injuries, death or property damage for the victim/s;
3) Deter other would be hit-and-run offenders; and
4) Secures increased public support.

C. Two Important Considerations.

1) The driver who flees is not necessarily the driver responsible for the
accident.  His reasons maybe are: he may be wanted for another crime,
or intoxicated, or without a valid license, etc.
2) The suspect may report that his motor vehicle was sideswipe or hit by an
unknown vehicle or to report that his vehicle was stolen.

D. Elements of Hit-and-Run.
1) Suspect driving the vehicle at the time of the accident.
2) Suspect was involved in an accident resulting in death, personal injury or
damage to property.
3) Suspect failed to perform his responsibilities stated in Sec. 55 of R.A.
4136.
4) Suspect had knowledge of the accident. Note the following:
a) Physical evidence may prove the vehicle figured in the accident.
b) Extent of damage to vehicle. Extensive damage to vehicle would
preclude allegation of lack of knowledge and If suspect refrained from
using his MV for several days since the accident.
c) Guard against claims that the vehicle was stolen to evade
responsibility.

E. The Hit-and-Run Operator.

 1) Categories based upon possible psychological explanations for their
motivation of flight:
a) Apprehensive-panic-drive, fearful driver:
1. intoxicated drivers;
2. without license;
3. no insurance;
4. his companion in the car is not his/her mate;
5. stolen car;
6. stolen goods in car;
7. leaving scene of another crime;
8. fleeing crime scene or wanted for crime
b) Projectionist-projects guilt. One who blames the other driver.
c) The sneak operator. This type involves minor property-damage-only
accidents and usually thinks that the accident ca happen to any other
driver.

2) Classes of Hit-and-Run Drivers:

a) Drunk drivers.
b) Criminals fleeing from the scene of the crime.
c) Improperly licensed drivers, or drivers with no license or with revoked or
expired license.
d) Drivers who fear publicity and prosecution.
e) Ignorance of the accident.
f) Driver who flees in panic.
g) Drug addicts.
h) Insurance or financial reasons.
i) Juveniles.

F. Preliminary Steps in Hit-and-Run Investigation.

1) Refer to checklist on Accident Investigation.
2) Obtain the best possible descriptions of the car and driver.
a) from partial descriptions given by witnesses.
b) Get the license plate and any unusual features of the vehicle.
c) Concentrate on the car's description first.
d) Dispatch initial description and all subsequent information to the HQs and
to police agencies.
e) Try to determine the damage to the fleeing car.
3) Appeal for information through local newspapers, radio, T.V., etc.
4) Carefully search the hit-and-run scene for physical evidence (debris).
a) Request laboratory study of evidence.
b) Watch out for the possible return of the hit-and-run driver to the scene of
the accident.
5) The Victim
a) Check his clothing; other parts of his body for possible transferred
evidence.
 b) If the victim is killed, get samples of uncontaminated blood, hair and skin
from him.
c) Collect and preserve for laboratory examination, the clothes, shoes, and
other items he was wearing at the time of the accident.

G. Follow-up Investigation.
1) Interview persons living along the route taken by the hit-and-run driver; also
operators of filling stations and garages.
2) Canvass parking lots and other filling stations and garages.
3) Return to the accident scene at the same time on subsequent days and on the
same day of the following weeks to obtain additional witnesses such as delivery
men operating on scheduled routes.
4) Follow-up phone calls to garages and dealers of auto parts.
5) Continue appealing for information through the press, radio and TV.

H. Search for Suspect Car.

1) Look for physical evidence, such as latent fingerprints, pieces of clothing, marks,
damaged parts, hair, blood, etc. which will identify the car as that involved in the
hit-and-run accident.
2) Search the undercarriage of the suspect car. Determine also if there is indication
of disturbance in the grease or dirt adhering to it.
3) Make a careful investigation for replaced parts.

I. Interview of Suspect. When the suspect is apprehended:

1) Obtain a signed statement if you can.
2) Get a full account of suspect's whereabouts and write it down just in case he
refutes in later.
3) Approach and apprehend the driver of the suspect car as soon as his identity and
whereabouts are ascertained.
4) Place the driver in a defensive position by properly directed questions upon
approach