TRAFFIC MANAGEMENT MODULE

CHAPTER 9
TRAFFIC ACCIDENT INVESTIGATION

Objectives:
• Develop understanding in Traffic Accident Investigation.
• What are the 3 Tools in Investigation?

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 a traffic accident,
everybody knows what you mean, something went wrong on the traffic way, either a car
is wrecked, somebody is injured or possibly killed. In these regards as a traffic law
enforcer, you should know about the traffic accident and the relevant investigation
procedures.

Every traffic accident investigator is conclusively presumed to know the law This
presumption is very far from reality but it has been established because of the obligatory
force of law. But it can be said without fear of contradiction, that this knowledge of the law
is often forgotten at the moment when most needed. And what is tragic, is when through
ignorance, an innocent man shall be placed behind bars, and as a consequence, the
victim suffers an irreparable injury which remains his stigma of a lifetime. These are but
a few of the painful concrete realities, which must be confronted and resolved with
unflinching courage, in a reasonable span of time. The tri-pronged conflict between the
man-machine and the traffic investigator.

THE TRAINING

Training, as one of the foundations of investigation, Is concededly a vital ingredient

in the creation of a total investigator. As one writer said, "Training is the road to freedom
from the bondage of ignorance" Ignorance, therefore, is unwanted merchandise in the
field of investigation. Thus, training to be effective is likened to a seed, which germinates
only on fertile soil, it becomes fruitful only on men with fertile and prolific minds.

Fish cannot survive without water, similarly, an investigator cannot thrive in the
intricate arena of investigation without training Experience alone does not make one a
good investigator Many who had been hostage this ng notion often ended in jeopardy The
ideal gal partnership is training and experience The fusion of best training and vast

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experience is a formidable force that can thwart even the most sophisticated technology
of syndicated crimes.

Training does not only make the man. it creates a new bread of man, a total
investigator Training serves as the Food of the brain, nourishment of physical
rejuvenation, nutrient to moral fiber and quenches the thirst of the soul.

As a motivating force, training can influence the minds and actions, hopes and
aspirations ideas, and convictions of its clientele

THE ATTRIBUTES OF AN INVESTIGATOR:

The investigator should possess the wisdom of Solomon, the kindness of Job, the
leadership of Moses, the strategy of Alexander, the great faith of David, the diplomacy of
Lincoln, and the reliance of the Carpenter of Nazareth.

This is a dream, an impossible dream, but an obtainable obsession. If an

investigator possesses these attributes, then there will be no perfect crime An investigator
is a protector and not the oppressor He is part of the solution and not the problem. One
who can hurdle the plethora (over fullness) of social foes.

The community as a whole expected that the traffic accident investigator must
have the essence of perfection sympathetic, courteous, intelligent, honest, and
possessed of control of his emotion and the highest sense of dedication to duty.

This new breed of investigator can only emerge when in possession of rare traits
considered as a good mark of a total investigator, to wit:

• MANAGERSHIP - This is a skill attributes to an investigator that can demonstrate

managership of risk to stand to what is right.
• ABILITY - This one a total of skill and competence in the field of investigation He
must possess a high level of intelligence is coming to a final summary of the issue
and also an exceptional degree of competence in technique and strategy to
counteract both natural or legal barriers of the complexity of criminal prosecution.
• CHARISMA - This implies simplicity in words, action, and behavior of the
investigator which have a natural attraction for people.
• ADAPTABILITY - This refers to one act, behavior, or mental state in harmony with
his environment. One that can keep pace with the tempo of technological
advancement.
• SINCERITY - suggest the complete absence of hypocrisy, artificiality, falsification,
and embellishment in the interpersonal relationship. 1 denote sensitivity to the
needy and suffering of the crime victim

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• INTEGRITY - This one cannot be earned overnight It must be reaped through

years of dedication, interest, and sacrifices.
• ACCURACY - This is a science of art. It portends to be precise, exact, and
accurate.
• NEUTRALITY - Maintain impartiality in cases involving the rich or poor.
• OPTIMISM - The investigator must have a kind of strength of character with the
firm resolve that the guilty must be placed behind bars and the innocent be set
free.

DEFINITION OF TERMS:

INVESTIGATION - It is an art, which deals with the identity and location of the criminal
offender and the gathering and providing evidence of his guilt in criminal proceedings.

INVESTIGATOR - He is a skilled person who is charged with the duty of conducting a

criminal investigation when a crime is committed.

THE 3 TOOLS /I'S OF INVESTIGATION

1. INFORMATION - it is the knowledge or facts, which the investigator had gathered

or acquired from persons or documents, which are pertinent or relevant concerning
the commission of a crime or criminal activities.
• INFORMATION CLASSIFIED AS TO SOURCES:
• Regular Sources - records, files from government or non-
government agencies, news items. The bulk of information of this
nature is a news item. Included also are news or TV broadcast,
intercepted radio, telephone messages, and stored computer data.
• Cultivated Sources - information furnished by informants or
informers.
• Grapevines Sources - these are information coming from the
underworld characters such as prisoner ex-convicts.
2. INTERVIEW AND INTERROGATION
• INTERVIEW - It is the simple questioning of a person who cooperates with
the investigator These are the witnesses who voluntarily give their accounts
about the commission of a crime or accidents
• INTERROGATION - It is the process of obtaining admission or confession
from those suspects to have committed a crime or accident. It is
confrontational, which means that the suspect is confronted about his
participation in the commission of the offense or accident. The investigator
confronts the suspects with the testimonies of witnesses and the physical

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evidence gathered or any adverse information pointing to the suspect as

the author of the crime The Term interrogation also applies to an
uncooperative or recalcitrant witness This kind of witness is treated as a
suspect so that he will divulge the information needed by the investigator.
• FIELD INQUIRY - It is the general questioning of all persons at the crime
scene/traffic accident scene conducted by the investigator. There is no need
to warn the person questioned about Republic Act #-7438 because this is
not a part of the custodial investigation. Any confession or admission taken
thereto is admissible in evidence.
3. INSTRUMENTATION - it is the process of applying instruments or tools of the
police science in criminal investigation and detection. The use of the police
laboratory in the examination of physical evidence, such as Forensic Ballistics and
other sciences This is sometimes called criminalistics.
• RECURRING QUESTIONS - These are the recurring questions that shall
be asked by the investigator on witnesses, suspects, informants, and
informers, during the phase of interview and interrogation. The mental and
physical reconstruction of how the crime or accident was committed, these
questions will preoccupy the mind of the investigator. The result of
instrumentation may answer some of the questions not answered by
witnesses, informants, informers, or suspects When all of these questions
are fully and satisfactorily answered leaving no doubt, then and only then
that there is full disclosure of the whole truth.
• TRAFFIC - it is the movement of traffic units in a public thoroughfare
• NON-TRAFFIC - it is a movement of traffic units in traffic way other than the
public thoroughfare.
• ACCIDENT - Any chance event or unexpected happening causing
catastrophe, suffering or death, and property damage. It is also defined as
that occurrence in a sequence of events that usually produces unintended
injury, death, or property damage.
• TRAFFIC ACCIDENT - It is an accident involving travel transportation in a
traffic way.
• NON-TRAFFIC ACCIDENT - It is an accident involving travel transportation
on a traffic way other than the public thoroughfare.
• MOTOR VEHICLE ACCIDENT- Any accident that results in unintended
injury or property damage attributed directly or indirectly to the motion of a
motor vehicle on a road.

INCLUDED ARE:

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1. An accident injury from inhalation of exhaust gas.

2. Discharge of firearm within the motor vehicle while in motion.
3. The collision between a motor vehicle and railroad train or streetcar on
stationary rails or trucks.
4. Fires
5. Explosion
6. Failure of any parts of the motor vehicle while it in motion

EXCLUDED ARE:

1. Collision of a motor vehicle with an aircraft or water craft in motion

2. Injury or damage due to cataclysm (Flood or sudden physical change of
earth's surface)
3. Injury or damage while the motor is on or unloaded from another
conveyance.
• MOTOR VEHICLE TRAFFIC ACCIDENT - This is any accident that occurs on a
traffic way or that occurs after the motor vehicle runs off roadways but before
events are stabilized.
• MOTOR VEHICLE NON-TRAFFIC ACCIDENT - is any motor vehicle accident
occurring entirely at a place other than on a highway. (e.g. accident in private road
or driveway)
• NON-MOTOR VEHICLE TRAFFIC ACCIDENT - is any accident occurring on a
public traffic way involving persons using vehicle or transportation, but not
involving a motor vehicle in motion (eg pedestrian and cyclist in a public road.)
• NON-MOTOR VEHICLE NON-TRAFFIC ACCIDENT - is any accident occurring
on a private traffic way involving persons using vehicle or transportation. but not
involving a motor vehicle in motion (eg pedestrian and cyclist in a private road)

CLASSIFICATION OF MOTOR VEHICLE TRAFFIC ACCIDENT ACCORDING TO KEY

EVENT:

• Running off-road
a. Motor vehicle in traffic
• Non-collision on road:
a. Overturning
b. Other non-collision

Collision on road with Motor Vehicle versus

a. Other motor vehicle in traffic

b. Pedestrian

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c. Parked motor vehicle

d. Railroad train
e. Bicycle
f. Fixed Object
g. Other objects

CAUSES OF MOTOR VEHICLE TRAFFIC ACCIDENT

Simultaneous factor:

a. Road conditions
b. Driver's attitude or behavior
c. Weather conditions

Sequential factor:

a. Speed is greater or less than safe

b. Defective vehicle (vehicle malfunction)

Operational factor:

a. Road hazards
b. Driver's non-compliance to traffic laws, ordinances, rules, and regulations

Perception factor:

a. Driver’s inability to react promptly to a situation

b. Driver's faulty action to escape collision course

CHAIN OF EVENTS IN VEHICULAR ACCIDENT

• Perception of Hazard - seeing, feeling, or hearing and understanding the usual

or unexpected movement or condition that could be taken as a sign of the accident
about to happen.
• Start of Evasive Action - the first action taken by a traffic unit to escape from a
collision course or otherwise avoid the hazards. This is the reaction of the driver to
avoid a collision.
• Initial Contact - a first accidental touching of an object of collision course by a
traffic unit in motion
• Maximum Engagement - is the greatest collapse or overlap in a collision. The
force between a traffic unit and the object collided with the greatest or maximum
engagement.

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• Disengagement - the separation of traffic unit in motion from an object with which
it has collided Force between the object ceases at this time.
• Stopping or Final Position - is coming to rest. It is usually stabilizing the accident
situation. The place and time when the object involved in an accident finally comes
to rest without application of power.
• Severity of Accident - the result of the accident, either death, injuries, and
property damage.

CLASSIFICATION OF ACCIDENT ACCORDING TO SEVERITY

Fatal Accident - A road accident in which at least one person was killed or died as a
result of the accident within 30 days of the accident

Non-Fatal Accident - A road accident that results in injuries other than fatal (death) to
one or more persons.

a. Minor Injury Accident - A road accident in which at least one person was
injured not requiring medical treatment.
b. Serious Injury Accident - A road accident in which at least one person was
injured and admitted to hospital.

Property Damage Accident - is any motor vehicle accident where there is no death or
injury to a person but only to the motor vehicle or other property including injury or death
to the animal

NOTE: The Accident Severity is the severity of the most seriously injured casualty Hence
if in an accident 20 people sustain minor injuries and one sustains serious injuries the
accident severity would be Serious.

RIGHT OF THE PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL

INVESTIGATION

Republic Act Number 7438

April 27, 1992

• The right to remain silent

• The right to have competent and independent counsel, preferably of his own
choice, who shall at all times be allowed to confer privately with the person arrest,
detained, or under custodial investigation.
• If such a person cannot afford the service of disowning counsel, he must be
provided with competent and independent counsel by the investigating officer.

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• Shall be allowed visits by or conferences with any members of his immediate

family, or any medical doctor or priest or religious minister chosen by him or by
any member of his immediate family or by his counsel or by any national non-
governmental organization duly accredited by the Commission of Human Rights
of by any international non-governmental organization duly accredited by the
Office of the President.

Note Immediate Family includes:

Spouse Fiance or Fiances Parent

Child Brother Sister

Grandparent Grandchild Uncle

Aunt Nephew Niece

Guardian Ward

THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICER

Pursuant to Republic Act # 7438 provides that any public officer or employee, or
anyone acting under his order or in his place, who arrested, detained, or investigate any
person for the commission of an offense shall inform the latter of the following to wit.

a. His rights as provided for under RA 7438 in a language known to and understood
by him,
b. The custodial investigation report shall be reduced to writing.
c. Before such report is signed, or thumb marked by the person arrested, detained,
or investigation who does not know how to read and write, under custodial.

RESPONDING TO THE ACCIDENT SCENE

When a report of a traffic vehicular accident is received, the identity of the person
who reported is noted, including his address, personal circumstances, and possibly a
contact number

THE MEANS OF THE REPORT - This is either personal appearance, by phone, or any
other means

THE TIME OF REPORT - The exact time of the report to include minutes shall be
recorded

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THE RECEIVER OF THE REPORT - The identity of the one who received the report must
be also recorded

THE TIME OF DISPATCH - The time when the Desk Officer dispatches the investigators
is also recorded together with the names of the investigator. with the means of
transportation, either by mobile car. taxi or other means.

All the above facts form part of the investigation report to be submitted by the
investigator, together with the time of arrival at the traffic accident scene.

PHOTOGRAPHING THE ACCIDENT SCENE

• GENERAL VIEW - The General view of the scene must be photographed in

different angles, showing the specific location and final resting position of the
vehicles involved and every physical evidence, discovered during the search.
• CLOSE-UP VIEW - Every physical evidence must be photographed in a close-up
view and for different angles (Particularly the damaged portion of the vehicles, if
possible, it includes the License Plate Number). And these close-up views
presentation must be enlarged in court.
• COLOR PHOTOGRAPHY - it is advisable to use the colored photograph to
enhance their effects on the senses of the Court.

SKETCHING THE TRAFFIC ACCIDENT SCENE

• SKETCH DEFINED - It is the graphic representation of the scene of the traffic

accident. With complete measurements of the relative distances of relevant which
and conditions obtaining therein
• THE GENERAL KINDS OF SKETCH:
1. Rough Sketch or otherwise known as the Initial Traffic Accident
Investigation Report (ITAIR) - Is made by the investigator at the traffic
accident scene, which is full of important details. But without the
scale of proportion. This is used as the basis for the finished sketch
2. Finished Sketch - This is a sketch with a scale or proportion and
drawn by a draftsman. The rough sketch and the finished sketch are
for courtroom presentation.

TRAFFIC ACCIDENT ANALYSIS

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The occurrences of accidents constitute a loss to society. This could be in term of

direct losses (loss of life or limb, property damage) or losses which are not immediately
apparent (loss of productivity, repair costs insurance costs. rehabilitation costs, losses
resulting from induced congestion, etc.) In as much as these losses eventually affect the
economy, there is a need to reduce the number of accidents occurring each year.

Accident Analysis is a detailed study made to determine the factors contributing to

the occurrence of accidents Proper identification of contributory factors is needed in
implementing measures to prevent the occurrence or mitigate the effect of accidents.

TRAFFIC ACCIDENT RECONSTRUCTION

It is the effort to determine from whatever information is available, how the accident
happened Describing the event of the accident, in more or less detail, is the aim of
accident reconstruction. This invoice attempting to determine, for each vehicle or
pedestrian involved, such particular as.

a. Position on the road

b. Facing or heading direction
c. Speed
d. Directional travel
e. Acceleration or deceleration
f. Rotation
Reconstruction does not try to explain why an accident happened. That would require
describing the entire combination of conditions, which would produce another identical
accident Describing why an accident happened is cause analysis rather than
reconstruction. However, reconstruction does not often suggest circumstances or
conditions that were contributing factors, that is, had they been different, the accident
would not have occurred.

RESULT OF RECONSTRUCTION

Opinions or conclusions are the product of accident reconstruction. To the extent

that reports of direct observation are available and can be depended on as facts,
reconstruction is unnecessary. But if there were no eyewitnesses of the occurrence,
reconstruction can sometimes form a useful conclusion about how the accident happened
from the results of the accident, such as marks on the road and damage to vehicles.

Accident reconstruction is a universally accepted tool in traffic accident

investigation; however, several determinants have to be resolved to prevent premature
conclusions. This is where the skill of the investigator is put to test and likewise separate
the novice from the professionals, these are:

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1. The lateral position of both man and machine on the roadway

2. Travel route of parties
3. Condition of the man on the wheel and vehicles involved
4. Weather condition and lighting
5. Road condition and range of speed
6. Laws violated by parties
7. Test the validity of the conclusion

APPROACHES TO THE PROBLEM

Although few specific rules can be set down for reconstruction traffic accidents,
certain useful approaches to the problem have been developed. Such approaches are
applicable in many typical cases, but it would be ridiculous to try to force these
approaches to apply universally. Many accident investigations have such special
requirements that an appropriate approach has to be invented Some of the steps
described below apply to every accident reconstruction problem, others are less generally
applicable.

1. State the problem or problems.

2. Review data available
3. Consider the need to obtain more data
4. Prepare a working after-accident situation map
5. Work back
6. Teat hypotheses
7. Consider whether all reported results of the accident are satisfactorily accounted
for.
8. Prepare diagrams, charts, and tables.
A person conducting reconstruction must understand certain fundamentals before he
can estimate speeds dependably by using the more common formulas or routine for that
purpose.

Most of the formulas are expressed as equations made up of letters (symbols) which
represent quantities (members). A quantity may be designed in any of the various
standard units of measurements, such as meters and seconds. The number representing
the quantity depends on the unit of measure employed.

CALCULATING SPEEDS FROM SKID MARKS

SKID MARKS AS EVIDENCE - This is useful in several ways other than as an indication
of the vehicle speed

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a. It will show if the vehicle was traveling in the wrong direction or on the wrong side
of the road
b. It will indicate if the driver failed to observe the right of way
c. It will also show if the driver did not obey a traffic signal

PROCEDURE:

A. The officers submit as evidence in measurements of the skid marks and the Court
case interprets the facts in the light of the other evidence.
a. Some courts require the assistance of an expert.
b. Measurements should be accomplished by two men.
c. Sketches and photographs with measurements indicated should be
made soon after the accident.
B. Some Police Departments have their officers skid a vehicle to a stop from the legal
speed limit if this can be done safely, and compare the skid marks with those in
the accident scene.
C. Some would conclude tests based on physical calculation.

TOPIC LINK FOR VIDEO

TRAFFIC ACCIDENT
https://www.youtube.com/watch?v=uEaox994oLs
INVESTIGATION STEPS

RAFFIC MANAGEMENT AND

https://www.youtube.com/watch?v=zNfxfrIFbBA
ACCIDENT INVESTIGATION

Traffic Accident Investigation

https://www.youtube.com/watch?v=myCREQmC5Go
Procedure

References:
Traffic management and accident investigation.
Deliso, Darlito Bernard 2014

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