Traffic Accident Investigation PDF

TRAFFIC ACCIDENT INVESTIGATION BASIC CONCEPTS Traffic - movement of vehicles along a route where passengers and cargoes are carried by transportation Accident (legal definition) - that which happens by chance or fortuitously, without intention and design, and which is unexpected, unu...

TRAFFIC ACCIDENT INVESTIGATION BASIC CONCEPTS Traffic - movement of vehicles along a route where passengers and cargoes are carried by transportation Accident (legal definition) - that which happens by chance or fortuitously, without intention and design, and which is unexpected, unusual and unforeseen There is no criminal liability in accident provided, the following requisites or elements under the law must be satisfied: 1. performance of a lawful act 2. with due care 3. causes injury to another by mere accident 4. without any fault or intention of causing it Traffic Accident Elements of traffic accident 1. The vehicle involved 2. The highway 3. The road user Key Events in a Traffic Accident Key Event – characterizes the manner of the occurrence of the traffic accident. It determines the time, place, and type of accident. 1. Point of Possible Perception – is the place and time at which the unusual or unexpected movement or condition could have been perceive by a normal person 2. Delay in Perception or Perception Time - time between the point of possible perception and actual perception 3. Prompt Perception - perception of hazard which is actually nearly the possible accident 4. Maximum Delayed Perception - occurred when the traffic unit does not sense a hazard until he hits another vehicle 5. Point of No Escape - place and time after or beyond which the accident cannot be prevented by the traffic unit under consideration 6. Point of Impact - point of initial contact, sometimes it is considered the point of maximum engagement or center of force 7. Final Position - place and time when the object involved in the accident finally come to rest without application of power Kinds of Traffic Accidents Motor Vehicle Traffic Accident - any motor vehicle accident occurring on a traffic way Motor Vehicle Non-Traffic Accident - any motor vehicle accident which occurs entirely in any place other than a traffic way Non-Motor Vehicle Traffic Accident - any accident occurring on a traffic way involving persons using the traffic way or travel or transportation, but not involving a motor vehicle in motion Chain of Events in a Vehicular Accident 1.Perception of hazard – is seeing, feeling, or hearing and understanding the usual or unexpected movement or condition that could be taken as sign of the accident about to happen 2.Start of evasive action – is the first action taken by a traffic unit to escape from a collision course or otherwise avoid a hazard 3.Initial Contact – is a first accidental touching of an object collision course of otherwise avoid a hazard 4.Maximum Engagement – is greatest collapse or overlap in a collision the force between the traffic unit and the object collided with - are greatest at maximum engagement 5.Disengagement – is separation of a traffic unit in motion from an object with which it has collided. Force between the object ceases at this time 6.Stopping – is coming to rest. It usually stabilizes the accident situation 7.Injury – is receiving bodily harm Traffic Control - process of utilizing devices such as traffic signs, pavement markings and traffic islands including the enforcement of laws to speed up traffic and ensure safety on the roadway Traffic Signs - devices on mounted supports placed on roadways giving message of danger on the road, regulations and information regarding paths and destinations  Types of Traffic Signs 1. Warning/Caution Signs - caution motorists of danger at a certain part of the taffic way 2. Regulatory Signs - convey restrictions, prohibitions and instructions on road ways which motorists are obliged to comply 3. Information Signs - provide messages on proper road routes, directions and place of destinations Traffic Islands - solid areas constructed on the roadway to segregate pedistrians from MVs and MVs moving in opposite direction Traffic Island.... 1. rotary island 2. channelling island 3. division island Pavement Markings - lines, patterns or symbols on pavement surface of the roadway, on the curbs and on any solid objects on the roadway purposely to regulate, warn and guide motorists and pedestrian Pavement Markings...... Object Markings - are painted on fixed poles, and on vertical ends of bridges and ports to avoid accidents Reflectorized Markings - are used to mark hazardous areas and also used as delineators or road limits, these delineators are aids especially during night driving, particularly when the alignment of a road changes and might confused the operator of the vehicle. Striped Curb Markings - are markings used in traffic islands in order to warn the driver of the traffic island on the road and aids the motorist to its traffic lane Painted Crosswalk - are placed at intersections and other places where there is considerable pedestrians traffic to provide pedestrians with safety zones when crossing Broken White Lines - is used to define or separate traffic lanes Solid White Line - is used to separate opposing streams of traffic Solid Yellow Line - is your driving lane prohibits you from passing other vehicles Double Yellow Line - indicates two way traffic; were crossing of pedestrian and motorist is not allowed. It separates the opposing flow of traffic Broken Yellow Lines - is a two way/highway which means no overtaking or passing is permitted only when the road ahead is clear Stop Line – it indicates where stop should be made Traffic Lights - a set of automatically operated coloured lights, typically red, amber, and green, for controlling traffic at road junctions, pedestrian crossings, and roundabouts PILLARS OF TRAFFIC 1. TRAFFIC ENGINEERING 2. TRAFFIC EDUCATION 3. TRAFFIC ENFORCEMENT - Traffic Arrest - Issuing Temporary Operator’s Permit or Traffic Violation Receipt - Traffic Warning Five (5) Essential Steps in the Enforcement Process 1.Detection (of violation) 4.Adjudication 2.Apprehension 5.Penalization 3.Prosecution 4. TRAFFIC ENVIRONMENT/ECOLOGY 5. TRAFFIC ECONOMY Motor Vehicle - shall mean any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles which run only on rails or tracks, and tractors, trailers and traction engines of all kinds used exclusively for agricultural purposes Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating Articulated vehicle - shall mean any motor vehicle with a trailer having no front axle and so attached that part of the trailer rests upon motor vehicle and a substantial part of the weight of the trailer and of its load is borne by the motor vehicle Classification of Motor Vehicles 1. Public Utility Vehicles/For Hire 2. Private 3. Government 4. Diplomat Plates For For Hire - Yellow background, black markings For Private - White background, black markings For Government - White background, red markings For Diplomats - White background, blue markings Vanity License Plates - Premium Edition( P25, 000.00) - Select Edition ( P10, 000.00) Protocol License Plates/Low-Numbered License Plates - EO 400 1 - President 2 - Vice President 3 - Senate President 4 - Speaker of the House of Representative 5 - Chief Justice of the Supreme Court 6 - Cabinet Secretary 7 - Senators 8 - Congressman 9 - Associate Justices of the Supreme Court 10 - Presiding Justice and other Justices of the Court of Appeals 11 - COMELEC Chairman 12 - Cabinet Undersecretary 13 - Solicitor General 14 - AFP Chief of Staff/PNP Chief 16 - RTC Judges 17 - Judges of MeTCs, MTCs, Sharia Courts Driver - shall mean every and any licensed operator of a motor vehicle Professional Driver - shall mean every and any driver hired or paid for driving or operating a motor vehicle, whether for private use or for hire to the public Driver’s License..... Student Permit - at least 17 yrs. old - 18 yrs. old for foreigners and must have been in the Philippines for at least 1 year from date of application Non-Professional Driver’s License - at least 18 yrs. Old - holder of SP issued at least 30 days prior to the application - for foreigners, must have been in the Philippines for at least 1 month with proof that he/she will stay in the country for at least 1 year from date of application Professional Driver’s License - at least 18 years old - For RC 1,2,4 and 6 - Must be a holder of a valid SP issued at least six (6) months prior to the application - For RC 3,5,7 and 8 - Must be a holder of a valid NPDL issued at least one (1) year prior to the application or PDL holder with RC 1,2,4 and 6 for a period of at least six (6) months prior to the application - Clearance that the applicant has not been convicted of any offense involving moral turpitude or reckless imprudence resulting from reckless driving from NBI and PNP Restriction codes based on gross vehicle weight (GVW) 1 – Motorcycles/ Motorized Tricycles 2 – Vehicle up to 4500 KGS GVW 3 – Vehicle above 4500 KGS GVW 4 – Automatic clutch up to 4500 KGS GVW 5 – Automatic clutch above 4500 KGS GVW 6 – Articulated vehicle 1600 KGS GVW and below 7 – Articulated vehicle 1601 up to 4500 KGS GVW 8 – Articulated vehicle 4501 KGS and above GVW Vienna Convention on Road Traffic (May 21, 1977) - designed to facilitate international road traffic and to increase road safety by establishing standard traffic rules Traffic Patrol Types/Kinds of Traffic Patrol 1. Line Patrol – Conducts observation either in moving or stationary observation at a certain route or point of a major street in a city 2. Area Patrol – Conduct observation either by moving patrol or stationary observation in a certain area, which included a number of streets roads or sections of a highway  3. Stationary Observation – Observation of traffic conditions of a selected place, usually one with unfavorable accident experiences for traffic law supervision. Stationary observation may be conspicuous, visible or concealed, depending upon the location of the patrol unit in relation to the street under observation 4. Conspicuous Observation – Stationary observation in which the observer remains in full review of traffic conditions  5. Visible Observation – Stationary observation in which observer is full view 6. Concealed Observation – Stationary observation in which the observer is not visible to persons using ordinary power of observation form the roadway being observed. Traffic way - entire width between boundary lines of every way or place of which any part is open to the use of the public for purposes of vehicular traffic as a matter of right or custom Roadway - the portion of a traffic way which is improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder Right of Way Rule - determines whether or not a driver can proceed or should give way to fellow motorist - e.g. a. Emergency vehicles has the right of way b. Vehicles who arrived at an intersection before you has the right of way c. If two cars get to an intersection at the same time, the one at the right has right of way d. Passing cars on a public road has right of way than from a driveway e. Pedestrian has always right of way Hit-and-run - evading responsibility in case of traffic accident *No driver of a motor vehicle concerned in a vehicle accident shall leave the scene of the accident without aiding the victim, except under any of the following circumstances: a.If the driver is imminent danger of being seriously harmed by any person or persons by reason of the accident b.If the driver reports the accident to the nearest officers of the law c.If the driver has to summon a physician or nurse to aid the victim Two (2) Important Considerations 1.The driver who flees the scene of an accident is not necessarily the driver responsible for the accident 2.The hit-and-run driver often will report the damage to his own vehicle as having been the result of another hit-and-run accident in which some “other mysterious driver” fled without identifying himself. Elements of Hit-and-Run 1.Suspect must be the one driving the vehicle at the time of accident 2.Suspect was involved in an accident resulting in death, personal injury or damage to property 3.Suspect failed to stop, give aid or information as to his identity to other person(s) involved 4.Suspect had knowledge of the accident Carnapping (RA 10883 - New Anti-Carnapping Act of 2016) - taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means violence against or intimidation of persons, or by using force upon things - 20 years, 1 day - 30 years - 30 years, 1 day - 40 years - life imprisonment - death or rape Defacing or Tampering with serial numbers - altering, changing, erasing, replacing or scratching original factory inscribed serial number on the MV engine, engine block or chassis of MV Body building - replacing entire body with new body Dismantling - tearing apart, piece by piece or part by part of a motor vehicle Identity tranfer - act of transferring the engine number, chassis number, body tag number, plate number, and any other identifying marks of a MV declared as total wreck or is beyond economic repair Overhauling - cleaning or repairing the whole engine Repainting - the act of changing the color of the MV Remodeling - the act of modifying the external appearance of a MV Total Wreck - state or status of a motor vehicle being inoperational or beyond economic repair due to the extent of damage in ist body, chassis and engine after a vehicular accident or other incident Unlawful transfer or Use of vehicle plates - presumed illegally tranferred when MV plate does not correspond with that appearing in the certificate of registration Quasi-Delict/Culpa Aquiliana - refers to a negligent act or omission which causes harm or damage to the person or property of another, and thus exposes a person to civil liability as if the act or omission was intentional - used to designate those obligations which do not arise from law, contracts, quasi-contracts or criminal offense **Who are liable in traffic accident? Legal Basis - Article 2176 of the Civil Code of the Philippines, which provides, “Whoever by act or omission causes damage to another, there being fault of negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre- existing contractual relation between the parties is called quasi-delict  - Article 2180 of the same code states, “The obligation imposed by Article 2176 is demandable not only for one’s own act or omissions, but also for those of persons for whom one is responsible.” **Pursuant to Article 2180, the ff. persons are liable 1. The father and, in case of his death, the mother, are responsible for the damages caused by the minor children who live in their company 2. Guardians are liable for damages caused by minors or incapacitated persons who are under their authority and live in their company 3. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their function 4. Employers are liable for the damages caused by their employees even though the former are not engaged in any business or industry  - Article 2185 of the Civil Code of the Philippines states, “Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation.” Last Clear Chance - a person who has last clear chance or opportunity of avoiding an accident, notwithstanding the act of his opponent or the negligence of a third person which is imputed to his opponent is considered in law solely responsible for the consequences of the accident Assumption of Risk - defence where the plaintiff knowing the dangers involved had voluntary assumed the risk of injury and therefore foresee the impending harm that will result if he continues Culpa Criminal/Criminal Negligence Reckless Imprudence - consists in voluntary, but w/o malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act  Simple Imprudence - consists in lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest/not openly visible State of Necessity - there is state of necessity even if the injury to a person results in his death, because self-preservation always makes the actor feel that his own safety is greater than that of another Elements or requisites under the law 1. the evil sought to avoided actually exists 2. the injury feared be greater than that done to avoid it 3. that there is no other practical and less harmful means of preventing it Temporary Operator's Permit - valid for 3 days - issued to apprehended violator/driver at the site of apprehension - MC # 515-2004 Impounding Receipt of MV - issued if MV is impounded Technical Impounding - confiscation of both driver's license and the two license plates at the time of apprehension instead of impounding the MV Admitted case - apprehended driver/violator admitted the violation cited in the TOP Contested Case - apprehended driver/violator signifies to oppose the violation indicated in the TOP Skid Marks - marks caused by tires on roads which occur when a vehicle wheel stops rolling and slides or spins on the surface of the road Scuff Marks - signs left on the road by tires that are sliding or scrubbing while the wheel is still turning Gouge - cut or groove left on the road or on any surface of the vehicle Rut - deep, narrow mark made in the ground by the wheels of the vehicle Transfer Evidence - it is an evidence found at the accident scene that will connect to the suspected vehicle and with the crime scene Traffic Accident Investigation - 5 Ws, 1 H Sketches - helps explain the accident - help investigator reveal facts - locate any given point at the scene - serve as basis for accurate scale drawing Measurements - Triangulation Method - Coordinate method Photographs - visual documentation of the scene and location of evidence - used for scene reconstruction PD 207 - declaring as part of the laws of the Philippines the Vienna Conventions on Road Traffic and Road Signs and Signals PD 1911 - a law authorizing the disposal of unclaimed recovered and impounded carnapped motor vehicles EO 202 - creating the LTFRB RA 8749 - Clean Air Act RA 8750 - Seat Belt Law RA 7924 - creating the MMDA RA 10913 - Anti-Distracted Driving Act - that prohibits motorists from using communication devices and other electronic entertainment and computing gadgets while vehicles are in motion or temporarily stopped on a traffic light or an intersection RA 10916 - Road Speed Limiter Act of 2016 RA 10666 - Children’s Safety on Motorcycles Act of 2015 RA 10054 - Motorcycle Helmet Act of 2009 RA 10586 - Anti-Drunk and Drugged Driving Act of 2013 RA 10930 - Extending the validity period of driver’s licenses Thank you!!!