The Investigation of Accidents

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The Investigation of Accidents A
PerspectiveBennie van RooyenEMPD
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Introduction

• The investigation of accidents in South Africa is
  not on a sound basis.
• No clear indication of whose responsibility this
  is.
• The following role players are involved
• SAPS,
• Provincial Traffic Departments as well as
• Local Traffic Departments
• No real legislative investigative powers in
  respect of traffic authorities. Road Traffic Act
  is silent.
• When does an investigation commences?

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ROAD TRAFFIC ACT 1996.

• Regulation 61 of the RTA prescribes what happens
  in the event of an accident. (Duty of driver in
  event of accident.)
• Section 11 of the RTA prescribes the duties of a
  traffic (metro police officer).
• No legal mandate for accident investigation.
• SAPS national standards for metro police
  departments.

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INVESTIGATION OF CRIME.

• The investigation of crime is a legislative
  mandate that rests with the SAPS.
• Accident investigation can be defined as-
• The use of physical and mathematical techniques
  to evaluate physical evidence at an accident
  scene coupled to what witnesses have seen. It is
  therefore not merely writing down a few details
  and the clearing of the roadway.

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INVESTIGATION OF CRIME. (Cont.)

• Our law enforcement officers are hopelessly
  ill-equipped to deal with accident investigation.
• Training during compulsory training-elementary.
  

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INVESTIGATION OF ACCIDENTS.

• 90 of accidents are caused by human error. (Most
  can be related to a traceable offence.)
• Very few errant motorists are prosecuted for
  accident causative violations. Your chances of
  being prosecuted for an offence is much greater
  than being prosecuted after an accident.
  Motorists literally get away with murder on
  our roads.

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INVESTIGATION OF ACCIDENTS (Cont.)

• High profile accidents may perhaps receive more
  attention from SAPS.
• Forensic vehicle investigators almost
  non-existent.
• The quality of accident reports sub-standard and
  often incomplete.
• The collation of accident statistics on a
  national basis in a mess. Access to accident
  statistics almost impossible.

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INVESTIGATION Cont.

• Backlogs of 45000 accident reports not uncommon.
• Accident statistics not used for the effective
  deployment of law enforcement officers.
• Engineers most of the time ignorant about
  accident causation.

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INVESTIGATION Cont.

• Many officers avoid accident scenes. (Failure to
  respond)
• Response times unacceptably long. (gt45min)
• Protection and preservation of evidence-no
  appreciation of its value. (Emergency services,
  vehicle recovery services) - evidence
  eradicators.
• Critical shortage of experts in law enforcement
  agencies.

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INVESTIGATIVE PHASES.

• 3 Phases in the accident investigation process
• Recording phase
• Investigative phase
• Reconstruction phase.
• All three phases are equally important.

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RECORDING PHASE.

• Accident response.
• Accident scene-incident management.
• Scene protection.
• Medical response.
• Commencement of recording phase.
• Training focus basic training to intermediate
  level.
• Information gathering reporting.

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INVESTIGATION PHASE.

• Training intermediate to advanced.
• Analytical approach.
• Preservation of evidence.
• Determination of causative factors.
• Photographic evidence.
• Basic calculations determine preliminary speed.

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RECONSTRUCTION PHASE.

• Advanced training required.
• Plan drawing.
• Applied mathematics and laws of physics.
• Reconstruction reports.
• Determination of pre-accident factors.
• Preparation of files for police and judiciary.
• Expert testimony.

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DETERMINING SPEED.

• VARIOUS METHODS, such as
• Skid marks.
• Impact analysis.
• Conservation of linear momentum.
• Time distance relationship.
• Vaults and flips.
• On-board computer analysis.
• Vehicle characteristics/gear position/speedometer
  reading etc.

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SPEED WHO OFFENDS AND WHY?

• Motorists will obey based on the following-
• Instrumental compliance-the threat of penalties
  for social control to provide a deterrent.
• Social compliance-the threat of sanctions (or
  rewards) from friends, family or peers.
• Normative compliance-a persons assessment that a
  law is just or moral. (PACTS)
• Law enforcement agencies focus primarily on
  instrumental compliance.

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SPEED - STUDY

• The factors listed which determine whether a
  driver will offend
• the chance of being caught.
• the chance of being penalized and to what degree.
• financial considerations.
• the social stigma or peer approval to the
  offending or getting caught.
• risk of injury/damage attached to the offence.
• gains in time or convenience.
• enjoyment derived from offending behaviour.

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POST ACCIDENT PROCEDURES

• The unprofessional state of accident
  investigation has precipitated a situation where
  your chances of being caught for a traffic
  offense are much higher than being prosecuted for
  an offense preceding or causing an accident.

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POST ACCIDENT PROCEDURES (Cont.)

• Instrumental compliance suffers as a result of
  this incompetence of the law enforcement agencies
  to prosecute offenders after an accident.
• Focus currently on general enforcement/speeding.
  

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ACCIDENT SCENE/CRIME SCENE?

• Accident scenes should be regarded as crime
  scenes. (legal requirements)
• Officers are more focused on clearing a scene
  than on the traffic (crime) related aspects!
• Training and procedural guidelines are
  non-existent and not standardized.

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ACCIDENT SCENE/CRIME SCENE? (Cont.)

• Possibility of suicide?
• Cordoning off protection until investigators
  complete the on-scene investigation.
• Control the actions of evidence eradicators.

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RESOURCES

• EMPD unit 8 investigators
• 2 reconstructionists
• JMPD unit 7 investigators reconstructionists
  
• TMPD unit 11 investigators
• 2 reconstructionists
• GTI Investigators - 0 reconstructionists

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RESOURCES (Cont.)

• SAPS investigators - 4 reconstructionists
• TOTAL FOR GAUTENG 34
• Provincial traffic officers generally do not
  attend to or record accident scenes.

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PRIVATE vs. OFFICIAL.

• There are more reconstructionists in private
  practise than in law enforcement agencies. The
  level of expertise does not weigh up
  satisfactorily.
• Private reconstructionists- primarily involved
  with RAF cases.
• This inequality cannot continue.
• We require high profile prosecutions- backed up
  by professionally trained police experts and
  prosecutors.

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INSTITUTIONAL DEFICIENCIES.

• Not enough attention to accident investigation.
  Resource allocation.
• Training opportunities almost non-existent.
• Standard operating procedures- inefficient.
• Investigative manual non-existent.
• Career-pathing not clear.
• Forensic vehicle inspection. Scarce and
  expensive.
• Budgeting whose responsibility?

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PROPOSALS.

• Accident investigation must be prioritised.
• Memorandum of agreement Traffic enforcement
  agencies and SAPS.
• Formalise a training regime.
• Develop standards.
• Media exposure.
• Independency to be guaranteed.

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PROPOSALS (Cont.)

• Eliminate the perception of a motorist that
  he/she will escape prosecution as a result of
  accident causative offences.
• Minimise the perception that accidents are
  primarily a case for insurance companies and the
  Road Accident Fund.
• Develop forensic investigation capability.
• Invest in expert testimony training.

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Intra-personal remedies

• Take responsibility for your own safety/driving
• Learn to control anger (road rage)
• Comply with road rules
• Carry this message to your family (set example)

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Inter personal remedies

• Training programs for your employees
• Promote road safety
• Post-accident investigation / interventions
• PTSD Check symptoms
• Get involved with centres catering for victims of
  accidents

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CONCLUSION.

• It is relatively easy to determine minimum speed
  in the majority of accidents.
• Training is required to ensure that we prosecute
  as many as possible motorists who contravene road
  rules and get involved in accidents.
• This should not be restricted to a few high
  profile accidents reported in the media.

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DISCLAIMER.

• The views expressed in this presentation are my
  own and does not reflect the official view of the
  Ekurhuleni Metropolitan Police Department.
• BENNIE VAN ROOYEN.
• AUGUST 2004.

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THANK YOU!!