The Investigation of Accidents – A Perspective

Bennie van RooyenEMPD

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?

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.

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.

INVESTIGATION OF CRIME. (Cont.)

• Our law enforcement officers are hopelessly ill-equipped to deal with accident investigation.

• Training during compulsory training:-elementary.

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.

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.

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.

INVESTIGATION –Cont.

• Many officers avoid accident scenes. (Failure to respond)

• Response times unacceptably long. (>45min)

• 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.

INVESTIGATIVE PHASES.

• 3 Phases in the accident investigation process:– Recording phase– Investigative phase– Reconstruction phase.

• All three phases are equally important.

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.

INVESTIGATION PHASE.

• Training – intermediate to advanced.

• Analytical approach.

• Preservation of evidence.

• Determination of causative factors.

• Photographic evidence.

• Basic calculations – determine preliminary speed.

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.

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.

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.

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.

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.

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.

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.

ACCIDENT SCENE/CRIME SCENE? (Cont.)

• Possibility of suicide?

• Cordoning off – protection until investigators complete the on-scene investigation.

• Control the actions of evidence eradicators.

RESOURCES

• EMPD unit:8 investigators

2 reconstructionists• JMPD unit: 7 investigators

reconstructionists• TMPD unit: 11 investigators

2 reconstructionists• GTI Investigators - 0 reconstructionists

RESOURCES (Cont.)

• SAPS investigators - 4 reconstructionists

• TOTAL FOR GAUTENG: 34• Provincial traffic officers generally do not

attend to or record accident scenes.

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.

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?

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.

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.

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)

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

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.

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.

THANK YOU!!