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 "Ten First Things"
To  Do  at  an Accident Scene
Written by Joseph E. Badger
Accident Reconstruction Consultant

"The 10 First Things To Do at an Accident Scene" is based mostly on Badger's personal experiences as both a State Police Accident Investigator and as an internationally known Private Reconstruction Consultant.  The series is partially based on a survey of and interviews with hundreds of active and retired Police Officers, Engineers, and Attorneys.  Joseph Badger said, "This is a "back-to-basics" series of articles; something beyond the Academy but short of Accident Reconstruction specialized training ... a street-wise version of the book learning received from an Academy ... the next step."  Joseph E. Badger said, " I wish to thank all those who contributed their time, expertise, text and/or photographs to this series of articles.  There are too many contributors to mention them all here - but they know who they are.  Thanks guys.

  8  About Joseph E. Badger    8 Introduction       8  First of Six       8  Second of Six
8
Third of Six      Fourth of Six    8 Fifth of Six 
 
Sixth of Six (Summary)  
8  Enroute    8 Upon Arrival   8  After Arriving 


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About Joseph E. Badger:

Joseph E. Badger retired in 1988, after 20 years with the Indiana State Police.  Having served as its Senior Accident Reconstructionist from 1978 until he retired, he was the agency's first officially-designated, full-time Accident Reconstructionist - and its last.   Mr. Badger is an internationally known Accident Reconstruction Consultant and is a frequent contributor to Law Enforcement publications.  He maintains his own private consulting business from his residence in Bloomington, Indiana. He may be reached:
E-mail: 
jebadger1@comcast.net.  

Prior to getting into Law Enforcement, Mr. Badger was a radio disc jockey and TV announcer over a span of 14 years.  He was a cryptographer with the U.S. Army and spent his military career in France and Germany before the Berlin Wall was built.
(A version of the following article was printed in LAW and ORDER Magazine)

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The "Ten First Things"
To Do at an Accident Scene

Written by Joseph E. Badger

INTRODUCTION

"....a street-wise version of the book learning received from an Academy" 

To prepare this article series, I thought of all of the times since I retired from active Law Enforcement with the Indiana State Police that I've had to review Police reports.  I would occasionally weep openly at what I saw.  "Maybe they just weren't listening at the academy," I'd mutter to myself.  As I began being consulted by attorneys in other states, I realized the problems were the same all over.

At first, I thought it was just me; maybe I was being too critical.  But nearly identical complaints were voiced from several fronts.  So, I contacted literally hundreds of active and retired Officers, various engineers, and dozens of attorneys who handle personal injury cases.

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 First of Six Training Articles on
"Ten First Things To Do at an Accident Scene"

What is it that Officers aren't being trained to do or have forgotten how to do when they arrive at a personal injury or fatal crash scene?

We have all learned that the top priority is to care for the injured and to protect the scene.  Then what?  ACTAR-certified Sergeant Barry Walker of the West Chester (Ohio) Police Traffic Safety Unit teaches that the 10 basic items are:

  1. Secure the scene
  2. Check for and treat injuries
  3. Prevent fires and other crashes
  4. Locate and interview witnesses and drivers
  5. Photograph the scene
  6. Field sketch and measurements
  7. Exchange information and complete the crash report
  8. Tow vehicles
  9. Re-establish traffic flow as soon as possible, especially on major roads and around rush hours
  10. Cite the violator

Walker added, "Although these seem basic, many are not done or not done well.  We have had complaints because Officers do not start off with 'Is everyone okay?' "  That may be something you can't hammer into an Officer at the academy.  He may have to feel compassion for those involved.  But, of course, before you can tend to the injured, you must get there.  Having an accident enroute to an accident just won't do.  So naturally, the first thing to do is arrive at the scene.

Actually, the first thing to do is to convince Police Chiefs, Traffic Captains, and Sheriffs that crash investigation is indeed a Police function and is not something to be left to the insurance companies.  Just because no one died, don't relegate the incident to something akin to a barking dog complaint.  Instill in each Officer that wrecks should be investigated with the same intensity as if the Officer's spouse had been one of the drivers.

Some Police Departments don't even want their Officers to take photographs if it's not a fatality.  Many agencies don't issue cameras to those who work collisions.  So, first we must have an attitude adjustment for Law Enforcement personnel who don't consider a traffic accident a top priority.

Master Trooper Kevin Fisher of the Indiana State Police advised to take photographs of the vehicles even if they're not damaged.  Fisher reminded us, "I know they are biased witnesses, but see what occupants in the vehicles are saying about the collision:

  • Driver paying attention?
  • Driver on phone?
  • Driver eating?

Sometimes a friendly passenger slips up, and the truth comes out." 

As for having insurance people investigate such matters, be aware that most insurance adjusters are lucky to have a camera, let alone the expertise to investigate a crash at the time when blood, guts, and eyeballs are scattered all over the road.  Besides, how would anyone know which insurance company to call?  And do you think your friendly neighborhood claims rep is going to respond to a traffic accident at three o'clock in the morning unless he or she knew one of his or her customers was involved?

Speaking of taking pictures at crash scenes, doesn't anyone train Officers how to take photographs anymore?  Usually someone at the recruit school teaches the basic shots you should take of the vehicles, but do they teach how to get decent night photos, especially with a digital camera?  And why do you photograph a car's damage up close, but you don't take a shot from far enough away to include a particular tree, culvert, roadside sign, or any other recognizable landmark so that the car's exact location can be discerned in the photo?

Teaching how to take photos and what photos to take should be first.

Some Officers like to mark up the scene by painting the pavement to show where certain things were (beginning and ending of skid marks, final rest of tires, etc.).  That's good, but first photograph the scene.  THEN put your paint down to mark evidence.  THEN re-photograph the scene.  If this is a nighttime accident, don't forget to come back in the morning to re-measure and re-photograph whatever you may have missed the night before.

Before you have the cars towed away, collect any evidence you need now.  If you have reason to believe that the issue of whether headlights (or taillights or turn signals) were "on" at impact, remove the lamps first before the cars are removed from the scene.  If you do it now, you won't need a search warrant later on.  And while you're at it, if the issue is "who was driving," then consider removing the brake and accelerator pedals.  Which means, of course, that you should also collect and retain the shoes of suspect drivers and passengers for comparisons later on.

And what about field sketches?  Have they stopped teaching how to make measurements with 100-foot tapes?  Most Officers don't carry surveying equipment around, and they don't have CAD programs to do their diagrams.  Remember, if you don't document the scene or gather the evidence, what are you going to do two years down the road when you're on the witness stand; and some lawyer asks you what happened?

Michael Heeden, an attorney in Rockford, Illinois, said that his biggest gripe is that "when an Officer attributes a statement to someone in the accident report, it should be specified whether or not the Officer actually heard the witness utter the words in the statement or was the Officer provided the information by someone else.  You can't believe how worthless the information in the report is if the Officer cannot recall who made the statement and if it was made in his/her presence."

Mark Gallo, retired from the Oakland County (Michigan) Sheriff's Department suggested:  "The FIRST thing you do when responding is to SLOW DOWN.  If you are arriving by the same direction of travel as one of the vehicles (if you know it), slow down and start looking for evidence at least a couple of hundred feet back from the area of impact.  For starters, you could be looking for evidence of a 'run-off, back-on' that contributed to loss of control, etc."  Gallo added, "Walk the scene from the point of view of each traffic unit.  Again, give it a couple of hundred feet; or better yet, give it a quarter mile." 

These, of course, are just some of the things you should do first.  The following text will go into more detail on the above procedures and will address what to do next.

Back to INDEX  

Joseph E. Badger is an internationally known Accident Reconstruction Consultant and a frequent contributor to Law Enforcement publications.  His E-mail:  jebadger1@comcast.net.

 


 Second of Six Training Articles on
"Ten First Things To Do at an Accident Scene"


Photographing and Painting
We have covered some of the first things to do upon arriving at a personal injury or fatal traffic accident. We have discussed slowing down during the last few hundred feet to look for evidence of such things as "where" a car may have run off the road and re-entered the roadway. 
Also mentioned was photographing the scene from far enough away to establish landmarks of the scene.  Do both before you paint-mark the evidence.

Then, as Robert Wyman of Wyman Enterprises in Florida suggests, "Get out of the car and 'paint as you go.'  Debris fields, vehicle locations, victims, fluid spills, skids, scuffs, guardrail impacts, and anything else.  Paint it all ... even if it's just a spot mark to identify an item as being part of the scene.  When everyone and everything is removed and cleaned up, the paint remains to identify all of the key points.  The points can then be measured and photographed as needed (even from the air) without any question as to which traces of physical evidence are fresh or applicable to the crash."

Wyman added, "All too often, paint is used for vehicle final rest positions and for tire marks alone. Debris fields, fluid spills, and other points of physical evidence are ignored ... or they are eradicated before the investigator has a chance to apply paint."  He advocates the use of the "paint as you go" method on all major scenes and fatalities, as it will end much of the guesswork later when a reconstruction is called for ... either by local Law Enforcement or by a private reconstructionist.

Documentation and Evidence Collection
Assistant State Attorney Elizabeth Earleywine in Rockford, Illinois, gave an excellent presentation at the Illinois Association of Technical Accident Investigators' (IATAI) 16th Annual Conference.  She said, "Upon arrival, see what's there and what's not.  What you do and what you don't do can come back to haunt you.  Keep a total and complete open mind and don't lose or destroy the notes you take at the scene."  She emphasized that when investigating a nighttime accident, "Go back the next day!  Document witness locations to verify if they could have seen what they said they saw."  As for something she'd rather you didn't do first (in the case of a personal injury or fatal accident) is write the violator a simple ticket for a minor violation.  For example, say you write the person for left-of-center, and you find out later that the violator was under the influence of alcohol or other drugs; then that violator may quickly pay a fine which may preclude you from filing formal, more serious charges later.

"First, before you are even dispatched to any accidents, according to Earleywine, "discuss policies and procedures regarding felony arrests, civil infractions, and misdemeanors with your prosecutor."

When there may be a "who was driving" issue, Earleywine also strongly urges you to collect skin, tissue, hair, and blood samples and to document exactly from where you obtained the samples.  With today's DNA technology, it's a lot easier to put a particular person behind the wheel.  (Don't forget to first "dust" the rear-view mirror and steering wheel for latent prints if you think you may have to prove who was driving.  Keep in mind that in cases of automobile occupants who have been drinking, the live one will probably say that the dead one was driving.)

George Bonnett is a former New Orleans Police Officer and has developed the Rec-Tec computer program (rec-tec.com) which was designed specifically for traffic accident investigators and reconstructionists.  He has reviewed accident reports from both sides of the situation as he has personally investigated crashes and testified in court; plus, as an attorney and recostructioninst, he's had to work from the crash reports of others.

Bonnett's practical advice on the first ten things to do at an accident scene is:

  1. Keep your mouth shut.
  2. Keep your eyes open.
  3. Keep your brain engaged.
  4. Make sure all evidence is being preserved and witnesses segregated, but available.
  5. Without forming any opinions, LOOK at all of the available evidence from the scene.
  6. Take (or have someone else take) photographs of ANYTHING you cannot absolutely eliminate as not being part of the accident,
  7. Get the names adn addresses of ALL possible witnesses to the accident including the pre-impact and post-impact phases.
  8. Try to figure out what actually happened before talking to ANY witnesses.
  9. After you have figured out what (probably) happened, talk to the witnesses and see what they "think" happened in the accident.
  10. See if anything you have learned from any of the witnesses confirms or refutes what you have figured out and what you need to confirm or refute in their statements.

Nearly all accident reconstructionists and many accident investigators have heard of 4N6XPRT System's "Expert AutoStats."  This is a computer database of automobile and light truck dimensions and specifications of vehicles from as far back as the 1930s (for some makes) to the present.  Dan Vomhof  III, one of the men behind the scenes at Expert AutoStats and with accident investigation/reconstruction experience since 1976, emphasizes that accident investigators have a number of priorities when arriving at an accident scene.  Let's assume that the emergency medical technicians (EMTs) are handling the injured, and the evidence eradication team (EET) hasn't arrived yet.  Vomhof's grocery list of things to do puts the emphasis on documentation.  Photograph and meansure!  Mark the point of rest of vehicles (all tire positions, not just two), bodies, and all potential evidence.  Mark the beginning and ending and the path of tire marks (skids, yaws, etc.).  If you question how you're supposed to mark them, spray paint has been around for years.

Photography is not expensive.  It doesn't cost much more to have twenty-four (24) photos as three (3). And, for goodness sake, get training on nighttime photography.  A huge percentage of nighttime pictures are generally rather worthless.

I recommend you join SOAR, IAARS, MATAI, IATAI, or any of a dozen other organizations that put on annual seminars for "crash investigation and reconstruction." 

Vomhof adds that you should note if there are 1, 2, 3, or 4 skidmarks leading up to and/or away from impact.  He suggests that you "look for and document (i.e., photograph) raodside conditions (trees, bushes, turned signals/signs, etc.) which may explain some of the actions/statements."

He and I agaree that Officers should list on the report a FULL description of the involved vehicles.  If all you describe is a "Blue 1987 Ford," how is anyone supposed to know what you mean?  Was it a Crown Vic., a Mustang, a Taurus, a Tempo, or an Escort?  Did it have two doors or four?  And what's the Vehicle Identification Number (VIN)?  You may ask why anyone cares about being so specific.  Good question.

Answer:  Though it isn't always necessary, sometimes accident reconstructionists need to know how much a particular vehicle weighs.  A few pounds here and there usually don't make much difference; however, several hundred pounds do.  A typical 1987 Ford Escort, 2DR Hatchback weighs in at a mere 2,074 pounds.  An '87 LTD might weigh 3,699 pounds.  And an '87 Ford Thunderbird tops the scale at 4,270 pounds.

The VIN is often important, especially after a car has been through a salvage yard, in order to find out whether it has ABS or airbags or, pherhaps, where that particular car was put together.

Dan Vomhof offers a final admonition for folks who fill out crash reports:  "Remember that others will be relying on your good work.  Depending on the seriousness and particulars of the event, follow-up reconstructionists (who were not at the scene), municipal engineers who need to figure out if they have a problem (and were not at the scene), and you (a year or more later, maybe you can't remember what the particulars are) will have to see something that you now can't figure out because you didn't write it down because it was obvious at the time.  SO TAKE PHOTOGRAPHS!!"

Back to INDEX 

Joseph E. Badger is an internationally known Accident Reconstruction Consultant and a frequent contributor to Law Enforcement publications.  His E-mail:  jebadger1@comcast.net.

 

 

 Third of Six Training Articles on
"Ten First Things To Do at an Accident Scene"

When we left off the 2nd article, we were discussing that while you're filling out the accident report at the scene, one of the first things to do - before you release the vehicle(s) - is to note the serial number, the vehicle's identificaiton number (VIN).  Unfortunately, the brand new Indiana crash report form - and many other states' forms too - doesn't include a box where the Officer can put the VIN (except and unless a commercial vehicle is involved).

Granted, there are a lot of things traffic accident investigators must do when they arrive at crash scenes.  For this series of six articles, I discuss the issue with Police Officers, private reconstructionists, and lawyers.

Deputy Mike Cherup, Hillsboro County Sheriff's Office in Florida, makes the obvious point:  "Of prime importance, of course, is to tend to the injured, protect the scene, locate drivers and witnesses, and so on." Cherup adds a suggestion regarding witnesses.  "Obtain at least a telephone number for all witnesses."  (My own practice was to write down the phone numbers and work addresses of drivers so that if I had to arrest them for failing to appear on a traffic ticket, I'd know where to find them.)

Among the lawyers who sent in their views was attorney Bill Kelley of Bloomington, Indiana, who offered this nine-word plea to investigating Officers:  "Pictures and measurements!  Pictures and measurements!  Pictures and measurements!"  He would also like for you to identify witnesses, not just put in the narrative "According to witnesses..."

Rome, Georgia, lawyer Todd Carroll asks Officers to at least make a mental note of where the bulk of debris is upon arrival at a crash site.  It was pointed out in one of his cases that large vehicles, passing the wreck scene at a good rate of speed, tend to suck it up and move it forward and to the side.

Another attorney in Bloomington, Karen Howe Fernandez, reminded me of a gripe a lot of people have about Police accident reports.  You know what place down at the bottom of the report form where it asks for the Officer's "signature"?  Well, if you're like me, no one can decipher who you are.  So print or type your name below your signature, okay?  Fernandez beseeches:  "We spend a lot of time calling Police Departments just trying to figure out whose signatures appear as responding Officers.  They're illegible!"

On my survey of hundreds of accident investigators and reconstructionists in not only the U.S., but also Canada, Australia, etc., it seems that everyone agrees that of the "Top Ten" things Officers must do at crash scenes, the primary one is documentation.

Or, as ACTAR-certified George Ogilvie puts it, "Document.  Document.  Document."  He explains:

    1. "Document - film is cheap.
    2. "Document - measureing is easy - even if you do not create a scale diagram. (Someone may have to do so later.)
    3. "Document - If a commercial vehicle is involved, latch on to the paperwork - all of the log books, bills of lading, fuel receipts, grocery receipts, toll receipts, scale records, citations, and so on."

You might not think they're important, but you never know; it could be evidence you'll need later.

Ogilvie, a retired Senior Trooper from the Oregon State Police, slips in a persoal note that he'd like me to pass along.  "It would be nice if they would teach Police Officers to return telephone calls in a timely manner.  Before retirement, I had the courtesy to return all calls as quickly as I could - even if the person I was calling was a jerk."

Attorney Matt Parmenter has a lot of Police crash reports cross his desk.  "My biggest gripe is the way Police Officers photograph vehicular accidents.  Most of their photos are worthless."

One specific complaint was, "Get relevant photos; that is, photograph vehicles from all angles (not just the license plates) [and] from a sufficient distance that you can see the [entire] side of the vehicle being photographed."

Having retired years ago from the Louisiana State Police, ACTAR-accredited Richard Fox calls to mind an assignment he received about a low-speed collision.  Upon reviewing the Police report, it seems the assigned Officer was still riding along with his Field Training Officer.  "Thus," writes fox, "when [the rookie] got to putting pen to paper, he carefully noted everything he saw on arrival.  He did not know what was wrong, but he had a gut feeling something was amiss.  Later, at the civil trial, he discovered that the two drivers knew each other.  Neither party had reported any injuries at the time; and both cars were driven away after the investigation.  This rookie Officer noted on the report that a small debris field, mostly dirt and dried mud, was found directly under the cars' bumpers; and those bumpers (one front, one back) were still in contact with each other."

Richard Fox continues, "With a judge that listened to the facts, the "plaintiff" failed to prevail.  My point is that careful documentation of the scene (evidence) is the most important facet of all investigations, crime scene or accident scene.  Since he was still 'under the microscope,' this Officer did what he thought his FTO would want him to do.  While the described set of circumstances came from a minor accident, careful documentation is more important in serious injury and fatal accidents.  That premise alone helped me establish a state government liability reduction program (1991) that paid off-duty Trooper-Reconstructionists to put a file together, in anticipation of litigation against the state (Louisiana) for alleged roadway defects."

Aric Steven Frazier, Department Chairman/Professor of Law Enforcement at Vicennes University, who teaches basic students at the Indiana Law Enforcement Academy sees three major problems regarding at-scene accident investigation.

No photographs or bad photographs taken at the scene:  "Officers are not even given cameras in some situations.  For example, Evansville PD must call out a Detective to take photos at any accident scene... [yet] they have so-called accident cars on patrol for accidents/crashes only."

    1. Officers often jump to conclusions regarding fault or causation.  " 'Just the facts, Ma'am,' as Joe Friday used to say."
    2. Often, in those rare occurrences when the investigator actually takes measurements and prepares a scale diagram, the measurements are not consistent with the scene.  "I think the Officers are getting the training.  LAZY sets in sometimes," Frazier said.  (By the way, a number of people have pleaded with me to include this:  when you do a diagram, orient it with North at the top, okay?)

Joe Sobek, physicist/engineer with Wolf Technical, is a big advocate of expanded photography.  That is, he recommends to take not only the usual pictures taken during collision investigation, but also to take "interior panoramic and exterior panoramic photos ... looking out and looking in.  And then, take approach photos from correct eye height for both (all) drivers.  Start those photos from about 10 seconds out and take them in one second increments."

The next article (4th of 6) we'll discuss more about phtography, measurements, and other things to do first when you "arrive on the scene."

Joseph E. Badger is an internationally known Accident Reconstruction Consultant and a frequent contributor to Law Enforcement publications.  His E-mail: jebadger1@comcast.net.

Back to INDEX

 

Fourth of Six Training Articles on
"10 First Things To Do at an Accident Scene"
More on photography and measurements

Probably the biggest complaint from people who actually use Police reports - and we go to the time and trouble of writing them hoping that somebody will read them and use them - is that too often there are no photographs.  And if there are, they're not very good.  Also, you'd be surprised at how many agencies don't have a good "filing method" of keeping track of the photographs.

Digital Photographs / Retrieval
And why is it that some Departments can locate hundreds of crash pictures, but they can't seem to find the ones for the case at hand?

Remember, poor pictures - or the absence of any photos at all - is a reflection on your agency in general and on you, as the investigator, in particular.  Some departments have gone to "digital" photography, but have nothing in place for "convenient retrieval" of those pictures two years later when the matter goes to court.

With the use of digital photos, the issue of "transferring" them from the computer to someone who needs them is important. The requesting party may have no way to "view" digital photographs, especially if copies are needed to be distributed to several people or attached to court documents as exhibits.  Some Police Departments have less than quality printers (or paper) for providing actual photos and not just digital files.

Attorney Heidi Kendall-Sage complains that Officers in her community have only one camera for the whole Police Department.  "It is uncommon for photos to be taken by anyone other than one savvy newspaper reporter.  This is the case even in fatalities.  Witnesses and passengers are not even named in the reports.  Nobody even looks around or asks, 'Did anyone see what happened?' "

Dan Patz, retired Sergeant with the Los Angeles County Sheriff's Department reminds Officers, as I did in the first article in this series, to "Put landmarks in the photos, as well as vehicles, bodies, etc.  Same goes for skidmarks, gouges, and scrapes.  A photo of the 'start of skidmarks' that's directly across from a recognizable, permanent landmark (utility pole, fire hydrant, address, etc.) plus another at the 'end of the marks' could prove invaluable later on, either for prosecution or in a civil action."

Patz reiterates his "Three Rules for Photography:

  • One picture is worth a thousand words -- IF it shows what's REALLY needed.
  • Film is CHEAP.
  • The marks you don't photograph today may be paved over tomorrow."

While I realize that Officers who work wrecks don't care much about civil litigation later on, the fact remains that as long as people drive and do stupid things, the cop's job is secure.  The next fact is that as long as people do stupid things, they're going to get sued.  Jim Mellowitz,  a Lawyer who represents a number of insurance companies objects to Officers' lack of accuracy and thoroughness.  "They need to remember that years down the road, when everyone's memory is shot, the cop's report becomes the bible, for better or worse, even though most of it is not admissible."

If the Police Officer hasn't properly documented everything, his or her memory may also be shot when it comes time to testify.

Clothing
And how many times have you worked a nighttime car/pedestrian collision where you documented exactly what the person was wearing?  Occasionally a Coroner will photograph a body before removing the victim's clothing, but those times are rare.  The issue, of course, will effect a driver's ability to perceive a pedestrian's presence.  New, denim blue jeans are generally very dark; however, well washed jeans may be quite light.  This has an effect on the amount of light that reflects back to a motorist.  Steve Neese of Stephan Neese & Associates includes on his list of things to do first is to document and photograph the clothing on pedestrians and bicyclists who've been struck.  Likewise, get some close-up pictures of that part of the vehicle that struct the person.  Often you can find a pattern imprint on the vehicle that matches a person's clothing fabric.

Return to the Scene
Steve recommends something that I used to do all the time, especially after investigating a nighttime accident:  "Go back the next day and take photos and additional measurements of the 'new' stuff that appeared."

A similar suggestion echoes from ACTAR-certified Fred Lickert, formerly with the Dayton (Ohio) Police Department.  "When a fatal, or serious PI accident happens at night, go back to the scene the next day and look around; take more photos; and, if need be, more measurements.  If the weather is bad when the accident occurs, go back ASAP when it is daylight and when the weather is more environmentally friendly."

Although already a Corporal with the Dallas Police Department, Max Geron is a self-professed rookie Accident Investigator.  He had but one "first thing" Officers should do upon arrival at a personal injury or fatal accident scene.  "Don't be afraid to ask for help.  Police are taught to take care of situations and to solve problems; and that doesn't lend itself to admitting you can't do it all.  But you can't. Ask that senior Officer for help."

Measurements - Be Consistent
Attorney David Scott of New Albany, Indiana, would like for Police Officers who measure stuff at crash scenes to remember "what" they did and "how" they did it.  For example, I've seen diagrams where the Officer notes that it was, say, 41 feet from a grouge mark to a car.  But to where on the car did he measure?  If a vehicle is off the road and way down an embankment someplace, it's probably okay to say that the car "was about 200 feet down the hill."  A dozen feet or so, plus or minus, won't usually make much difference.  However, being a few inches off could be a big deal up on the pavement.

Scott tells me, "I have had instances where the Officer took a ton of measurements at the scene, but couldn't remember what was being measured."  However you measure, be consistent.  If you're measuring the width of a roadway, measure from the center of the white line to the center of the other white line as that's the effective roadway width.  Don't measure from the outside of the lines one time and the insides the next time.  Be consistent.

Airbags
By the way, more and more vehicles with airbags may have important data stored in the airbag sensor module usually found beneath the front passenger seat.  If you download that data at the crash scene, it's like preserving evidence collected at a crime scene.  However, if it becomes necessary to obtain the data after the vehicle has been removed, you may need a warrant.  Check with your prosecutor.

The next article in this series (5th of 6), will cover witnesses, bystanders, and your handwriting.

Back to INDEX

Joseph E. Badger is an internationally known Accident Reconstruction Consultant and a frequent contributor to Law Enforcement publications.  His E-mail: jebadger1@comcast.net

 

Fifth of Six Training Articles on
"10 First Things To Do at an Accident Scene"
Witnesses (Three kinds of witnesses)
 
Bystanders (Every bystander is a potential witness - take charge of the scene)  
 Your Handwriting (Sign the report legibly) 
 Overview 

Three kinds of witnesses
There seems to be three kinds of witnesses at accident scenes.

  1. Those who want to be helpful.. too helpful.
  2. Those who want to blend into the woodwork and not admit they saw anything.
  3. Those who didn't show up until five minutes after the crash.

Don't Ask if there were any witnesses.  Wrong word to use.  Simply go around and ask those bystanders who look halfway intelligent, "How'd it look from your point of view?"

Talk to several people, not just one or two.  As David Ferguson, an attorney, put it, "I find out about lots of other witnesses later.   I think (the police) figure if they get one or two names, they are done; but each witness sees only a portion of the accident, filters it through their own experience, is a good or bad reporter of the facts, has a good or bad memory, or moves off into that place where even the internet cannot find them."

R.W. (Bob) Rivers, author of the 558-page tome, Training and Reference Manual for Traffic Accident Investigation, cautions investigators to "Ensure that all vehicle occupants and pedestrians involved in an accident are accounted for in the event a victim was thrown or dragged away from the immediate scene area."

As Rivers told me, "There are far more than 10 things to do, so guess you'll just have to prioritize them." However, this series articles deal with only the 10 things you've got to do first.

Bill Messerschmidt, Auburn, Alabama PD, cautions us about arriving at an accident scene.  "It was bad enough when you got there - don't let it get worse.  That is, don't endanger yourself.  Park you car in such a manner that it protects you and the victims.  Use all the lights you've got to warn approaching motorists.

"If vision abstructions are a factor, make sure that you position your car with them in mind - park prior to the hillcrest or to the blind curve.

"Gettng there quicly doesn't mean driving up into the middle of the wreck.  This destroys evidence and endangers you and your car in the event of a fluid lead (especially gasoline)."

"Since we're talking about fatalities and serious injury accidents, Messerschmidt reminds us to "Stay calm and tell the radio what the injuries are, and how many.  Your back-up doesn't need to run wide-open emergency because someone has a bloody nose from the airbag.  Other times, you'll need all of the help you can get.

"Bubba the scanner-chasers will usually do anything you tell them to do.  If the wreck is that bad, use them to help direct traffic, block the road, or give first aid.

Bystanders
"Every bystander is a potential witness to some aspect of the wreck.... Even if all you can do is give them a pen and paper to write down their name and phone number, do it.  They may not have seen the crash, but they may have seen a driver trying to dispose of beer cans, or heard him say something important."

Bill's good help continues: "If you know someone is going to the hospital, find out who they are (if possible).  It's easier to ask for a person by name at the ER than to ask for "that guy from the wreck out there on county road whatever."

Take Control of the Scene
Finally, Messerschmidt's advice - which he admits is tough for new Officers - is to "TAKE CONTROL OF THE SCENE.  YOU tell the volunteer firefighters where to park.  YOU tell the wrecker driver where to park, and what kind of wrecker to bring.  YOU tell the firefighters not to touch YOUR scene (beyond putting out the fire and extrication) until YOU tell them it's OK."

Your Handwriting
A number of attorneys have asked me to be sure to include in this article a mild rebuke.  You see, most Police Officers have handwriting prowess not much better than mine.  And other than my mother and my wife, nobody can read my signature.  If you isgn your name illegibly, okay, fine... That's your signature.  However, we can usually sign our names so people can read it... if we take the time.  Moreover, whether it's an insurance claims adjuster or a judge or a private citizen, someone down the road will have to know whose signature that is at the end of the report.

As attorney Pam Shickles states, "Sign the report legibly.  Better yet, print your name.  It is very difficult and time consuming to track down an Officer when the name is not legible, and sometimes the Badge or ID number is not listed or also illegible."  [In some states, the Officer's name must be signed; however, you can still print your name beneath the signature.]

Officer Jonathan Northrup, of the Rochester (NY) PD, urges crash Investigators - especially in the cases of pedestrian and motorcyle accidents - to be sure to mark (paint or chalk) the position of the bodies before they're moved.

If you've been keeping up with the previous articles in this series, you will have seen an interesting reoccurrence, a thread; if you will, that boils down to the basics that many at-scene Investigators have either forgotten or haven't learned yet, or their minds are on something else.

OVERVIEW
Things we've gone over include:

Priority
First, get it out of your head that "mere Accident Investigation" isn't Police work, that it's something to be left to insurance companies.  Who does the public call at ten minutes after midnight when there's been a major crash, State Farm?  A Hartford claims adjuster?  Your job is to protect and serve citizens.  And in a vehicle collision, chances are a citizen or two is involved.

Arrive Safety and Call for Backup and Take Photos
First, in order to work a wreck in the first place, you've got to arrive safely.  And if you know it's going to be a bad one, call for backup assistance now.  It won't help much if you're up to your armpits in diesel fuel, spilled cargo, crying babies, injured parents, and no film.

Observe and Protect Yourself and Others
First, note the terrain and possible evidence in and off the roadway as your approach within a few hundred feet of the scene.

First, park your cruiser in such a fashion as to protect the scene; you don't want other vehicles driving through the scene, scattering evidence all over the place.

Mark the Evidence
If the injured are being cared for, start marking the evidence first before the EET gets there.  Spray paint doesn't cost that much; and if your Department is too cheap to issue it, go to your Highway Department and beg for some.  Or buy it yourself.

Round up Witnesses
And, of course, you want to first round up witnesses before they vanish into thin air.

Photographs and Landmarks and Attend Courses
Take copious photos right away.  You might even do that first, before cerain bits of evidence mysteriously gets up and disappears.  Evidence has a tendency of doing that.  When possible, include a landmark of some sort (culvert, sign post) so someone will be able to find this same place a year from now.  Attend courses in accident photography.  Join a regional recon organization; you're bound to learn stuff.

Measure
Measure, measure, measure.  You might not be capable of making a scale diagram, but someone else can (an Accident Scene Reconstructionis).  The better your measurements, the better their drawing will be, the better a reconstruction will be - should one be necessary.  And when you arrive, you have no idea whether this will end up in court two years down the road.  Trust me. It will.

And before you even go to a personal injury crash scene, make sure your agency doesn't have some silly policy about not taking pictures unless it's a fatal accident.  That can come back to haunt both you and your Department when you failed to take pictures in what is now a multimillion dollar lawsuit.

The following and final (6th of 6) article of the series of Accident Scene - "The First Ten Things To do at an Accident Scene" provides a summary of the series.

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Joseph E. Badger is an internationally known Accident Reconstruction Consultant and a frequent contributor to Law Enforcement publications.  His E-mail: jebadger1@comcast.net.

 

Sixth of Six Training Articles on
"10 First Things To Do at an Accident Scene"
SUMMARY
"Accident investigations are not something we should leave to the insurance companies."
******************
"My most often heard comment from lawyers and prosecutors is that the majority of Police Officers don't take sufficient photogtaphs (some take none at all) and take inadequate measurements"
******************
"...the Officer's credibility and reputation can really be hurt by failure to be thorough on just one high profile case." 

A Good List to Follow by Law Enforcement Community Officer Richard Esenwine
of the Baltimore Police Department
a  Enroute    a Upon Arrival   a  After Arriving 

In our previous five articles in this series, I've presented an overview - based mostly on my personal experiences as both a "State Police Accident Investigator" and as a private "Accident Reconstruction Consultant" - and particularly based on a survey of and interviews with hundreds of active and retired Police Officers, engineers, and attorneys.

To sum up what I've discussed (and I encourage you to go back and revew the previous articles), from the Law Enforcement Community Officer Richard Esenwine of the Baltimore Police Department offers a good list to follow:

Enroute:

      1. Get there in one piece!!!  You are no good to anyone if you don't get to the scene safely.
      2. Depending on the circumstances, proceed quickly but "defensively."

Upon Arrival:

  1. Park your vehicle visibly in order to protect the scene, persons involved, and yourself.
  2. Park as to not make the problem worse (crash scene or flow of traffic).
  3. Place warning devices (flares, cones, etc.)
  4. Call for help as needed to control traffic/scene.

After Arriving:

  1. Make a quick scene assessment.
  2. If no Medic is on the scene, assess injured parties and treat if necessary.  Call for an ambulance (and/or Coroner).
  3. Check for hazardous materials.  Establish a "safe zone" if needed.
  4. Locate evidence.  Determine if long or short term.  Mark if necessary to preserve location.
  5. Inspect vehicles - exterior and interior for damage, unusual loading, seatbelt usage, airbags, alcohol or other drug evidence, and possible defects.
  6. Verify all information - operators, owners, vehicle tags, and insurance.
  7. Record observations and facts - field sketch, take plenty of notes, take photos (vehicles, evidence, drivers' positions), statements, and measurements; look at the scene from ALL perspectives.
  8. If crash occurs at night, go back during the day and check for more evidence.  Take daylight photos of scene, vehicles, and of other evidence.
  9. Locate witnesses and interview.
  10. Look for violations.
  11. Keep an open mind during the investigation.  Don't taint the investigation by looking at the situation from only one point-of-view.
  12. Have an investigative plan in mind and stick to it.  There are differences in crashes, but a basic plan of action will ensure that everything is gathered and recorded.  Focus on the five W's":  Who, What, Where, When, and Why.
  13. Have drivers exchange information and ask them to contact you should they think of something they missed.
  14. Make sure the scene is safe before you leave, or you'll be right back to do another one!
  15. If needed, get coefficient of friction, roadway grade, superelevation, etc. for calculations.
  16. Ask for help doing any of the above if you don't feel confident.  ONCE IT'S GONE, IT'S GONE!!!

Leaving it up to Insurance Company?
Insurance claims representatives obviously need to know who was involved in both major crashes and fender-benders.  And, accident investigations are not something we should leave to the insurance companies.  I rarely see insurance personnel at crash seminars, and most will admit they've had no specific training for investigating collisions, other than perhaps how to interview drivers and passengers.  After reading hundreds of transcribed interviews conducted by insurance people, I wonder if they must have fallen asleep during such classes anyway. 

When you as Police Investigators interview witnesses, don't ask leading (or misleading) questions. Don't start out by asking, "Was the red car speeding?"  Don't ask, "Was the driver talking on a cell phone?"  Instead ask, "What did you see?"

If you don't have Witnesses, actually prepare a signed, written statement - at least get their names.  And, in both cases, obtain their addresses and phone numbers, including a second number where they can be reached "in case you need to ask some follow-up questions."

Names, Addreses, Phone Numbers, Photographs, Measurements
Attorneys, as you might imagine, need to subpeona witnesses, drivers nd other occupants involved in collisions.  If you fail to get the name, addresses and phone numbers of those people at the scene (or during a follow-up interview), you version of what happened may come into question without corroboration.

My most often heard comment from lawyers and prosecutors is that the majority of Police Officers don't take sufficient photographs (some take none at all) and take inadequate measurements.  For example, when you measure skidmarks, measure the length of each mark but don't stop there.  Measure the width of the tread pattern (might as well photograph it while you're there) and measure the distance between the skids.  I recently visited a crash site involving a particular vehicle, a Chevrolet Blazer.  The Officer's diagram shows that vehicle, and he shows a set of skidmarks extending quite a distance behind the Blazer.

The Officer, however, failed to note or measure the width of the tread or the spece between the left and right skidmarks.  Armed with the measurements I made, I examined the Blazer's track width and the tire treads.  While a lovely set of skidmarks on the pavement, that Blazer didn't make them, although the Police report would lead anyone who reads it to believe it did.

Corporal Heath Carpenter of the Dothan, Alabama, PD offers his views for those first Officers on the scene of a bad wreck:  "Stop the patrol car strategically to protect the vctim/Officer, scene, or to control traffic.  Step back and look at the "big picture" - request the manpower and equipment needed instead of running around trying to do everything yourself.  Instruct the drivers of "The Big Red Trucks" upon their arrival to park where their vehicle can assist with traffic and not in the evidence.  Fire trucks provide excellent barriers for traffic, on-lookers, and are our regular source of aerial photographs of the vehicles / scene."


Get Help Rolling
I've found it's beneficial to call for assistance before you think you need it.  If you know ahead of time that this is a bad one, get help rolling now; don't wait till you're on the scene and wish someone was already there to lend a hand.

Carpenter adds, "I usually delegate someone to walk around to get witness information, after I talk to the people who actually observed the crash.  Have witnesses to sit down (usually in a cruiser with all radio equipment off) and write a statement of where they were coming from, enroute to, which lane they were in, what they observed, and the color of the traffic signal that they were under the direction of."

Carpenter warns not to just "take pictures, but to "Take photographs quick!"  Snap some shots of what the immediate scene and vehicles look like BEFORE the cars are cut to pieces and peat moss is spread everywhere."

How to Reduce Court Appearances
Pam Sterling,
recently retired Patrol Sergeant from the Alabama State Police, makes some good points.  Although preparing your accident report is not exactly the first you need to do, her suggestions may help.  She says you should "Realize that by consistently conducting thorough investigations, answering all of the questions, you will significantly reduce your court appearances.  When you leave the conclusions open for speculation by those who [do a reconstruction] two years down the road, it can make you look pretty inept." She adds, "Don't put 'unknown' in information blocks when a little work will give you the answer.  I know that Officers get bogged down with the workload in a lot of places, and accident investigation is a pain in the rear end for a lot of them.  But, the Officer's credibility and reputation can really be hurt by failure to be thorough on just one high profile case."

Remember, a fatal accident scene is the same as a homocide scene.  Somebody is dead and somebody caused that death.

I wish to thank all those who contributed their time, expertise, text and/or photographs to this series of articles.  There are too many contributors to mention them all - but they know who they are.  Thanks guys.

Back to INDEX

Joseph E. Badger is an internationally known Accident Reconstruction Consultant and a frequent contributor to Law Enforcement publications.  His E-mail: jebadger1@comcast.net.
__________________________________________________________

 Other articles by Joseph E. Badger now on-line
a  Errors in Accident Reconstruction
a Malfeasance of Office
a Things Police Forget Two Weeks Out of Recruit School
a Cell Phone Usage While Driving
a  Trailer Underride:  Conspicuity, Human Factors and Rear Bumpers
(This is a condensed version from the "Expanded Edition," 1998, Part I published in 1995, by the Institute of Police Technology and Management University of North Florida)


 Upcoming articles from Joseph E. Badger
a Underride Accidents - they just keep happening.
a  More Human Factors in Accident Investigation/Reconstruction

Coming Soon:  Book Reveiws by Joseph E. Badger

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