Forensic investigation of road accident

Submitted by:

Sagar kamrani; PRN- 16010324361

Division- ‘D’; Batch:2016-21

on

11 march, 2020

Under the Guidance of

Assistant professor Rukma lavania

Symbiosis Law School, Hyderabad

Symbiosis International Deemed University, PUNE

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 INTRODUCTION

The main purpose of whole forensic investigation of accident is to establish the `cause' of the
incident,1 that how accident occurred and what was the reason behind it. The information
obtained from it might be required for a number of following reasons;

 Investigate the case

 Either the victims or their family members want to know how accident took place and
also how they were injured or killed
 Police or regulatory authorities might wish to fix responsibility and take appropriate
action against the guilty
 The safety authorities might always be looking forward for improvement to prevent a re-
occurrence of accident.

In forensic investigation of road accident cases, it is necessary to establish the following:2

 That an accident has actually taken place. It may not be a subterfuge to conceal some
other crime.
 The identity of the location where accident took place, particularly on highways.
 The identification of the vehicle in a "hit and run" case.
 To identity the driver in a case where the owner of the vehicle alleges theft.

These are all the necessary things which are to be performed or kept in mind while doing
forensic investigation of a road accident. Unfortunately, thousands of accidents happen every
day. At the core of most of these accidents is the failure of something-a person, a product or an
area to work or react properly. Categories of accidents include: product liability; vehicular
accidents; third-party liability; construction site accidents; animal-involved accidents; maritime
accidents; and many more. These categories can also have subcategories. For example, vehicular
1
JAY DIX, MICHAEL GRAHAM & RANDY HANZLICK, INVESTIGATION OF ROAD TRAFFIC FATALITIES: AN
ATLAS (2000).

2
Forensic Investigation of Road Accidents- II - YouTube, , https://www.youtube.com/watch?
v=YMi0xG9M4ro

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accidents include motorcycle accidents. Basic investigative procedures include: defining events
that led to the accident; interviewing victims and/or witnesses; preparing photographs and
sketches; and preparing reports. Investigators also apply different procedures depending on the
type of accident. For example, an investigator will research an animal's history of violence in an
animal-attack case. Physical impairment might cause accident like poor eyesight and/or physical
impairment, with many jurisdictions setting simple sight tests and/or requiring appropriate
vehicle modifications before being allowed to drive. Sometime old age might have become a
cause of accident so some jurisdictions requiring driver retesting for reaction speed and eyesight
after a certain age.

A forensic investigator’s understanding of what happened during a car crash is based on collision
physics.3 The key variables are kinetic energy and momentum. When two cars collide, kinetic
energy isn’t conserved, but total momentum is. By measuring the masses of the cars and the
distance that they slid together, and accounting for drag forces, investigators can find total
momentum. If one car was stopped, it is easy to calculate how quickly the other car was
traveling. If both cars were in motion, total momentum still gives investigators a starting point.
Forensic investigators also research the manufacturer specifications of the vehicles involved to
learn about things like collision ratings and the braking system. Once specifics about the vehicles
are known, the damage to each vehicle can shed more light on the accident. For instance, if the
force that a bumper can withstand is known, and the bumper is crushed, investigators can find
the minimum force of the collision.

When all the evidence has been collected, investigators can determine the force of the collision,
as well as the speed the cars were traveling before and during the collision. This is crucial in
determining if one driver was at fault for ignoring the speed limit or otherwise driving recklessly.
Next, investigators can work with simple time-distance calculations. Distance is the multiple of
speed and time. So, for instance, if investigators know how fast the vehicle was initially
traveling, and they have a figure for the average human reaction time, they can calculate how far

3
Scott D. Batterman, Review of:Forensic Accident Investigation: Motor Vehicles:Forensic
Accident Investigation: Motor Vehicles—2, 47 JOURNAL OF FORENSIC SCIENCES (2002).

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the vehicle traveled while the driver was reacting to the situation. More complicated formulas
can help investigators determine the total braking distance and time.

Sources of Physical Evidence in the Investigation of Road Accidents

In the investigation of road accidents involving vehicles, physical evidences play a very
important role. Their nature therefore needs to be understood properly before they (Physical
evidences) are collected. They should be carefully observed, located and thoroughly documented
by means of making notes, sketches and photographs, and then collected. Almost every type of
clue (including trace evidence) can be found at the crime scene in accordance with the Locard's
principle of mutual exchange which states 'Contact leaves traces', in road accidents or "hit and
run" cases.

The major sources of the evidentiary material are as follows:

1. The Crime Scene4

The following evidentiary material can be found at the crime scene:

 The vehicle –may be one or more, its type, direction and position.
 Track marks like tyre impressions of the four wheels, which are found either at sharp
turns or where the vehicle has been reversed.
 Broken or damaged parts of the vehicle.
 Greases and lubricants.
 Glass pieces of various shapes and sizes.
 Paint chips or smears.
 Skid marks.
 Dust, dirt or other debris, caked or otherwise, fallen from the suspect vehicle at the time
of impact.

4
U. Löhle, Determination of the accident site in the case of road accidents, 5 FORENSIC SCIENCE
148 (1975).

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  Personal or vehicular articles left at the scene.

 Drag marks of the loaded material (e.g., logs of wood or any other items).

2. The Vehicle

In most of the hit and run or accident cases the vehicle involved may carry traces from the scene
of occurrence or from the other vehicle involved, or the victim. Commonly the following clues
are found on the vehicles:

 Finger and palm prints, tool-marks and fabric prints.

 Hairs, fibers, bloodstain or skin pieces from the victim.
 Small broken parts or fragments of the vehicle or the article hit.
 Broken glass, paint, greases and lubricants from the vehicle, which was hit and control
samples from the suspected vehicle for similar articles to those left at the scene.
 Dust, mud and dirt from the scene of occurrence, from the victim or from the driver
 Cigarette and 'Bidi' butts from the vehicle.
 Mechanical fault in the vehicle.
 Evidence related to changes in paint and numbers on registration plate, serial number on
engine and chassis.
 Evidence related with overloading of vehicle.
 The load on a vehicle may leave characteristic smell on the way through which it has
moved.

3. The Victim

In addition to dust, dirt, paint, glass pieces, greases and lubricants and tyre marks, which may be
present on the clothes or on the body of the victim, the following important evidences can also be
found at the scene:

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  .Injuries. 5
 .Blood, fibers, hair and skin for control samples.
 .Alcohol and narcotics in the body, if the victim had taken the same.
 Signs of disease (from post-mortem report).

Collection of Physical Evidences

After carefully observing the suspected vehicle, scene of occurrence and the victim, and
understanding the possible cause of accident; it is required to collect the evidences at the earliest
from the above sources with proper care and planning. The evidences may be lost in a very short
time span. The suspect can get the vehicle repaired or repainted immediately after the
commission of crime. The scene of occurrence would be tampered over by the traffic and the
victim may be cremated or buried.

In the systematic collection of the evidence, one should:

 Before the collection of evidence, take photographs and make sketches of the scene at the
earliest without disturbing anything from the place.
 The photographs and sketches should be taken in such a way that the location of accident
scene can be fixed by including some of the prominent fixed landmarks like milestone or
any hording etc.
 The photographs should also be taken in a way to show the identity of the vehicle (kind
of vehicle, its number plate etc.).
 Before taking away the vehicle, note down the reading of speedometer, record the
temperature of the vehicle, of the atmosphere and of the water in the radiator.
 Ascertain the quantity of fuel in the vehicle, examine the whole area for any physical
clues and collect any loose evidence, which is likely to get lost in transit.
 Examine other parts of the machinery thoroughly.
5
E. GRATTAN, J. A. HOBBS & J. G. WALL, THE INVESTIGATION OF INJURIES IN ROAD TRAFFIC
ACCIDENTS (1973).

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  Collect various evidences like skid marks, broken parts of machinery, bloodstains, fibers,
hairs and alcohol glass, paint, soil including dust and debris, greases and lubricants,
cigarette and 'bidi' butts from different sites separately and wherever necessary collect
control samples also.
 Collected evidence should be documented with the help of notes and photographs and
then packed properly/securely in glass containers or cellophane envelops depending upon
the nature of the evidence.
 Photographic evidence can be crucial, since the accident scene can’t be blocked off and
analyzed indefinitely, and the vehicles involved will often be moved or towed. Good
documentation of the accident scene allows for a thorough analysis that can be handled
even by investigators who weren’t on the scene. Additionally, photographs are often a
key piece of evidence if the accident has to be settled in court.6

.Evaluation of Physical Evidence

There is no single right way of evaluating any incident related to road accident, but it should
always be based on

 Logic and
 Feasibility

In road accidents, proper plans, keen observations and good photographs enable the investigator
to get a clear image of the scene, and are an essential first step in the analysis of the incident.
Proper planning and photographs provide:7

6
Mishra RK, Tiwari & Sharma DK, FORENSIC ENGINEERING HELPS IN ACCIDENT CASES
ANALYSIS: A REVIEW OMICS INTERNATIONAL (2017), https://www.omicsonline.org/open-
access/forensic-engineering-helps-in-accident-cases-analysis-a-review-2157-7145-1000390-
94526.html

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LYNN B. FRICKE, TRAFFIC ACCIDENT RECONSTRUCTION (1990).

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 Very important information to understand what the witnesses are saying
 ;The relationship between the marks, the person involved and the environment;
 The investigator to develop his/ her own interpretation/ perception about the events;
 A source of data.

The evidence of eye witnesses needs to be reviewed carefully whether it can be dependable
or not. The investigator needs to consider the following also

 :Whether they are consistent with their statements?

 Are there any areas of agreement?
 Are there obvious explanations for disagreements in their viewpoint?
 Is there any information which will be required for subsequent analysis? For example the
state of traffic signals, the direction and speed of vehicles.

The Vehicle

The condition of the vehicle involved in the incident is important for two reasons:

 Is the vehicle itself a cause of the incident?

 Can anything be used to deduce the impact speed?

Besides the above, special attention is also required to be given to the following aspects
in thorough investigation of road accident:

Speed

Speed of the vehicle at the time of road accident can be one of the most important factors.
It need to be determined because of two primary reasons. First, speed itself can cause the
crash. An example of this is loss of control when cornering. Such accidents are usually
caused by driving too fast or either one or combination of the following reasons

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  ability of the driver
 The performance of the vehicle
 The condition of the road.

This is apparent when the car leaves curved skid marks of a vehicle cornering at the
limits of adhesion. The other principal reason for estimating the speed is to use it as a
factor in the analysis of the incident.

The speed can be calculated by the following methods:

 From the length of skid marks;

 From the radius of curved scuffmarks;
 From the extent of vehicle damage.

ANALYZING PHYSICAL EVIDENCE LIKE SKID MARKS

Measuring the length of skid marks is another way that investigators can determine how fast the
vehicles were traveling. When the skid distance, the drag factor due to road surface friction, and
the braking efficiency are determined, the minimum speed of a car as it started skidding can be
found. The appearance of the skid mark also tells investigators whether a car was braking,
accelerating, or sliding. Therefore, skid marks can indicate who might be at fault for driving
recklessly.

Debris left in the road can also be a telling piece of evidence. Debris can help indicate where the
collision actually occurred, which is useful because the involved cars will often be cleared off the
road by the time investigators arrive.

Examination for physical evidence in motor vehicle accident

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Usually, evidence of contact between a car and a person or between two cars is quite obvious.
Sometimes this evidence is very difficult to find-this is especially true where the impact has been
between a motor vehicle and a person, especially when the person has been well padded with
clothing and the motor vehicle is of a substantial build. In checking automobiles in hit and run
cases, the exterior surface of the automobile should be examined for clothing fibers, hair, blood,
tissue, abrasion marks and paint, dust, grease, impressions of fabric, etc. The examination of the
car should begin at the front and move progressively around the car. To be complete, this
examination should be made under strong lights, preferably using a hand lens. Much will be
missed if one tends to skip about the car from point to point. No examination of vehicles
suspected of being involved in a hit and run case is complete without a thorough examination of
the undercarriage of the car. The traffic officer should bear in mind that the driver of such a car
may have as much reason as any criminal to hide his activity. In many cases, there has been an
opportunity and a definite possibility that the car has been cleaned or repaired after the impact
and before the examination. The investigation of the car available in a two-car collision, or the
pedestrian in an auto-pedestrian accident, will indicate something of the position of contact with
the wanted car. These positions on a suspect car should be especially checked for evidence of
recent damage or repair. When evidence of cleaning or repair has been found, the investigating
officer should carefully plan his interview with the driver. In addition to the search described for
the various items of physical evidence such things as recently replaced nuts, securing bolts on
license plates, bumpers, radiators, etc. should be checked. Protruding parts of the car, such as
door handles, bumpers, and bumper guards, should be thoroughly searched for foreign material
such as fabric, blood, and hairs. All exterior surfaces, especially motor hood, fenders, radiator,
and radiator grill, should be thoroughly examined for fibers and brush marks. Underneath the
car, the grease fittings, crank case pan, axle, axle housing, differential, spring shackles, and bolts
should be checked for fibers, for abrasion marks, for hair and blood. Notes should be made of the
colour of paint, whether or not the vehicle was two-tone and, in taking comparison samples for
comparison, both shades of paint should be obtained. Recent servicing, such as lubrication, oil
change, and the date and mileage recorded on servicing stickers are also items of interest. In the
ordinary type of traffic accident, the officer would be well advised to take a careful systematic
look around each car before interviewing the occupants. Such things as the location and extent of
damage will indicate the areas of the cars which came in contact. Stories subsequently received

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from the occupants can then be interpreted on the basis of the existing evidence of the contact.
These stories may also be interpreted in relation to the evidence of skid marks, debris, and
scattering of broken parts at the scene. When various materials, useful as physical evidence, have
been found on a car, heir locations should be marked on a rouch sketch, and measurements
should be taken of their position, using reference marks such as the ground, windshield,
doorposts, front bumper, etc. It is advisable in all cases, especially so in a major case, that the
physical evidence be photographed in its position before being collected. Often the position of
the material is of as much importance as the type of material itself. A combination of the
practical identity as determined in the laboratory and its peculiar location on the vehicle, may
present a picture consistent with a given theory and with no other. For example, smudges of paint
on car No. 1, which could have come from car No. 2, and smudges of paint on car No. 2 which
could have come from carNo. 1, may then be interpreted, with the added significance that the
positions of these markings were at the points where each of these two cars came in contact with
some-thing.Similarly, with brush marks the position of the brush mark is probably as
significantas the type of brush mark found. If, for example, the brush mark is found on the side
of the vehicle and no other evidence of contact is found, then the contact, if any,between the car
and the clothed object was at the side of the car. Another example of the importance of the
location of markings on a vehicle is the relationship between the damage on the vehicle and the
injuries sustained by a pedestrian. For example, in one case measurements were taken of the
height of the bumper from the ground, the height of both edges of the damaged headlight from
the ground and by laying the tape over the fender we obtained the position from the ground of a
bump in the upper surface of the motor hood. These positions correspond to measurements of the
injuries sustained on the body, i.e. at the height of the bumper there was fracture of both legs, at
the height of the headlight, lower edge, there was another fracture, at the level of the top of the
headlight there was a deep gouge in the flesh, there was a dent at the position where the head
would hit if the body were wrapped over the motorhood, which coincide with a fracture of the
skull. This evidence coupled with the findings of hair, blood, fibers, and smudge of paint
indicated with certainty that this body had been wrapped over the front end of this car.8
8
Mishra RK, Tiwari & Sharma DK, FORENSIC ENGINEERING HELPS IN ACCIDENT CASES ANALYSIS: A
REVIEW OMICS INTERNATIONAL (2017), https://www.omicsonline.org/open-access/forensic-
engineering-helps-in-accident-cases-analysis-a-review-2157-7145-1000390-94526.html (last visited Mar
11, 2020).

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The examination of a deceased person, in a motor vehicle accident, is usually done by the
coroner or pathologist. The investigating officer should make a note of the location of the
injuries sustained and should receive the clothing, a sample of blood for grouping and for alcohol
determination, and a sample of hair of the deceased-at autopsy, in accordance with the practice in
that locality. The clothing should be dried thoroughly, since blood deteriorates when it is in a
moist condition. After drying, the exterior garments should be wrapped separately. Depending on
the outcome of the investigation, the garments can be sent to the laboratory for examination
along with the, appropriate comparison samples collected from the suspect car.

Conclusion

The cases of accident and collision (motor vehicle collision, motor vehicle accident, car accident,
or car crash) may result in injury, property damage, and death. A number of factors contribute to
the risk of collision including; vehicle design, speed of operation, road design, and driver
impairment. Worldwide motor vehicle collisions lead to significant death and disability as well
as significant financial costs to both society and the individual.

It is essential that these crimes be solved in order to serve the victims and their families with
justice. Moreover, there should be zeal to solve the crime. In this paper i have reported all types
of accident cases should be examined as suggested 1-2-3 steps for each types of accident
investigation. Where as in India, investigating agency are taking very lightly as the case of
accident related, but sometime these investigation lead to different results and forensic
investigation of these cold cases plays a vital role to solve or get the proper direction of
investigations. Forensic engineering reveals that dent, broken pieces, scratches direction and
scratches on the vehicles provide proper evidence of accident.

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