When The Cops Get It Wrong; Investigating Your Client's Case

The above video is somewhat tangential to this week's Bulletin topic but it does describe a trend that will certainly be used and useful in future vehicular accidents - the car black box. For our below article, however, we stick to old fashioned ground pounding to uncover the true facts of a real accident puzzler.

Generally, most private investigators enjoy and prefer to maintain, good relationships with law enforcement; especially considering that the majority of us come from an l.e. background. Regardless of current or past affiliations, however, a good investigator is a fact-finder first.

We recently ran into a quirky situation involving the police with a hit and run of a pedestrian in mid Manhattan. The actions of law enforcement from the date and time of the accident to this day are puzzling.

A male pedestrian was struck, while crossing the roadway, traveling with the light and within the crosswalk, by first a bus and then a Jeep. A large crowd gathered. The pedestrian suffered severely crushed legs - injuries consistent with being struck by two vehicles back to back. The bus took off (hence the hit and run designation) but the Jeep and its driver remained on scene - for a while. The Jeep driver was questioned by police and told to leave the scene as there was no eyewitness to the Jeep having struck the pedestrian. And no note of the plate number was made by police on the scene.

The first place to start is the precinct of jurisdiction. Pick up the Police Accident Report (the PAR). A PAR is sequentially numbered so its number should fall into place around the date of accident. The PAR should contain def. vehicle, driver and witness information. This PAR contained none of those and the matter was simply designated a "Hit and Run".

Our investigators felt there had to be more to the story than a simple leaving the scene. This is a residential area of Manhattan, with all of those people moving about their daily lives, someone had to have seen something.

We decided to make a flyer of the victim's case (the victim and attorney's permission of course). We Photoshopped the victim's photo into a flyer we distributed liberally throughout the neighborhood. Literally, within 18 hours, we had a video of the victim being struck by a bus and email giving us the Jeep's plate number. The victim's attorneys are now processing the claim with this information.

I guess it all comes down to something I have said to each BNI investigator, regardless of experience - know the rules but always trust your gut instinct. It will lead you to where you need to go. The function of a good investigator is to find the facts that will help with victim, even if the odds are stacked against recovering this information.

BNI Investigators: Street Smart: Web Savvy.

Be safe,

Lina

Vehicle Accident Checklist

We'll say up front and repeat it the end of this Bulletin. Be careful driving - particularly on New Year's Eve when the roads are crowded with people driving too and from parties. (To lighten up the mood of this message, and since we've all viewed real accident videos, the above clip is of a Hollywood staged accident. Short but with some interesting mini-scenes.)

If the unfortunate occurs and you are involved in a vehicular accident, remember to take the below steps:

Medical care:

First, check yourself for injuries. Then, if you are CPR certified, attempt to determine if any other vehicle occupants, involved pedestrians... need your help.

Once everyone wellbeing has been accounted for;

Get information (especially important for a potential insurance claim).

The other driver's name, address, driver's license number, insurance information, and license plate number (check the plate's issuing state too).

If there are witnesses, get their names, addresses, and telephone numbers. (Make sure this information. E.g. not just a first name. Cases take time to resolve, people move...

Ask for a business card from the police officer who investigated the traffic scene. Also get the "incident number" so that you can obtain an accident report. Most officers will provide you with the information even if you don't ask.

Take note of the location—the road conditions, speed limits, traffic control devices, any ongoing construction or large debris, the weather, and the lighting. (Try to remember to always keep a disposable camera in the glove compartment. Nothing conveys the accident scene as well as an immediate on-site photographs).

Take note of how the accident happened.

It is important to note the direction and rate of travel of the vehicles involved, and what the cars are doing at the time of the accident.

Never admit liability.

Even if you believe you are at fault, do not admit liability. There may be other factors which you don't know that may turn the fault to the other driver. Do not make statements, on print or tape, to anybody at the accident scene, except for the police. Nevertheless, when speaking to the police, tell them only the facts of what happened. Let them make their own conclusion from the facts.

Seek medical care.

See a doctor. This is to eliminate the probability of the inability to obtain "no fault" benefits for your injuries. There are statutes in every state pertaining to what the insurance can cover. If you do not see a doctor, you might find later on that the insurance company or the other driver involved in the accident argue that your injuries were not related to the accident. In addition, the "adrenaline rush" from the accident can mask symptoms, which a physical examination can otherwise reveal.

Tell the doctor your symptoms--- any loss of memory, headache, blood or fluid in the ear, dizziness, disorientation, ringing in the ears, nausea, confusion, or any other unusual physical or mental feeling.

Above and beyond all, we wish you all a happy, healthy and prosperous New Year - just remember to take extra care while driving the next several days.

Stay safe,

Lina

No Ground Markings; No Witnesses - Impact Speed Determination

The subject of impact speeds is often one of the most important issues to investigators of pedestrian collisions, particularly if there appears to be a violation of the law. Estimating vehicle speeds, is also crucial in civil cases, as it relates to negligence and liability. The various available techniques in descending order of accuracy, (although this can certainly be subject to interpretation) are:

1. Skid Marks

2. Pedestrian Throw Distance

3. Vehicle Damage

4. Pedestrian Injury

5. Witness/Driver Statements.

In many instances, an accident investigation is not requested for months or years after the incident. Crash investigators have had to reconstruct MVAs where

1. no verifiable skid mark information exists,

2. the pedestrian throw distance is at best a highly subjective calculation and

3. there are vastly different speed estimates from the drivers of the involved singly-occupied accident vehicles.

These factors can make an accident investigation interesting, but not unsolvable for the seasoned reconstructionist. Investigators can resort to calculating impact speeds by vehicle damage - almost always available via repair records and or photographs. Below is a graphic representing vehicle damage relative to impact speed.

From Vehicle Damage (if you cannot view the below image, simply click once in the image box)


BNI Operatives: Street Smart; Net Savvy

As Always, stay safe,

Lina