TRAFFIC ACCIDENT

INVESTIGATION
FO1 Mark Delbert R Deras
BASIC CONCEPTS

Traffic
- movement of vehicles along a route where passengers
and cargoes are carried by transportation
Accident (legal definition)
- that which happens by chance or fortuitously, without
intention and design, and which is unexpected, unusual and
unforeseen

There is no criminal liability in accident provided, the following

requisites or elements under the law must be satisfied:
1. performance of a lawful act
2. with due care
3. causes injury to another by mere accident
4. without any fault or intention of causing it
Traffic Accident

Elements of traffic accident

1. The vehicle involved

2. The highway
3. The road user
Key Events in a Traffic Accident

Key Event – characterizes the manner of the occurrence of

the traffic accident. It determines the time, place, and type of
accident.

1. Point of Possible Perception – is the place and time at

which the unusual or unexpected movement or condition
could have been perceive by a normal person
2. Delay in Perception or Perception Time
- time between the point of possible perception and
actual perception

3. Prompt Perception
- perception of hazard which is actually nearly the
possible accident
4. Maximum Delayed Perception
- occurred when the traffic unit does not sense a
hazard until he hits another vehicle

5. Point of No Escape
- place and time after or beyond which the accident
cannot be prevented by the traffic unit under consideration
6. Point of Impact
- point of initial contact, sometimes it is considered the
point of maximum engagement or center of force

7. Final Position
- place and time when the object involved in the
accident finally come to rest without application of power
Kinds of Traffic Accidents
Motor Vehicle Traffic Accident
- any motor vehicle accident occurring on a traffic way

Motor Vehicle Non-Traffic Accident

- any motor vehicle accident which occurs entirely in any place other
than a traffic way

Non-Motor Vehicle Traffic Accident

- any accident occurring on a traffic way involving persons using the
traffic way or travel or transportation, but not involving a motor vehicle in
motion
Chain of Events in a Vehicular Accident
1.Perception of hazard – is seeing, feeling, or hearing and understanding
the usual or unexpected movement or condition that could be taken as
sign of the accident about to happen

2.Start of evasive action – is the first action taken by a traffic unit to

escape from a collision course or otherwise avoid a hazard

3.Initial Contact – is a first accidental touching of an object collision

course of otherwise avoid a hazard
4.Maximum Engagement – is greatest collapse or overlap in a collision
the force between the traffic unit and the object collided with - are
greatest at maximum engagement

5.Disengagement – is separation of a traffic unit in motion from an

object with which it has collided. Force between the object ceases at
this time

6.Stopping – is coming to rest. It usually stabilizes the accident situation

7.Injury – is receiving bodily harm

Traffic Control
- process of utilizing devices such as traffic signs,
pavement markings and traffic islands including the
enforcement of laws to speed up traffic and ensure safety on
the roadway

Traffic Signs
- devices on mounted supports placed on roadways
giving message of danger on the road, regulations and
information regarding paths and destinations
 Types of Traffic Signs

1. Warning/Caution Signs
- caution motorists of danger at a certain part of the taffic way

2. Regulatory Signs
- convey restrictions, prohibitions and instructions on road
ways which motorists are obliged to comply

3. Information Signs
- provide messages on proper road routes, directions and
place of destinations
Traffic Islands
- solid areas constructed on the roadway to segregate
pedistrians from MVs and MVs moving in opposite direction

Traffic Island....
1. rotary island
2. channelling island
3. division island
Pavement Markings
- lines, patterns or symbols on pavement surface of the
roadway, on the curbs and on any solid objects on the
roadway purposely to regulate, warn and guide motorists and
pedestrian
Pavement Markings......

Object Markings
- are painted on fixed poles, and on vertical ends of bridges
and ports to avoid accidents

Reflectorized Markings
- are used to mark hazardous areas and also used as
delineators or road limits, these delineators are aids especially during
night driving, particularly when the alignment of a road changes and
might confused the operator of the vehicle.
Striped Curb Markings
- are markings used in traffic islands in order to warn
the driver of the traffic island on the road and aids the
motorist to its traffic lane

Painted Crosswalk
- are placed at intersections and other places where
there is considerable pedestrians traffic to provide
pedestrians with safety zones when crossing
Broken White Lines
- is used to define or separate traffic lanes

Solid White Line

- is used to separate opposing streams of traffic

Solid Yellow Line

- is your driving lane prohibits you from passing other
vehicles
Double Yellow Line
- indicates two way traffic; were crossing of pedestrian
and motorist is not allowed. It separates the opposing flow of
traffic

Broken Yellow Lines

- is a two way/highway which means no overtaking or
passing is permitted only when the road ahead is clear

Stop Line – it indicates where stop should be made

Traffic Lights
- a set of automatically operated coloured lights,
typically red, amber, and green, for controlling traffic at road
junctions, pedestrian crossings, and roundabouts
PILLARS OF TRAFFIC
1. TRAFFIC ENGINEERING
2. TRAFFIC EDUCATION
3. TRAFFIC ENFORCEMENT
- Traffic Arrest
- Issuing Temporary Operator’s Permit or Traffic
Violation Receipt
- Traffic Warning
Five (5) Essential Steps in the Enforcement Process
1.Detection (of violation) 4.Adjudication
2.Apprehension 5.Penalization
3.Prosecution
4. TRAFFIC ENVIRONMENT/ECOLOGY
5. TRAFFIC ECONOMY
Motor Vehicle
- shall mean any vehicle propelled by any power other than
muscular power using the public highways, but excepting road
rollers, trolley cars, street-sweepers, sprinklers, lawn mowers,
bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not
used on public highways, vehicles which run only on rails or tracks,
and tractors, trailers and traction engines of all kinds used exclusively
for agricultural purposes

Trailers having any number of wheels, when propelled or intended to

be propelled by attachment to a motor vehicle, shall be classified as
separate motor vehicle with no power rating
Articulated vehicle
- shall mean any motor vehicle with a trailer having no
front axle and so attached that part of the trailer rests upon
motor vehicle and a substantial part of the weight of the
trailer and of its load is borne by the motor vehicle
Classification of Motor Vehicles
1. Public Utility Vehicles/For Hire
2. Private
3. Government
4. Diplomat
Plates

For For Hire

- Yellow background, black markings
For Private
- White background, black markings
For Government
- White background, red markings
For Diplomats
- White background, blue markings
Vanity License Plates
- Premium Edition( P25, 000.00)
- Select Edition ( P10, 000.00)
Protocol License Plates/Low-Numbered License Plates
- EO 400

1 - President
2 - Vice President
3 - Senate President
4 - Speaker of the House of Representative
5 - Chief Justice of the Supreme Court
6 - Cabinet Secretary
7 - Senators
8 - Congressman
9 - Associate Justices of the Supreme Court
10 - Presiding Justice and other Justices of the Court of
Appeals
11 - COMELEC Chairman
12 - Cabinet Undersecretary
13 - Solicitor General
14 - AFP Chief of Staff/PNP Chief
16 - RTC Judges
17 - Judges of MeTCs, MTCs, Sharia Courts
Driver
- shall mean every and any licensed operator of a
motor vehicle

Professional Driver
- shall mean every and any driver hired or paid for
driving or operating a motor vehicle, whether for private use
or for hire to the public
Driver’s License.....

Student Permit
- at least 17 yrs. old
- 18 yrs. old for foreigners and must have been in the
Philippines for at least 1 year from date of application

Non-Professional Driver’s License

- at least 18 yrs. Old
- holder of SP issued at least 30 days prior to the
application
- for foreigners, must have been in the Philippines for at
least 1 month with proof that he/she will stay in the country
for at least 1 year from date of application
Professional Driver’s License
- at least 18 years old
- For RC 1,2,4 and 6 - Must be a holder of a valid SP
issued at least six (6) months prior to the application
- For RC 3,5,7 and 8 - Must be a holder of a valid NPDL
issued at least one (1) year prior to the application or
PDL holder with RC 1,2,4 and 6 for a period of at least six (6)
months prior to the application
- Clearance that the applicant has not been convicted
of any offense involving moral turpitude or reckless
imprudence resulting from reckless driving from NBI and PNP
Restriction codes based on gross vehicle weight (GVW)

1 – Motorcycles/ Motorized Tricycles

2 – Vehicle up to 4500 KGS GVW
3 – Vehicle above 4500 KGS GVW
4 – Automatic clutch up to 4500 KGS GVW
5 – Automatic clutch above 4500 KGS GVW
6 – Articulated vehicle 1600 KGS GVW and below
7 – Articulated vehicle 1601 up to 4500 KGS GVW
8 – Articulated vehicle 4501 KGS and above GVW
Vienna Convention on Road Traffic (May 21, 1977)
- designed to facilitate international road traffic and to
increase road safety by establishing standard traffic rules
Traffic Patrol

Types/Kinds of Traffic Patrol

1. Line Patrol – Conducts observation either in moving
or stationary observation at a certain route or point of
a major street in a city

2. Area Patrol – Conduct observation either by moving

patrol or stationary observation in a certain area, which
included a number of streets roads or sections of a
highway
 3. Stationary Observation – Observation of traffic
conditions of a selected place, usually one with unfavorable
accident experiences for traffic law supervision. Stationary
observation may be conspicuous, visible or concealed,
depending upon the location of the patrol unit in relation to
the street under observation

4. Conspicuous Observation – Stationary observation in

which the observer remains in full review of traffic conditions
 5. Visible Observation – Stationary observation in which
observer is full view

6. Concealed Observation – Stationary observation in

which the observer is not visible to persons using ordinary
power of observation form the roadway being observed.
Traffic way
- entire width between boundary lines of every way or
place of which any part is open to the use of the public for
purposes of vehicular traffic as a matter of right or custom

Roadway
- the portion of a traffic way which is improved,
designed or ordinarily used for vehicular travel, exclusive of
the shoulder
Right of Way Rule
- determines whether or not a driver can proceed
or should give way to fellow motorist
- e.g.
a. Emergency vehicles has the right of way
b. Vehicles who arrived at an intersection
before you has the right of way
c. If two cars get to an intersection at the
same time, the one at the right has right of way
d. Passing cars on a public road has right of
way than from a driveway
e. Pedestrian has always right of way
Hit-and-run
- evading responsibility in case of traffic accident

*No driver of a motor vehicle concerned in a vehicle accident shall leave

the scene of the accident without aiding the victim, except under any of
the following circumstances:

a.If the driver is imminent danger of being seriously harmed by any

person or persons by reason of the accident

b.If the driver reports the accident to the nearest officers of the law

c.If the driver has to summon a physician or nurse to aid the victim
Two (2) Important Considerations

1.The driver who flees the scene of an accident is not

necessarily the driver responsible for the accident

2.The hit-and-run driver often will report the damage to his

own vehicle as having been the result of another hit-and-run
accident in which some “other mysterious driver” fled
without identifying himself.
Elements of Hit-and-Run
1.Suspect must be the one driving the vehicle at the time of
accident

2.Suspect was involved in an accident resulting in death,

personal injury or damage to property

3.Suspect failed to stop, give aid or information as to his

identity to other person(s) involved

4.Suspect had knowledge of the accident

Carnapping (RA 10883 - New Anti-Carnapping Act of 2016)
- taking, with intent to gain, of a motor vehicle
belonging to another without the latter's consent, or by
means violence against or intimidation of persons, or by using
force upon things
- 20 years, 1 day - 30 years
- 30 years, 1 day - 40 years
- life imprisonment - death or rape
Defacing or Tampering with serial numbers
- altering, changing, erasing, replacing or scratching
original factory inscribed serial number on the MV engine,
engine block or chassis of MV

Body building
- replacing entire body with new body

Dismantling
- tearing apart, piece by piece or part by part of a
motor vehicle
Identity tranfer
- act of transferring the engine number, chassis number, body
tag number, plate number, and any other identifying marks of a MV
declared as total wreck or is beyond economic repair

Overhauling
- cleaning or repairing the whole engine

Repainting

Remodeling
Total Wreck
- state or status of a motor vehicle being inoperational
or beyond economic repair due to the extent of damage in ist
body, chassis and engine after a vehicular accident or other
incident

Unlawful transfer or Use of vehicle plates

- presumed illegally tranferred when MV plate does
not correspond with that appearing in the certificate of
registration
Quasi-Delict/Culpa Aquiliana
- refers to a negligent act or omission which causes
harm or damage to the person or property of another, and
thus exposes a person to civil liability as if the act or omission
was intentional
- used to designate those obligations which do not arise
from law, contracts, quasi-contracts or criminal offense
**Who are liable in traffic accident?
Legal Basis
- Article 2176 of the Civil Code of the Philippines, which
provides, “Whoever by act or omission causes damage to
another, there being fault of negligence, is obliged to pay for
the damage done. Such fault or negligence, if there is no pre-
existing contractual relation between the parties is called
quasi-delict
 - Article 2180 of the same code states, “The obligation
imposed by Article 2176 is demandable not only for one’s
own act or omissions, but also for those of persons for whom
one is responsible.”
**Pursuant to Article 2180, the ff. persons are liable
1. The father and, in case of his death, the mother, are
responsible for the damages caused by the minor children
who live in their company
2. Guardians are liable for damages caused by minors or
incapacitated persons who are under their authority and live
in their company
3. The owners and managers of an establishment or
enterprise are likewise responsible for damages caused by
their employees in the service of the branches in which the
latter are employed or on the occasion of their function

4. Employers are liable for the damages caused by their

employees even though the former are not engaged in any
business or industry
 - Article 2185 of the Civil Code of the Philippines states,
“Unless there is proof to the contrary, it is presumed that a
person driving a motor vehicle has been negligent if at the
time of the mishap, he was violating any traffic regulation.”
Last Clear Chance
- a person who has last clear chance or opportunity of
avoiding an accident, notwithstanding the act of his opponent
or the negligence of a third person which is imputed to his
opponent is considered in law solely responsible for the
consequences of the accident
Assumption of Risk
- defence where the plaintiff knowing the dangers
involved had voluntary assumed the risk of injury and
therefore foresee the impending harm that will result if he
continues
Culpa Criminal/Criminal Negligence

Reckless Imprudence
- consists in voluntary, but w/o malice, doing or
failing to do an act from which material damage results by
reason of inexcusable lack of precaution on the part of the
person performing or failing to perform such act
 Simple Imprudence
- consists in lack of precaution displayed in those
cases in which the damage impending to be caused is not
immediate nor the danger clearly manifest/not openly visible
State of Necessity
- there is state of necessity even if the injury to a
person results in his death, because self-preservation always
makes the actor feel that his own safety is greater than that of
another

Elements or requisites under the law

1. the evil sought to avoided actually exists
2. the injury feared be greater than that done to avoid it
3. that there is no other practical and less harmful means of
preventing it
Temporary Operator's Permit
- valid for 3 days
- issued to apprehended violator/driver at the site of
apprehension
- MC # 515-2004

Impounding Receipt of MV
- issued if MV is impounded
Technical Impounding
- confiscation of both driver's license and the two
license plates at the time of apprehension instead of
impounding the MV
Admitted case
- apprehended driver/violator admitted the violation
cited in the TOP

Contested Case
- apprehended driver/violator signifies to oppose the
violation indicated in the TOP
Skid Marks
- marks caused by tires on roads which occur when a
vehicle wheel stops rolling and slides or spins on the surface
of the road

Scuff Marks
- signs left on the road by tires that are sliding or
scrubbing while the wheel is still turning
Gouge
- cut or groove left on the road or on any surface of the
vehicle

Rut
- deep, narrow mark made in the ground by the wheels
of the vehicle
Transfer Evidence
- it is an evidence found at the accident scene that will
connect to the suspected vehicle and with the crime scene

Traffic Accident Investigation

- 5 Ws, 1 H
Sketches
- helps explain the accident
- help investigator reveal facts
- locate any given point at the scene
- serve as basis for accurate scale drawing

Measurements
- Triangulation Method
- Coordinate method
Photographs
- visual documentation of the scene and location of
evidence
- used for scene reconstruction
PD 207 - declaring as part of the laws of the Philippines
the Vienna Conventions on Road Traffic and Road
Signs and Signals

PD 1911 - a law authorizing the disposal of unclaimed

recovered and impounded carnapped motor
vehicles

EO 202 - creating the LTFRB

RA 8749 - Clean Air Act

RA 8750 - Seat Belt Law

RA 7924 - creating the MMDA

RA 10913 - Anti-Distracted Driving Act

- that prohibits motorists from using
communication devices and other electronic entertainment
and computing gadgets while vehicles are in motion or
temporarily stopped on a traffic light or an intersection
RA 10916 - Road Speed Limiter Act of 2016

RA 10666 - Children’s Safety on Motorcycles Act of 2015

RA 10054 - Motorcycle Helmet Act of 2009

RA 10586 - Anti-Drunk and Drugged Driving Act of 2013

RA 10930 - Extending the validity period of driver’s licenses

Thank you!!!