HomeMy WebLinkAbout62A - Crash Investigations - 2019
Policy & Procedure Page 1 of 10
Lexington Police
Department
Subject: Motor Vehicle Crash
Investigations
Policy Number:
62A Accreditation Standards:
Reference: 61.2.1(a-f); 61.2.2(a-h); 61.2.3(a-f); 61.2.4; 83.2.6 Effective Date:
1/1/12
New
Revised Revision
Dates:
1/24/19
By Order of: Mark J. Corr, Chief of Police
The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the
Massachusetts Chiefs of Police Association. MPI provides training and model policies and
procedures for police agencies. This policy is an edited version of MPI Policy 5.02 “Traffic
Collisions.”
GENERAL CONSIDERATIONS AND GUIDELINES
The police function in relation to traffic collisions is varied. Aid to the injured, traffic
control, investigation, enforcement, and collision prevention are some of the areas
upon which the police will have an impact. An adequate response, knowledgeable
performance and preventive efforts can go a long way in minimizing increased
damage to property and bodily injury. Police responsibility will continue until the
injured have been cared for, the collision vehicles have been removed, the roadway
is clear of debris, and the traffic flow is normalized.
The objective of a hit and run investigation is to determine responsibility for the
collision and to identify both the offender and the vehicle involved. This is often a
difficult task because the very elements of the crime include flight from the scene. Hit
and run collisions may involve property, persons or both. As the circumstances are
more serious when a human life is involved, these procedures are primarily directed
at hit and run investigations involving persons
It is the policy of The Lexington Police Department to respond to and investigate all
traffic collisions requiring police response, and to render assistance to the extent
possible with other crashes (such as information swaps, contacting road service).
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PROCEDURES
A. Motor Vehicle Crash Response, Investigation and Reporting
1. All reported motor vehicle crashes should typically have two officers
dispatched to assess what is needed and provide scene safety.
a. Many crashes are reported with only partial information because callers
are passing by the incident and cannot fully determine injuries or hazards.
b. If it is determined and confirmed that the crash is minor and all that is
needed is an officer to swap information, the response may be changed
from two officers to one officer.
2. Crashes Requiring More Than Basic Police Assistance: Officers should
respond to traffic collisions involving any of the following circumstances:
a. Crashes resulting in death or personal injury; [61.2.2(a)]
b. Hit and run crashes; [61.2.2(b)]
c. Impairment of an operator due to alcohol or drugs; [61.2.2(c)]
d. Damage to public/government vehicles or property; [61.2.2(d)]
e. Crashes involving hazardous materials (HAZMAT); [61.2.2(e)]
f. Disturbances between involved persons; [61.2.2(f)]
g. Major traffic congestion because of the crash; and [61.2.2(g)]
h. Damage to any vehicle that requires it to be towed. [61.2.2(h)]
3. Crashes Requiring Police Report and Investigation: The following types of
crashes, whether occurring on public or private property, shall require police
investigation and report: [61.2.1(f)] [83.2.6]
a. All those involving death or personal injury; 61.2.1(a)]
b. All property damage crashes with estimated damage in excess of one
thousand dollars;i [61.2.1(b)]
c. All hit and run crashes which involve personal injury, and those hit and run
property damage crashes; [61.2.1(c)]
d. Those involving operator impairment due to alcohol or drugs; [61.2.1(d)]
e. Those involving any vehicle carrying hazardous materials (HAZMAT);
[61.2.1(e)]
f. Those which appear to have been caused by a moving violation on the
part of one or more of the operators, by defective equipment on or in a
vehicle, or by any other circumstances which impeded the safe operation
of a vehicle;
g. Crashes that appear to have been caused by the incompetence of an
operator. (See also Department policy 61 - Traffic Safety); and [61.1.2]
h. A crash occurring under the above conditions on private property (unless
involving just minor property damage and not a hit and run situation).
[61.2.1(f)]
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B. Duties of First Officers on the Scene
1. Upon Arrival:
a. The first officer arriving shall be in charge until relieved by a supervisor
and: [61.2.3(a)]
i. If necessary, request assistance of other patrol units, emergency
medical personnel, and/or the fire department;
ii. Identify injured persons, determine the extent of injuries, if any, and
treat the most serious until assistance of equal or greater medical
ability arrives; [61.2.3(b)]
iii. Address scene safety issues;
iv. Secure the scene as a crime scene, and preserve and protect
evidence if necessary; [61.2.3(e)]
v. Identify hazardous materials or fire hazards; [61.2.3(c)] and
vi. In the event of hazardous material incidents, isolate the hazard
area and evacuate nonessential personnel.
b. The officers shall then be responsible for preliminary hazard identification
(spill, leak, fire) and identification of vehicle and container placards, until
the arrival of the fire department.
c. The officers should collect operators’ licenses, passenger identifications,
vehicle registrations, and witness identifications, as appropriate [61.2.3(d)],
and arrange for the removal of damaged vehicles from the roadway,
where they will not impede or interfere with the investigation. (See also
Department policy 61C - Towing Motor Vehicles and Inventory
Procedures).
2. Property: When officers are required to handle crash victims’ personal
property (such as for identification purposes), they should do so, whenever
possible, in the presence of witnesses, who should be identified in the officers’
reports. If property is to be held, it shall be turned into the property officer and
documented in accordance with Department policy 83B - Property and
Evidence Control. [61.2.3(f)]
C. Preliminary Investigations
1. Duties of the Investigating Officer
a. The officer assigned to the geographical sector in which it occurs will
typically investigate the crash. [83.2.6]
b. The assigned investigating officer shall conduct a thorough investigation
of the crash and take the following actions:
i. Identify and interview operators and passengers. Check validity of
their right to operate, vehicle registration, and insurance status.
ii. Interview involved persons and witnesses.
iii. Examine and record vehicle damage.
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iv. Examine and record effects of collision on the roadway, median
barriers, utility poles and other infrastructure.
v. Take measurements, as appropriate.
vi. Take photographs, as appropriate.
vii. Collect and preserve evidence.
viii. Collect and record operator and vehicle information for report and
exchange among principals.
ix. Complete the police officer’s Registry of Motor Vehicles Crash
Report form.
x. In cases where the ambulance service has transported an injured
person to the hospital, an officer may respond to local hospitals
when a statement is needed from an injured party.
2. Duties of the Patrol Supervisor
a. In all cases of serious crashes a Patrol Supervisor should be assigned to
work with and assist the reporting patrol officer. A serious crash is a crash
that results in death or injuries serious enough that death may be a likely
result.
i. If staffing on the shift in which the crash occurs includes a Patrol
Supervisor, this patrol supervisor will work with the patrol officer that
is assigned the crash.
ii. If there is no Patrol Supervisor working the shift, the Commanding
officer will attempt to call in a Sergeant as soon as possible to assist
and join the investigation.
iii. If a Sergeant cannot be reached in a timely manner, one will be
assigned the next day to work with the investigating patrol officer.
b. The Patrol Supervisor and Commanding Officer shall:
i. Coordinate the response of other public safety service providers;
ii. Request additional resources as necessary;
iii. Coordinate the re-routing of traffic if necessary;
iv. Supervise the treatment of injured until medical personnel arrive;
v. Supervise the investigation, working closely with the assigned patrol
officer during every step of the investigation; and
iv. Contact the Middlesex District Attorney’s Office to notify of fatalities
or serious injuries.
3. Crash Reconstruction
a. When appropriate, the Commanding Officer or Patrol Supervisor shall
request an officer trained in Crash Reconstruction. The Massachusetts
State Police Collision Analysis & Reconstruction Section (C.A.R.S) will be
used for any fatal or potentially fatal crashes. If not available, or a
reconstruction is needed for other purposes, a crash reconstruction
request may go to other regional communities.
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b. An officer trained in Crash Reconstruction shall always be called in all
cases involving:
i. Fatalities; and
ii. Serious personal injury, which is likely to result in death.
c. Reconstruction officers may be called in:
i. For cases where, in the opinion of the officers on scene, and with
the approval of a supervisor, the expertise of the an officer trained in
Crash Reconstruction is necessary; or
ii. When requested by a supervisor.
D. Follow-Up Investigations [61.2.4]
1. Follow Up Services
a. The Department shall perform follow-up traffic crash investigation services
in support of on-going or anticipated criminal prosecution whenever
necessary. The discretionary authority of a Supervisor or Prosecutor
generally activates the use of this type of investigation.
b. When warranted, this follow-up information should include, but not be
limited to:
i. Collecting off-scene data;
ii. Obtaining/recording formal statements from witnesses and
suspects;
iii. Reconstructing collision;
iv. Preparing formal reports to support criminal charges arising from the
collision; and
v. Obtaining the completed Crash Report from the Massachusetts
State Police Collision Analysis & Reconstruction Section (C.A.R.S)
team at the conclusion of their investigation.
2. Expert and Technical Services
a. Collision Reconstruction Services: Trained personnel may be able to
determine:
i. The likely speed of a vehicle from skid marks and vehicle crash
damage;
ii. Positions of vehicles and pedestrians;
iii. Which occupant was operating or where occupants were seated;
iv. The contribution of roadway conditions and design, operation, and
vehicle conditions to the collision;
v. Energy losses and momentum exchanges in stopping vehicles; and
vi. The movements of vehicles and bodies in collisions.
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b. Air Bag Control Module: Trained personnel may be able to determine:
i. Which passenger safety devices were used prior to the collision;
ii. Which passenger protection devices were deployed during the
collision;
iii. The change in velocity of the vehicle prior to and shortly after
impact; and
iv. The use of brakes.
v. Note: A search warrant may be necessary to search the Airbag
Control Module. See also Department policy 41M –
Search and Seizure.
c. Experts: From time to time, follow-up crash investigations may require
special skills and technical assistance beyond that available from
department personnel. When necessary, the department shall utilize
outside expert and technical assistance (i.e., photographers, surveyors,
mechanics, physicians, and collision section specialists). A supervisor
shall make the decision of when to call in an outside crime scene
specialist.
E. Investigations of Hit and Run Crashes
1. The elements of hit and run: the defendant goes away having operated a
motor vehicle upon any way or in any place to which the public has a right of
access, or any place to which members of the public have access as invitees
or licensees, after knowingly colliding with or otherwise causing injury to any
person, or injury to any other vehicle or property without stopping and making
known his/her name and residence and the registration number of his/her
motor vehicle.
2. On-Scene Duties
a. Officers shall first make provisions for the medical treatment of the victim,
if necessary. Investigating officers should follow-up on the condition of
victims after they are transported to a hospital if there is any possibility
that the victim could die of his/her injuries, thus making a charge of motor
vehicle homicide possible.
b. Officers shall obtain the best possible description of the operator and
his/her vehicle from the victim and available witnesses. The following
information about the vehicle is important:
i. Make;
ii. Model;
iii. Year;
iv. Color;
v. Extent and location of damage;
vi. License plates (including partial numbers or letters);
vii. Unusual markings or equipment (including school, fraternal or
organizational signs or stickers, roof racks);
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viii. Direction of travel before and after the collision; and
ix. Number of passengers, if any, and their descriptions.
c. Descriptive information obtained shall immediately be communicated to
the dispatcher.
d. Officers shall search the area around the scene of the crash, the
automobile or other property which was struck, and the clothing of any
victim for physical evidence, including:
i. Personal property left behind by the offender;
ii. Glass fragments or paint chips;
NOTE: In the event a pedestrian is struck and injured, officers
should meet the ambulance at the hospital, if possible, to secure
any such evidence that may have been dislodged from the victim's
clothing during transport. Also, hospital personnel should be
requested to give the victim's clothing and any associated paint
chips or glass fragments to police.
iii. Pieces of chrome or grill work;
iv. Hub caps;
v. Tire marks;
vi. Oil, gas or water marks leading away from the scene;
vii. Mud or dirt dislodged on impact; and
viii. Video from any likely security cameras.
e. Photographs and measurements shall be taken at the scene when
required.
f. Officers shall examine the person and clothing of the victim. Particularly
important are traces of paint or parts of the vehicle. If necessary, an
officer may take and preserve articles of clothing or other samples of
evidence, such as hair, blood, etc. Outer clothing should be examined for
indentations left by impact points of the suspect auto, as these may serve
to identify the vehicle. If such indentations exist, the clothing should be
carefully preserved to prevent their obliteration. See also Department
policies 41M - Search and Seizure and 83B - Property and Evidence
Control.
g. Officers should be observant for persons foreign to the scene or persons
behaving in a suspicious manner.
h. When appropriate, officers should conduct a door-to-door canvas of
residences and businesses in the vicinity of the hit and run scene. Often,
persons who did witness some aspect of the incident are reluctant to
come forward and must be sought out by the police.
i. A preliminary search for the suspect car and driver shall be conducted as
soon as possible.
j. Neighboring police departments and the State Police should be notified
and given as complete a description as is then available.
k. The media may be contacted to alert and enlist the aid of the public in
locating the suspect vehicle and driver. The Public Information Officer
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should be contacted to help facilitate this. The Commanding Officer
should oversee any release of information if this is not possible.
l. The investigating officer shall prepare a report in accordance with
Department procedures.
3. Follow-Up Investigations
a. In-depth or follow-up investigations shall be conducted upon the direction
of the Chief, his designee, or a supervisor.
b. The follow-up investigation, if any, may include the following types of
activity:
i. Checks of records on stolen cars;
ii. Communication of information relative to the description of the
offender and vehicle to other members of the department, to police
departments in surrounding communities and to the State Police;
iii. A second search of the crash scene covering a wider area;
iv. Repeated visits to and surveillance of the scene at the same time of
the day that the collision occurred;
v. Canvassing of local businesses for video of the collision or traffic
leading to or from the scene; and
vi. Visits to garages, auto parts dealers, auto glass dealers, car
dealers, auto body repair shops, car wash facilities, etc.
c. If the vehicle involved is located, it shall be carefully examined.
i. Measure dents and body damage as to width, depth and pattern,
taking photographs, if possible.
ii. Obtain samples of paint chips, broken glass, pieces of clothing, dirt,
evidence of blood, hair, flesh, etc.
iii. Inspect the interior for personal articles which may identify the
offender.
iv. Observe and note any signs of recent repair or any broken or
missing parts.
NOTE: The above steps must be taken in accordance with
Department policy 41M - Search and Seizure. In the event a
search warrant is sought, the vehicle should be kept under
surveillance until a warrant is obtained. The identity of any person
attempting to enter the vehicle or to destroy evidence should be
established.
d. If the operator of the suspect vehicle is located, [s]he should be
questioned promptly. If applicable, the Miranda procedures must be
followed (See Department policy 41K - Interrogating Detainees and
Arrestees.) Prompt interrogation of the suspect driver is important. For
example, if [s]he cannot provide an alibi, or if [s]he provides an alibi that is
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later discredited, these will be critical factors contributing to a successful
prosecution.
e. In conducting a hit and run investigation, it should be noted that a hit and
run driver is not necessarily the operator responsible for the collision, but
[s]he may be fleeing from the scene of a crime. There may be a warrant
for his/her arrest; [s]he may be intoxicated; [s]he may not have a valid
license; or his/her license may be suspended or revoked. It is also not
unusual for a hit and run driver to abandon his/her vehicle as soon as
possible and then report it to the police as stolen in order to escape
responsibility for the collision.
f. A full and complete report shall be made of the collision and the
particulars of any follow-up investigation, in accordance with department
procedures.
F. Crash Reporting: Data and Crash Form Use [83.2.6]
1. Crash Data
a. This data provides information to officers, which will allow them to utilize
enforcement procedures for the purpose of reducing crashes within the
community.
b. The analyzed information should be based on crash data by:
i. Location;
ii. Time and violation factors;
iii. Fluctuations caused by seasonal variations that result in increases
or decreases in traffic volume; and
iv. Injuries.
2. Crash Investigation Form
a. Whenever an officer investigates a crash in which there is personal injury
and/or property damage in excess of one thousand dollars to any one
vehicle, or any other property damage in excess of one thousand dollars,
the officer shall be required to complete a Commonwealth of
Massachusetts Police Report of Motor Vehicle Crash Form.
b. When an officer is in doubt as to the extent of property damage or the
possibility of injury, the Commonwealth Crash Form shall also be used. If
a crash is minor in nature and no further information will be needed at a
later date, officers may advise the Dispatch Center, in lieu of a written
report that the information be entered as a journal note with all available
information.
c. Supplemental Report Form: A supplemental police report should be
attached when appropriate; such as when a citation is issued which the
officer feels is necessary to further explain actions taken.
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G. Crash Data Management
1. A case/incident number will be assigned to all crashes reported to the
Lexington Police that an officer gets dispatched to. At a minimum, a log note
associated with that case/incident number shall include the following:
a. All registration plate numbers and states of issue (i.e. Massachusetts);
b. Operator’s last names;
c. If the operator(s) have been cited;
d. If vehicle(s) were towed; and
e. If there were any injuries as a result of the crash and if those injured were
transported to an area hospital.
2. The Traffic Bureau shall enter specific data generated from Motor Vehicle
Crash Reports that are generated by:
a. Officer’s completed version of the Motor Vehicle Crash Report;
b. An operator’s completed version of a Motor Vehicle Crash Report in which
an officer was not required to complete a report, assisted in an exchange,
or there was no police involvement, yet the crash still occurred in
Lexington and is being reported by an operator of a vehicle involved.
3. The data the Traffic Bureau enters into the in-house computer system will
consist of:
a. Date;
b. Time;
c. Number of Vehicles involved;
d. Number of fatalities or injuries;
e. Property damage (and owner of damaged property);
f. Day of the week it occurred on;
g. Conditions at the time of the crash;
h. Residence of the operator(s); and
i. If fault of crash was determined.
4. Data entered into the in-house system may be accessed anytime to help
determine problem areas, areas that may need added enforcement, areas that
may need re-engineering, as well as overall totals.
i M.G.L. c. 90 s. 26