Additional Notes in Traffic Management and Accident Investigation
Additional Notes in Traffic Management and Accident Investigation
Additional Notes in Traffic Management and Accident Investigation
Biorhythm is the theory which asserts that a man exhibits constant variation of life, energy and mood
states.
Man’s Theorized Cycles and Interpretation. Rhythm are peculiar characteristics of most natural
phenomena.
Example:
1. The diurnal exchange of light and darkness.
2. The four seasons.
3. Our wet and dry season.
4. The waxing and waning of moon.
The most famous of biorhythm are the following:
1. 23 days physical cycle
2. 28 days emotional cycle
3. 33 days intellectual cycle
The 23 days cycle is also known as our cycle of strength, endurance and courage (the male component of
a person).The 28 day cycle (equal to a girl’s 28 day menstrual cycle)is also known as our cycle of sensitivity, love
and intuition (the female component of a person). When the curve is above the center line, the biorhythm value is
said to be “high” or a person has some more energy to spare.
Example:
1. Physical high – we tend to be energetic, strong full of vitality.
2. Emotional high – we tend to be creative, artistic, cheerful and happy.
3. Intellectual high – we are able to think quickly and logically.
When the curve is below the center line, the biorhythm is said to be “low” in a recharged period.
Example:
1. Physical Low – we tend to tired quickly; tend to succumb to illness easily.
2. Emotional Low – we feel moody, irritable or depressed.
3. Intellectual Low – we have poor judgment etc.
Driver’s Condition
A- wear eye glasses
B- drive only with special equipment for upper limbs
C- drive only with special equipment for lower limbs
D- daylight driving only
E- accompanied by a person with normal hearing
Lost Driver’s License:
Licensee shall apply for a duplicate of the original on file with the LTO by filing a sworn statement that
such license has been lost and that a thorough and diligent search was useless.
Exceptions to HIT and RUN
1. If he is in imminent danger of being seriously harmed by any person/s by reason of the accident.
2. If he reports the accident to the nearest officer of the law; and
3. If he has to summon a physician or nurse to aid the victim.
The Conductor – As mandated by law, the conductor must pass the statutory qualification before a license is
issued in his favor, a condition precedent to his employment. He shall be exclusively held liable if he allow more
passengers or more freight or cargo in his public utility trucks or buses.
All men on the department should be trained to direct traffic at the following:
a. Accident scene
b. Other emergencies
c. Planned special events
d. Regular point and interrogation control
e. Directing pedestrian’s movement
Supervised Route – Any street or highway on which traffic is supervised to some considerable degree.
Police Traffic Direction – It is defined as telling drivers and pedestrians how and where they may or may not move
or stand at a particular place, especially during periods of congestion or emergencies.
International Traffic Signs (1968 United Nation’s Convention in Vienna, Austria on Road Signs)
A. Danger Warning Signs (Caution Signs) – These signs are intended to warn road users of a danger that lies ahead
and of its nature.
This signs have an equilateral triangular shape with one sided horizontal and having red borders.
Lester Wire- Developed the first world electric traffic lights in 1912 in Salt Lake City, Utah USA.
1918- New York City put up the first automatic (three colored) lights then followed by Britain in 1926 until at
present.
Accident
It is the occurrence in a sequence of events which usually produces unintended injury, death, or property
damage.
Traffic Accident
It refers to an accident involving travel transportation on a traffic way.
Motor Vehicle Accident
It refers to events resulting in unintended injury or property damage attributable directly or indirectly to
the action of a motor vehicle or its loads.
Motor Vehicle
Any device which is self-propelled and every vehicle which is propelled by electric power obtained from
overhead trolley wires, but not operated upon rails.
Key Event
It refers to an event on the road which characterizes the manner of occurrence of a motor vehicle traffic
accident.
Debris
Any scattered broken parts of vehicles, rubbish, dust and other materials left at the scene of the accident
caused by collision.
Traffic Unit
Any person using a traffic way for travel, parking or other purposes as a pedestrian or driver, including any
vehicle, or animal which he is using.
Strategy
It is the adjusting of speed, position on the road, and direction of motion, giving signals of intent to turn or
slow down, or any other action in situations involving potential hazards.
Tactic
Any action taken by a traffic unit to avoid hazardous situations like steering, braking, or accelerating to
avoid collision or other accident.
Factor
Any circumstances contributing to a result without which the result could not have occurred or it is an
element necessary to produce the result, but not by itself sufficient.
Cause
The combination of simultaneous and sequential factors without any one which result could not have
occurred.
Attributes
Any inherent characteristics of a road, vehicle, or a person that affects the probability of a traffic accident.
Tire Marks
Three Major Parts
1. Tire Marks
2. Skid Marks/Acceleration Scuff - These are marks left on the roadway by tires which are not free to rotate,
usually because brakes are applied strong and the wheels locked.
– Gap Skid
– Skip Skid
3. Scuff Marks (Side Skid Mark )
Other Tire Marks
Yaw Marks (Striations)
Centrifugal Skid Marks
Kinds of Traffic Accidents
1. Non-Motor Vehicle Traffic Accident
2. Motor Vehicle Non-Traffic Accident
3. Motor Vehicle Traffic Accident
Classification of Motor Vehicle Traffic Accident According to Key Event
1. Running off road- Ex.: Vehicle falling on roadside or on a cliff.
2. Non-collision on road- Ex.: Overturning
3. Collision on the road- Ex.: Vehicle to Pedestrian etc…
Classification of Accidents According to Severity
1. Property damage accident
2. Slight
3. Non-fatal injury accident
4. Less Serious
5. Serious
6. Fatal
Causes of Motor Vehicle Traffic Accidents
1. Simultaneous Factors
a. Road Condition
b. Driver’s attitude or behavior
c. Weather condition
2. Sequential Factors
a. Speed is greater or less than safe
b. Defective Vehicles
3. Operational Factors
a. Road hazards
b. Driver’s non-compliance to traffic laws
4. Perception Hazards
a. Driver’s inability to react promptly to a situation
b. Driver’s faulty action to escape collision course.
Chain of Events in a Vehicular Accident
First: Perception of Hazards
Second: Start of Evasive Action
Third: Initial Contact
Fourth: Maximum Engagement
Fifth: Disengagement
Sixth: Stopping
Seventh: Injury
5 Levels of Activity in Accident Investigation
1. Reporting- Basic data collection
2. At-scene Investigation
3. Technical Preparation- Organization for study and interpretation
4. Professional Reconstruction
Traffic Accident Reconstruction (How)
It is the effort to determine, from whatever information is available, how the accident happened.
Describing the event of the accident, in more or less detail, is the aim of accident reconstruction. It is important
much more if there is no eye witness to the incident. This involves attempting to determine, for each vehicle or
pedestrian involved, such particulars as:
a. Position on the road
b. Facing or heading direction
c. Speed
d. Direction travel
e. Acceleration or deceleration
f. Rotation
5. Cause analysis
Traffic Accident Analysis (Why)
Accident analysis is a detail study made to determine the factors contributing to the occurrence of
accidents. Proper identification of contributory factors is needed in implementing measures to prevent the
occurrence or mitigate the effect of accidents.
S= √5.5 DF (+F)
4. Then Substitute:
S= 5.5 √55ft x .86) + .67
S= 5.5 √47.3 + .67
S= 5.5 √47.97
S= 5.5 (6.93)
S= 38.12mph
This formula has gained acceptance and validation by the decisional doctrine as enunciated in the leading
case of People vs. Herman before the Traffic Magistrate City Court, New York City, 20 N.Y.S.(2nd) 174 N.Y.
Misc.235. This ruling appears to influence many countries to take official cognizance of the admissibility of skid
marks as evidentiary tool to determine the minimum speed of the vehicle before the vehicular accident.
Classification of Accident According to Severity:
1. Fatal Accident – any motor vehicle accident that results in death to one or more person.
2. Non-fatal Accident – any motor vehicle accident that results in injuries other than fatal (death) to one
or more persons.
3. Property Damage Accident – is any motor vehicle accident where there is no death or injury to any
person but only to the motor vehicle or to other property including injury or death to animal.
Hit-and-run Investigation:
Hit-and-run commonly applied to driver who failed to stop after a road accident. It is the failure to yield to
any officer within reasonable time: the gravamen or the keystone which make the driver liable.
Settled is the rule, that the non-stopping of the driver after the accident has the legal presumption of
evading social and moral responsibilities as mandated by law, in effect, several legal actions can be filed
against the hit-and-run driver, among them are:
1. Abandonment of one’s victim.
2. Failure to lend assistance to the injured parties.
3. Reckless imprudence resulting to homicide.
4. Reckless imprudence resulting to damage to properties.
5. Failure to render assistance to victim.
6. Violation of Section 55, R.A. 4136 as amended.
7. Civil liability of a person guilty of felony.
A Good Reason of Bringing Hit-and-Run Driver’s to Justice:
1. Increase public support for traffic work.
2. Enable people to appraise result to traffic law enforcement.
3. Provides victim a chance to receive compensation for injuries and losses sustained.
Nature of Common Hit-and-Run Cases:
1. Run over of pedestrian crossing on marked crosswalk.
2. Sideswiped of pedestrian on the sidewalk.
3. Collided with a moving vehicle while overtaking on same direction.
4. Collided with a moving vehicle while overtaking on opposite direction.
5. Damage parked vehicle along the roadside.
6. Crushed police road-blocks.
7. Bumped stray animal on the roadway.
How to Delimit the Scope of Investigation from the Wide Universe of Unknown:
Given: A pedestrian when run-over by a speeding vehicle while crossing the marked cross-walk at 1:00 PM.
Blood, splintered glass and debris were splattered on the pavement near the victim.
Unknown:
1. the victim’s identification
2. the kind of vehicle
3. the make of vehicle
4. the model of vehicle
5. the registered vehicle
6. the driver
7. the eyewitness
The absence of informant or eyewitness is not a plausible reason for the crime to be unsolved. There is no
perfect crime only imperfect investigation. For every crime the criminals always leave imprints of his act.
Prosecution of Cases:
Traffic accident investigator has the sole responsibility in the filing of cases to the proper
authorities in case of Fatal and Non-fatal Accident including hit-and-run. For Property Damage the filing is
dependent upon the discretion of the complaining party (either the complainant or the police investigator) within
one year from the date of the accident.
In case of Death or Physical Injury incurred during the Traffic Vehicular Accident whether regular
or hit and run investigation, upon the arrest of the accused he must be delivered to the Proper Judicial Authorities
within the prescribed period as provided for under the law.
Court Duty:
Traffic accident investigator will be summoned to appear before the court and there and then testify to
the case he had investigated. The investigator must be in complete police prescribed uniform. He must be fully
aware of the case in issue. During the trial, he will be subjected to a direct and cross examination by the
prosecution and the defense counsel.
Traffic Laws, Rules and Regulations
Sources
Republic Acts
1. R.A. 4136- Land Transportation Code of the Philippines. It has repealed Act No. 3992 (The Revised Motor
Vehicle Law).
2. R.A. 6539- Anti-Carnapping Act of 1972.
3. R.A. 5448- Act imposing a tax on privately owned passenger automobiles, motorcycles and scooters, and a
science stamp tax to constitute a special science fund…
4. R.A. 8749- Also known as the “Clean Air Act”.
5. R.A. 8750- Seat Belt Law
6. R.A. 7924- Act creating Metropolitan Manila Development Authority (MMDA).
4. R.A. 8749- Also known as the “Clean Air Act”.
5. R.A. 8750- Seat Belt Law
6. R.A. 7924- Act creating Metropolitan Manila Development Authority (MMDA).
Presidential Decrees
1. P.D. 96- Regulating the use of sirens, bells, horns etc… exceptions to vehicles belonging to the AFP, NBI,
LTO, PNP, BJMP, Hospitals and BFP and are specifically intended for use in emergencies.
2. P.D. 207- Declaring parts of the laws of the Philippines the Vienna Convention on Road Traffic, signs and
signals.
3. P.D. 612- Requiring compulsory insurance for all types of motor vehicles against third party liability…
4. P.D. 1181- Providing for the abatement of air pollution from motor vehicles and for other purposes.
5. P.D. 98- Regulating the issuance of license plates of all motor vehicles as modified by P.D. 109.
6. P.D. 1729- Authorizing the Bureau of Land Transportation to dispose impounded motor vehicles unclaimed
for a certain period of time.
Letters of Instruction
1. L.O.I. 43- Providing for the removal of all impediments on roads, streets and highways such as construction,
stalled parked vehicles and other movable objects that obstruct free passage.
2. L.O.I. 112- Prohibiting freight and cargo trucks from using roads, highways and bridges whose load
capacities are in excess of specific allowable limits.
3. L.O.I. 716- Every motor vehicle to equip at least a pair of EWD.
Memorandum Circulars
1. M.C. 94-188- Issuance of driver’s license to disabled persons.
2. M.C. 94-192- Diesel smoke emission test for motor vehicles.
Executive orders
1. E.O. 202- Creating the land Transportation Franchising and Regulatory Board (LTFRB).
2. E.O. 248- Empowering the LTC to control and supervise the operations of Motor Vehicle Driving Schools.
Others
1. Batas Pambansa Blg. 344- Act to enhancing the mobility of disabled persons by requiring certain buildings,
institutions, establishments and public utilities to install facilities and other laws.
2. Memorandum Unnumbered dated July 13, 1992- Early Warning Device is not a requirement for
registration.
3. SC Bars Lawmen from removing Car Plates (187 SCRA 432)