Brian O. Reeves ACTAR #2398

Objectives Not all crash reports are the same – STARS Report – Reconstruction Report Different officers do different reports – Patrol Officer – Traffic Officer – Reconstructionist

Objectives Why are these distinctions important – What can I expect – What are the limitations of the report/information Why is this important to you – What is expected of me and what is needed to produce my work product

What kind of report do you have ?

STARS Report Reconstruction Report

What is a STARS Report

STARS REPORT State mandated on State Form – Standardized across the state Filled out by Law Enforcement – For a statistical analysis – As a service to the community – Looking for Traffic Violations – Attempting to location problems

STARS REPORT IN 2012 National there were 36,200 fatal crashes In Missouri There were 137,384 reports filed with MSHP There were 826 persons killed in 762 crashes SPD filed 5% of these reports (6,889) Springfield PD 22 fatal crashes Columbia PD 5 fatal crashes Kansas City PD 69 Fatal crash (highest in the state)

STARS REPORT Criteria for completion: At least one motor vehicle in transport At least one harmful event (Damage or Injury) Unintentional act Not a result of a Cataclysm Not initiated by aircraft or watercraft

STARS REPORT Mostly a checkbox and fill in the blank form – Captures standard information Person information Vehicle information Location information Time information Damage and Injury information – Little room for follow-up – Ten to twenty minutes investigation

Who fills out the STARS? A Street Officer – A Generalist with a long list of skills, too long to list here – A Criminal Investigator

So who is this person… – According to Paul Harvey According to Paul Harvey

POLICEMEN Tied to the radio for his next assignment – There is typically always one waiting Crash Resources – A 192 page manual for a 3 page report – One week of training in the academy – He might know

Policemen Do they investigate Fatal Crashes? Not if they can help it Usually on a very limited bases One of the main criteria is – Are the going to be charges filed?

POLICEMEN SINGLE VEHICLE SINGLE OCCUPANT FATAL – It’s all his because there are no charges – Will typically be asked… What is taking so long? When can the road be re-opened? – Its just a crash report for the insurance company

Who is a Reconstructionist? A Police Specialist – Formalized Crash Investigation Training Basic Advanced Reconstruction – Other Specialty Schools Human Factors Motorcycle / Pedestrian Commercial Motor Vehicle Event Data Recorder Forensic Mapping Photography Occupant Kinematics Etc.

Reconstructionist Specialized Equipment –Total Station –Camera –EDR Equipment –Scene marking tools –Street closure devices

Reconstructionist Resources include: – Reference material from specialized training – Formula books – Other team members – Time – Experience – Desire to get it right

What is this Desire?

Reconstructionist Some are not Law Enforcement Formal Education – Physics – Engineering – Mathematics

The Reconstruction Report A Criminal Investigation –1 st Degree Murder –2 nd Degree Murder –Involuntary Manslaughter –Careless and Imprudent Driving

The Reconstruction Report Includes but not limited to: –Scale Diagram (Baseline Coordinate or Triangulation Measurements) –Event Data Recorder (EDR) Download –Witness statements –Follow-up Investigation –Photographs –Probable contributing circumstances explained

The Reconstruction Report Crime scene documentation – DNA – Finger Prints – Photography – Forensic Scale Diagram (Total Station) – Physics (Analysis of Vehicle Dynamics) – Physical Evidence

The Reconstruction Report – Sequence of events – Confirmation of statements through Analysis Physical Evidence EDR Photography Scale Diagram Lab Analysis

The Reconstruction Report A Technical Report Opinion based on the totality of the information available at the time Takes more time to complete

Criteria for Reconstruction Every agency has there own – As vague as what ever the Traffic Section Commanders wants done – As broad as every thing that is not a single vehicle single occupants fatal crash – As specific as three or more fatalities, CMV, Transport conveyances of 15 passengers or more, Hazardous material transport, school buses, or government owned vehicles

Do the lines blur between the two Late death – 30 day Rule Lack of Resources – Single vehicle single occupant – Other Reconstruction – Technical vs Full Reconstruction

Do the lines blur between the two Information gathered to allow for reconstruction at a later point Peer Review

ACTAR Accreditation Commission for Traffic Accident Reconstruction Members include – Police Officers – Engineers – And other from the reconstruction community

ACTAR 1985 the National Highway Traffic Safety Administration (NHTSA) Provided money to come up with guidelines for standardized training in the field of accident reconstruction – Task force was formed which was made up of – Accident Reconstructionists – Engineers – Police Officers – Educators – Attorneys

ACTAR In 1990 all the work paid off

ACTAR Person has shown a minimum level of proficiency by passing the accreditation test Requires 80 hours of continuing education each five years of accreditation

Reconstruction Environment CriminalCivil

Criminal Burden of proof Beyond Reasonable Doubt Highest standard used as the burden of proof There is no plausible reason to believe otherwise

Criminal Why the higher Burdon of Proof? The Cost is not only monetary Removal of Constitutions Rights Removal of personal Liberty Jail or Prison

Civil Fault What ifs Aggravating and mitigating circumstances Successful litigation equals money and sanctions Burden of proof Preponderance of the evidence, also known as balance of probabilities is the standard required in most civil case The standard is met if the proposition is more likely to be true than not true

REVIEW What have you been given? Who Prepared it? For what Purpose? What do I need?

CONCLUSION STARS Report vs Reconstruction Apples vs Oranges Insert hand drawn vs total station drawing

Contact Information: Brian O. Reeves