Police Department Policy

60957625.pdf

Gainesville Police Department

Policy Text
\n\n--- Page 1 ---\n\nTITLE ACCREDITATION Traffic Crash Investigation CALEA Chapter 61.1.2.b, 61.1.5.h, 61.2 PROPONENT UNIT PRIOR REVISIONS Traffic Unit 01/19/10, 06/23/15, 07/23/20, 02/22/21 ATTACHMENT: 0 NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 61.6 07/01/98 09/05/24 10 I. PURPOSE: This Order establishes guidelines for governing the duties and responsibilities of Department members regarding traffic crashes. II. POLICY: The Gainesville Police Department shall investigate and document motor vehicle crashes, as directed by this Order. (See G.O. 61.7 regarding crashes involving Department vehicles.) [CALEA 61.2.1] III. DEFINITION: Traffic Crash: A sequence of events involving a motor vehicle in transport that results in unintentional injury, death, property damage, or any other harm. The location/jurisdiction of a crash is determined by the occurrence of the first harmful event (leaving the roadway, striking another vehicle, hitting a fixed object, etc.). Motor Vehicle: Every device in, upon or by which any person or property is, or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. Commercial Vehicle: A motor vehicle shall be classified as a commercial vehicle if it meets any of the following conditions: A. A truck with a gross weight rating of 10,000 lbs. or more, or B. A vehicle displaying a hazardous material placard, or C. A vehicle designed to transport more than 15 passengers, including the driver. IV. PROCEDURE: A. Required Field Response: Communications shall dispatch an appropriate Department member (FST or sworn) to the scene of a traffic crash, ,Except Parking Lot crashes (see section B), to include incidents involving: 1. Injury or death: Dispatch will send sworn members in marked or unmarked emergency vehicles dispatched or responding to a crash with a report of 1 Scope: Sworn and FSTs\n\n--- Page 2 ---\n\npersonal injury may utilize emergency lights (including headlights/wig-wags) and siren: [CALEA 61.2.2.b] 2. Leaving the Scene; 3. Impaired driver due to alcohol or drugs (See G.O. 61.3); 4. Damage to public vehicles or property (city, county, state, federal); 5. Hazardous materials; [CALEA 61.2.2.c] 6. Disturbances; 7. Major traffic congestion as a result of the crash; 8. Damage to vehicles which need to be towed; 9. Rental vehicles 10. Other crashes (including minor crashes) as determined by the information received, and/or the potential amount of damage, or other requirements of Florida statutes. B. Parking Lot Crashes I. Department members are to respond to the following parking lot crashes only: A crash with injury; A crash with fatality; A hit and run crash; A DUI crash; A crash, which requires a wrecker to remove the vehicle; A crash with a commercial motor vehicle. A crash participant insists a report be taken C. Scene Assessment/Initial Duties: The first Department members arriving at the scene of a traffic crash shall: [CALEA 61.2.1 & 61.2.2.d] 1. Protect the scene by strategically positioning their Department vehicle and using its warning or emergency lights to minimize the chance of further crashes or injuries; and, depending on the situation, one or more of the following actions: i. Redirecting traffic around or away from the crash site; ii. Moving involved vehicles out of the street, or out of a moving lane of traffic, when possible; iii. Placing orange traffic cones (when available) on the roadway to mark the hazard; [CALEA 61.2.2.e] 2 Scope: Sworn and FSTs\n\n--- Page 3 ---\n\niv. Using flares, when available, for crashes occurring on I-75 at night. [CALEA 61.2.2.e] 2. Identify injured persons, if any, and render aid; [CALEA 61.2.2.b] 3. Contain, protect and cordon off the area as a crime scene, if: [CALEA 61.2.2.e] i. An actual or potential fatality is involved; ii. A known or suspected significant criminal violation occurred (e.g. aggravated battery, hit and run, etc.). 4. Request medical assistance, when indicated, if not already dispatched; [CALEA 61.2.2.b] 5. Request additional officers for traffic control, if necessary; 6. Identify any possible fire hazards and/or hazardous materials. If any are part of or a threat to the scene, notify the fire department immediately [CALEA 61.2.2.c] Members shall follow the procedures identified in G.O. 46.9 regarding hazardous materials. 7. When indicated, ensure that photographs are taken immediately to record proximate locations of vehicles, vehicle parts, drivers and occupants, and other scene references, especially when the crash is major, even if assistance that is more technical is later requested or responds. 8. If any of the parties or witnesses to the crash are involved in a disturbance, separate them, directing them out of the street, and summon additional units to assist, as needed. 9. If any of the drivers/vehicles left the scene, communicate the description of the vehicle and/or driver, direction and mode of travel, time lapse, severity of the crash, injuries, and any other pertinent information to other field units as soon as possible. 10. Identify witnesses, record information and retain witnesses at the scene for the investigating officer, if different from the first responder. D. Primary Unit: The primary unit dispatched is in charge of the traffic crash investigation, regardless of arrival order, unless relieved by a higher authority or by a previously arriving member who volunteers to conduct the investigation. [CALEA 61.2.2.a & 61.2.2.g] 1. Investigative Responsibilities: The following may not be the preferred order. Each investigation will be conducted based on the particular crash scene being investigated. [CALEA 61.2.1 & 61.2.2.d] i. Identify and interview witnesses; 3 Scope: Sworn and FSTs\n\n--- Page 4 ---\n\nii. Verify whether or not the incident meets the Florida State Statute definition of a crash; iii. Verify the jurisdiction and location of the crash, if in question (i.e., City v. County, public, quasi-public or private property). A crash is determined to have occurred at the location of the first harmful event. iv. Identify potential/actual evidence, and preserve it for collection/photographing, if applicable. Ensure any changes in the scene, location or alteration of evidence, or any other pertinent conditions are relayed to the person arriving to process the scene. [CALEA 61.2.2.e] v. Verify the information of all involved parties; a. Drivers’ license, insurance and registration information; b. Identity and location of all passengers. c. Complete a drivers’ exchange of information. This may be accomplished by completing a driver’s exchange of information form within the Traffic Crash Module and giving one to each driver. vi. Investigate the traffic crash; [CALEA 61.2.1] a. Determine contributing factors, if possible. b. Request a traffic homicide investigator if serious bodily injury is present, a trauma alert is issued, or a fatality appears likely. (See Go 61.8). c. Avoid the term "at fault" in the crash report or while discussing the crash with the persons involved. The determination of fault is a civil matter decided in the courts through litigation. Members may discuss: 1). That a driver is being cited for a violation, and the nature of the violation; 2). Contributing causes to the crash, limited to the investigative findings. vii. Issue traffic citations for clear-cut violations. Members who chose not to cite one or more drivers in the crash may be required to justify their decision to the reviewing supervisor. [CALEA 61.1.2.b & 61.1.5.h] viii. Clear the scene of vehicles and debris; [CALEA 61.2.2.e] 4 Scope: Sworn and FSTs\n\n--- Page 5 ---\n\na. Unless it is needed for evidence, a motor vehicle illegally parked or disabled due to the crash shall be towed by a wrecker company selected by the owner or from the rotation list if the vehicle is unable to be moved or towed by the owner within 30 minutes after the crash. Department members shall not recommend a particular wrecker comp

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