Police Department Policy

137 - CRASHES (Police or Other City Vehicles or City Property) REVISED

Village of El Portal Police Department

Policy Text
A. POLICE VEHICLE CRASHES 1. All crashes involving Police Department vehicles will be handled in the following manner: a. The Department vehicle involved in a crash should not be moved and Miami Dade Police Department shall be requested. However, if the vehicle is an obvious traffic hazard and must be moved, its position must be marked to allow for a comprehensive investigation to be conducted. b. The employee's supervisor will be notified and will respond to the crash scene immediately. If he is unavailable, then any supervisor may handle the incident. It will be the responsibility of the involved employee to insure that his immediate supervisor is ultimately made aware of the incident. c. A patrol officer will investigate the crash. d. The Village Attorney will be notified as soon as possible of any police vehicle crash involving serious injury or death, or if the police employee is D.U.I. e. Florida Traffic Crash Report Form, HSMV 90010S, will be completed on all crashes in which: (1). The crash resulted in bodily injury of any person. (2). The crash resulted in death of any person. (3). There was a violation of any of the following Florida Statutes: (a). Leaving the scene of an accident involving death or personal injury. (b). Leaving the scene of an accident involving property damage to attended or occupied vehicle or property. (c). D.U.I. f. For any crash not covered under Section A.1.e. of this policy, a Florida Traffic Crash Report Form, HSMV-90010S, will be completed in its Page 1 of 4 entirety. Any incident not considered a vehicular accident may be handled as a Traffic Complaint when authorized by a supervisor. g. It is the responsibility of the on-scene supervisor to insure that sufficient photography of the scene is completed to properly represent the incident. (1). Fatalities, potential fatalities, serious injury, and extensive property damage require 35mm photographs or Digital photographs covering, in detail, all aspects of the crash. (2). Minor crashes require photography showing the basics of the crash. (3). All photographs of Police or Village vehicle crashes will be marked "Village/Police Vehicle Accident" and the film container marked with the O.R. number, date, and officer's name and ID Number. The film or photographs will be forwarded for filing and retention. h. Report Procedure: (1). The on-scene supervisor will be listed on the Crash Report or Traffic Complaint as an additional investigating officer. The supervisor will do an on-scene supervisor's report and forward to the Chief of Police of his/her designee on the findings of the investigation stating any aggravating or mitigating factors and an opinion of whether the crash was preventable or non-preventable. (2). All on-duty Police vehicle crashes will be clearly indicated as such on the top of each crash report. (3). All Village vehicles will be listed as Vehicle #1 on the Crash Report form. (4). In police vehicle crashes, a copy of the Crash Report and on-scene supervisor's written report will be forwarded to the Chief of Police or his/her designee for final determination. No form of disciplinary action will be taken prior to final review and determination. 2. Citations: a. When it is determined by the Accident Investigator that the citizen involved has committed a traffic infraction, the investigator will determine if a citation should be given, and will issue same. b. When it is determined that the Police Department employee involved has committed a traffic infraction, that determination will be so noted in the on-scene supervisor's report. 201.6 - Page 2 of 4 3. Pursuits or Other Enforcement Action Resulting in Accidents; Unoccupied Vehicle Accidents and O.J. Accidents: a. In the case of a crash incurred while in a pursuit or other enforcement action, details relating to the crash and all contributing and/or extenuating factors are to be included in the crash report or traffic complaint, and the on-scene supervisor's report. b. When a subject intentionally "RAMS" or "COLLIDES" with a Police Department vehicle, a criminal offense has occurred, and the incident will be handled on an offense incident report, utilizing the proper heading. No Florida Traffic Crash Report is required. c. If a fleeing suspect is involved in a crash with a non-Police Department vehicle during the course of his flight, each resulting crash must be handled on a separate Florida Traffic Crash Report. If the subject intentionally collides with or rams a non-police vehicle it will be handled as a criminal offense on an offense report and not a Traffic Crash Report. d. In the case of a crash involving an unoccupied police vehicle, the Department Member to whom the vehicle is assigned will not be listed as "driver." The Department Member will be listed in the crash report as a witness only. If it is determined that the Department Member's actions contributed to, or caused the crash, those findings will be included in the on-scene supervisor's written report (memorandum format) and forwarded to the Chief of Police or his/her designee. e. Village vehicle crashes occurring outside the Village Limits of Village of El Portal will be reported to and investigated by the appropriate jurisdiction. A supervisor will respond to the crash scene to determine the severity of the incident and the necessary support elements required. The on-scene supervisor's report is required, and a copy of the investigating jurisdiction's crash report, if available, or the report number, must be included. 4. Vehicle Damage Reporting a. Every Department vehicle involved in a crash will be driven or towed to the EL Portal Police Department, or Midtown Towing, or designated body shop for evaluation of damages. b. If, due to injury or for other reasons, the operator is unable to make this report, it will be the responsibility for the on-scene supervisor to insure that the damage is properly reported.

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