PREDICATE QUESTIONS



PREDICATE QUESTIONS

CRASH RECONSTRUCTIONIST

Name

Occupation/How long

Duties

Elicit information about specialized duties pertaining to crash reconstruction.

In those jurisdictions where you can elicit an opinion or conclusion from an investigator as to the cause of the crash, you also want to lay a foundation that will allow him/her to state that alcohol and/or drug impairment was a/the cause of the crash.

Do you have any training in the detection and investigation of alcohol (drug) impaired drivers?

Elicit details of training, including SFSTs.

Do you have experience in investigating alcohol (drug) impaired driver?

Elicit experience: # of investigations in career or per year

What signs do you look for to determine whether a person in under the influence of alcohol/drugs?

Elicit signs and symptoms, particularly those involved in current case.

Do you also have specialized training in the area of crash reconstruction?

Describe Training

Did you successfully complete all these courses?

In some states, crash reconstructionists are certified by the state. They must pass a written exam to do so. There are also organizations, such as ACTAR, that certify crash reconstructionists. If your witness is certified, be sure to bring this out for added credibility.

Are you certified in crash reconstruction?

By whom?

How do you become certified?

When were you certified?

Do you belong to any associations related to the field of crash reconstruction?

Which ones?

Do you keep current on the latest developments in the field of crash reconstruction?

How?

Have you taught others in this area? For how long?

Publications, if any.

There are several different methods, computerized and manual, for documenting a crash scene. Know which one your witness used and elicit testimony on his/her familiarity with the system involved. The software used to create diagram may have to be dealt with separately.

What is [system used]?

Are you proficient in this system?

Elicit testimony on how he/she developed this proficiency.

What experience have you had as a crash reconstructionist since completing your training?

Elicit details of how long he/she has done this or how many investigations he/she has completed.

How many of these have been for fatal crashes?

Have you previously testified in court regarding crash reconstruction? Qualified as expert?

How many times?

Turning your attention to [date in question], were you employed as [title and organization] and on duty at that time?

Your reconstructionist may or may not have been on duty – they may have been called in specifically to deal with this case. Ask the appropriate question.

On that date and time, were you called to the scene of a crash at [location]?

When you arrived, what did you observe?

Get a general overview of the scene.

Were any other emergency personnel present?

Both law enforcement and rescue. Set up for possible defense arguments on destruction of evidence (was victim cut out of car, etc.)

What did you do?

This initial question should include information about getting briefed by other officers/emergency personnel. The fact that he/she was briefed is not hearsay. You are not eliciting what was said (yet). Also ask about what he was told and by whom. This is not hearsay. It is foundational as to what he/she did and how the investigation was conducted.

You will next want to elicit testimony about the witness’ on-scene investigation. These questions will be fact specific; however, some of the following information is nearly universal.

Describe the road/intersection/location. Include physical features, any traffic control devices, lighting and visibility at time of crash.

If the approach to the area of the crash is important, get this information as well. Sight lines and distances are a common issue.

If any of these features has changed between the crash and trial, make sure to elicit this testimony.

What is the speed limit?

Describe with specificity the position of the vehicle involved in the crash.

Location in road, direction pointing, location in relationship to one another.

What types of vehicles were they?

Describe the damage to the vehicles.

Did you make any observations on the roadway that you relied upon in your investigation?

Tire marks, scuff marks, gouge marks, pieces of the car, location of bodies, etc.

Once you made all these initial observations, what did you do?

This should be the point at which the witness began documenting evidence and measuring the scene

Each reconstructionist may have his/her own method for documenting relevant evidence and then recording measurements. You will have to work with your reconstructionist to determine how to most effectively present this evidence. Topics you will need to cover include:

How the scene is marked (paint to highlight relevant evidence, etc)

How he/she goes about taking measurements.

How the particular system (i.e. AIMS) works.

Is this a fair and accurate method of measuring distance?

Calibration of equipment (even an old fashioned tape measure or roll-o-tape ought to be calibrated against another measuring tape from time to time).

Use of equipment such as the drag sled; what it is, how it works, proper use. It too should be calibrated from time to time.

Based on the evidence you observed, documented and gathered, were you able to determine how the collision occurred and what happened to the vehicles during the course of the collision?

NOTE: You are not asking for an opinion as to what caused the crash or what speeds were (speed, alcohol, etc); just what physically happened). This can be determined from the initial investigation.

You may want to use photographs now to reinforce the observation of the witness and to corroborate and clarify the above testimony. How and when you do this is up to individual strategy choices.

You will next want to go in to any follow-up investigation that occurred in the following days. Again, this is fact specific, but may include the following topics:

Observation of autopsy and injuries to victim

Discussion with pathologist regarding injuries to victim

Determination of injuries of surviving victims

Inspection of crash scene in daylight hours

Inspection of cars in controlled surroundings (measurements taken, inspections for defects)

Inspection of vehicle parts by reconstructionist or other forensic personnel (head lights for hot-shock, tool-mark analysis on brake or accelerator, airbag, etc)

Collection of evidence and inspection of other evidence from in and around car (hair, blood, skin, personal effects, etc.)

The next series of questions deals with the creation of any scene diagram.

Did you complete a diagram that details the evidence you observed and documented?

Would this diagram assist the jury in understanding your testimony?

I am showing you what has been marked as People’s Exhibit ##, do you recognize it?

What is it?

How did you compose this diagram? Is it based on the observations you made and the measurements you took?

Is it to scale?

Does it fairly and accurately depict the scene of the crash as you observed it?

Have your witness explain any abbreviations or terms of art that appear on the diagram.

If the diagram shows an “area of impact,” have your witness explain how that can be determined and what it means.

Have your witness point out tire marks and other marks he/she observed and documented. Further reinforce with photos, if possible.

Have your witness mark the diagram in color to represent the vehicles involved (i.e., trace the tire marks from the defendant’s car in red marker and the victim’s car in green marker).

Now you should have the evidence you need to have the witness state his final opinions. You may have to elicit testimony from the witness about what he learned of the investigation into the defendant’s impairment (test results, SFSTs, admissions, etc) if the reconstructionist and DUI investigator are not the same.

Opinions may include:

The fact that the defendant was driving one of the vehicles or the vehicle involved

The minimum speed of the vehicle(s)

Whether the defendant was impaired at the time he/she was driving and involved in the crash.

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