The Role of Accident Investigation and Reconstruction in the Judicial System and Potential Impact on Road Safety Promotion – Insights Based on a Survey among Accident Investigation Experts and Lawyers

More information

Main author

-

Co-Authors

-

Type of media

-

Publication type

-

Publication year

-

Publisher

-

Citation

-

Road accidents investigation and reconstruction serves: (a) Helping the Judicial process expose accident circumstances scientifically. Hence, revealing accident causation and related traffic violations as major causes. (b) Learn about safety failures to promote safety countermeasures implementation. It seems, thou, that the first function,(finding responsible causes) overwhelm the second function (promotion of road safety countermeasures) due to, as it is evaluated, a possible bias of the judicial system emphasizing “human factors”, mainly traffic violations, as the major cause to the accident.

This paper summarizes views of 3 relevant group survey samples to broaden the scope of the Judicial trials relating to knowledge that can be extracted from the Expert’s Accident Investigation reports to promote road safety and prevent accidents. The samples: (a) EVU community road accident investigation experts (N=40), (b) Israeli accident investigation professionals (N=30), (c) Israeli Lawyers specializing in road accidents trials (N=20). The questions in the surveys related, among others, to the evaluations about: (1) the impact of Expert’s Reports on Trial outcomes, (2) Possible preferences or bias of the trial Judges, (3) The knowledge the Judges expose relating to the expert’s report comprehensively, (4) The variability of the Judges in setting the verdict and sanctions related to the accident trial, (5) The Media involvement and reporting accident trials to the public, (6) The additional need of the courts to collect also findings related to vehicle and infrastructure failures and transfer them to relevant agencies for their eliminations and/or improvements, (7) The need to recommend EVU to deal more with this important Judicial issue. The survey findings and conclusions show that much more can and must be done to increase Judges’ professional knowledge in accident trials and more to be done to extract and transfer findings about the failures which cause accidents, all for safety countermeasures implementation programs.