FINAL:

Traffic Violation under R.A. 4136,

other Related Laws and Things to
considers in Traffic Accident
Investigation and Applicable Legal
Principles/laws.

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2
Fundamentals of Traffic Control,
Important Provisions of R.A. 4136

OUTCOMES

LO3 – Evaluate the principles, relevant laws, and procedures in relation to traffic
rules and regulation, and recognize the professional conduct, social and ethical
standards in relation to traffic management and accident investigation with
driving.

OBJECTIVES

1. Appraise and identify the different traffic violations under Republic Act 4136
and other related laws;
2. Understand and explain the things to consider in Traffic Investigation via
knowledge exercise; and
3. Discuss and explain some legal provision in Traffic Accident Investigation.

Traffic Violation Under R.A. 4136 and other Related Laws

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 Violations in traffic laws are very common in highly populated country like
Philippines. The conditions are even worse in cities like Quezon City. The accidents
associated with these violations cause a huge loss to life and property. In the
Philippines, traffic laws can sometimes be more troublesome than helpful. Though
meant to solve traffic issues and improve road safety, some can be confusing when
they vary across the city.

Rule on Over-taking

Section 39. Over Taking a Vehicle - The driver of any motor vehicle overtaking
another vehicle proceeding in the same direction shall pass at a safe distance to
the left thereof and shall not again drive to the right side of the highway until
safely clear of such overtaken vehicle except that on a highway, within a
business or residential district, having two or more lanes for the movement of
traffic in one direction, the driver of a vehicle may overtake and pass another
vehicle on the right. Nothing in this section shall be construed to prohibit a
driver overtaking and passing, upon the right, another vehicle which is making
or about to make a left turn.

As we all know, overtaking is always done on the left side. Overtaking is

permitted if the road is clear but overtaking to the right is also permitted if the
moving vehicle is on two or more additional lanes, such as on a four-lane highway.

Section 40. Driver to Give Way to Overtaking Vehicle. – The driver of a vehicle
about to be overtaken and passed by another vehicle approaching from the rear
shall give way to the overtaking vehicle on suitable and audible signal being
given by the driver of the overtaking vehicle and shall not increase the speed of
his vehicle until completely passed by the overtaking vehicle.

Section 41. Restrictions on Overtaking and Passing-

a. The driver of a vehicle shall not drive to the left side of the center line of
a highway in overtaking or passing another vehicle proceeding in the
same direction, unless such left side is clearly visible, and is free of
oncoming traffic for a sufficient distance ahead to permit such overtaking
or passing to be made in safety.
b. The driver of a vehicle shall not overtake or pass another vehicle
proceeding in the same direction, when approaching the crest of a grade,
not upon a curve in the highway, where the driver’s view along the
highway is obstructed within a distance of five hundred feet ahead,
except on a highway having two or more lanes for movement of traffic in
one direction where the driver of a vehicle may overtake or pass another
vehicle: Provided, That on a highway within a business or residential
district, having two or more lanes for movement of traffic in one
direction, the driver of a vehicle may overtake or pass another vehicle on
the right.

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 c. The driver of a vehicle shall not overtake or pass any other vehicle
proceeding in the same direction, at any railway grade crossing, nor at any
intersection of highways unless such intersection or crossing is controlled by
traffic signal, or unless permitted to do so by a watchman or a peace officer,
except on a highway having two or more lanes for movement of traffic in
one direction where the driver of a vehicle may overtake or pass another
vehicle on the right. Nothing in this section shall be construed to prohibit a
driver overtaking or passing upon the right another vehicle which is making
or about to make a left turn.
d. The driver of a vehicle shall not overtake or pass, or attempt to pass, any
other vehicle, proceeding in the same direction, between any points
indicated by the placing of official temporary warning or caution signs
indicating that men are working on the highway.
e. The driver of a vehicle shall not overtake or pass, or attempt to overtake or
pass, any other vehicle proceeding in the same direction in any “no-
passing or overtaking zone.”

Right of Way Rule

Section 42. Right of Way – basically, the right of way pertains to the road users
who have the right to go first in a particular situation or place. This is applicable
to intersections, roundabouts, railway junctions, pedestrian lanes, and many other
road features where cars can enter them at the same instance.

a. In case of two vehicles approaching or entering an intersection at the

same time, the driver of the vehicle on the left shall yield the right of
way; however, the drive of any vehicle traveling at an unlawful speed
forfeit this right.
b. In the case of vehicle approaching but has not yet entered the intersection,
its driver shall yield the right of way to vehicles already within such
intersection or turning therein to the left across the line of travel of the first
mentioned vehicle.
c. In case of a vehicle on a highway within a business or residential district,
its driver shall yield the right of way to pedestrian crossing the highway
within a crosswalk, except at intersection where traffic is regulated by a
peace officer or a traffic signal. If there is no crosswalk, pedestrian shall
yield the right of way to vehicles on the highways.
d. The driver of a vehicle upon a highway shall bring to a full stop such
vehicle before traversing any “through highway” or railroad crossing:
provided, that when it is apparent that no hazard exists, the vehicle may
be slowed down to five miles per hour instead of bringing it to a full stop.

Section 43. Exception to the Right of Way Rule. – right of way rules do not
apply in the following situation:

a. The driver of a vehicle entering a highway from a private road or drive

shall yield the right of way to all vehicles approaching on such highway.

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 b. The driver of a vehicle upon a highway shall yield the right of way to
police or fire department vehicles and ambulances when such vehicles are
operated on official business and the drivers thereof sound audible signal
of their approach.
c. The driver of a vehicle entering a “through highway” or a “stop
intersection” shall yield the right of way to all vehicles approaching in
either direction on such “through highway”.

Section 46. Parking Prohibited in Specified Places. – No driver shall park a

vehicle, or permit it to stand, whether attended or unattended, upon a highway
in any of the following places:

a. Within an intersection.
b. On a crosswalk.
c. Within six meters of the intersection of curb lines.
d. Within four meters of the driveway entrance to and fire station.
e. Within four meters of a fire hydrant.
f. In front of a private driveway.
g. On the roadway side of any vehicle stopped or parked at the curb or edge
of the highway.
h. At any place where official signs have been erected prohibiting parking.

Question: Sir, when can a motor vehicle be considered illegally parked? It is

considered illegally parked when it is left unattended for an appreciable period.
meaning there is no driver inside the car and the engine is off. Another, a motor
vehicle that properly stops merely to discharge a passenger or to take in a waiting
passenger or to load or unload a small quantity of freight with reasonable dispatch
shall not be considered "parked" if the motor vehicle again moves away without
delay.

Disregarding Traffic Signs (DTS) - A DTS violation, also known as a disregarding

traffic signs violation, refers to all actions taken by drivers who violate road signs
while driving. Example: You are driving in one-way traffic in which U-turns are
prohibited, but you disregard the traffic sign and proceed to U-turn.

Speed Limit and other Rules on Speed – any person driving a motor vehicle
on a highway shall drive the same at a careful and prudent speed, not greater
than nor less than is a reasonable and proper, having due regard for the traffic,
the width of the highway, and of any condition then and there existing; and no
person shall drive any motor vehicle upon a highway at such speed as to
endanger the life, limb and property of any person, nor at a speed greater than
will permit him to bring the vehicle to a stop within the assured clear distance.

Exception to the Speed – the prescribed limit shall not be applied to the following:

a. A physician or his driver when the former responds to emergency calls;

b. The driver of a hospital ambulance on the way to and from the place of
accident or other emergency;

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 c. Any driver bringing a wounded or sick person for emergency treatment to a
hospital, clinic, or any other similar place;
d. The driver of a motor vehicle belonging to the Armed Forces while in use
for official purposes in times of riot, insurrection or invasion;
e. The driver of a vehicle when he or his passengers are in pursuit of a
criminal;
f. A law-enforcement officer who is trying to overtake a violator of traffic
laws; and
g. The driver officially operating a motor vehicle of any fire department,
provided that exemption shall not be construed to allow unless or
unnecessary fast driving of drivers afore mentioned.

Driving without License – most common violation that the Law enforcement
encounter or (LTO). The fine of driving without license may cost up to Php
3,000.00, this fine is applicable also for an expired, suspended or revoked driver’s
license.

Section 48. Reckless Driving – as defined by the law, a driver is considered reckless
when he/she drives a motor vehicle without any reasonable caution. In other
words, reckless driving is when you endanger the safety of others or the stability of
your property due to a lack of driving ability or attention on the road.

Other Related Laws

Republic Act No. 10586 – this law was signed by late President Benigno Aquino
III on 27th May in 2013. This law is also known as an “Act Penalizing Persons
Driving Under the Influence of Alcohol, Dangerous Drugs, and Other Similar
Substances”. This law may condemn drunk drivers and gives the law enforcers
the power to fine and imprison drugged and/or drunk drivers.

The said law also enables law enforcement to use a device called breath
analyzers and to conduct sobriety test on drivers who they believe is under alcohol
intoxication or dangerous drugs.

Sobriety Test is a series of three tests that will determine if the driver is
driving under the influence of alcohol. First step is by Eye Test – in this test
the apprehending officer will stand about 1 foot away from the suspected driver
and checks if shows involuntary eye jerking while they are looking towards the
moving object from side to side. The second step is by Walk-and-Turn Test –
the suspected driver needs to walk heel-to-toe in straight line for 8-9 steps and
turn at the end to go back his/her starting point. This test is done to check the
ability of the driver in maintaining balance and following directions. The last step is
One-Leg Stand Test – the driver will stand with one leg 6 inches from the ground
for 30 seconds. This test is also done check the ability of the driver in
maintaining balance and following directions.

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 Additionally, section 7 of the said law mandates all drivers involved in
vehicular accidents shall undergo chemical and alcohol testing even if he or she
appears to be completely sober.

Republic Act No. 10913 or the Anti-Distracted Driving Act (ADDA) – this law
prohibits a person who is driving a motor vehicle from holding and using mobile
communication devices and electronic entertaining gadgets. The Prohibition
applies while the motor vehicle is in motion or temporarily stopped on a traffic light
or an intersection. This law does NOT cover other accessories which may be found
on the dashboard such as rosaries, toys, and etc.

What does the law prohibit? Prohibited acts made while driving included but
not limited to: making or receiving calls; writing, sending or reading text based
communications; playing games; watching movies; performing calculations; surfing or
browsing the internet.

What are the actions exempted from this law? Motorist are allowed to make
or take emergency calls to authorities in case of a crime, accidents, bomb or
terrorist threat, fire or explosion, instances needing immediate medical attention, or
when personal safety and security is compromised.

Where can we mount our cellphone or GPS device? GPS or cellphones

may be place in the dashboard below, at the same level, or top of the
dashboard, or even in the windshield, provided that the device is not higher the
4 inches from the dashboard.

Republic Act No. 10054 or also known as “Motorcycle Helmet Act of 2009 –
this act mandates all motorcycles riders, including drivers and back riders, shall at
all-time wear standard protective helmets while driving or riding, whether long or
short drives, in any type of road and highway.

Sir, how would I know the standard motorcycle helmet? The standard
helmets bear a mark of Philippine Standard (PS) or Import Commodity Clearance
(ICC) that the Department of Trade and Industry (DTI) requires the importer and
manufacturer to get that license prior to the sale and distribution of their products.

Republic Act No. 8570 or also known as “Seat Belt Acts of 1999” – this law
states that the driver and passenger (both rear and font passengers) of private and
public vehicles are required to use and wear their seat belts every time they’re
inside the car with the running engine on any street, road, and highway.

For private vehicle, all passengers, including both front and rear-seat
passengers, are required to wear their respective seat belts all the time.

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 For Public Vehicle, the driver is required to inform his front seat passengers
to wear his or her seatbelts upon boarding the vehicle. For passengers who will
refuse to use seat belt devices, will not be allowed to board the vehicle and
continue his/her trip.

This act also, prohibited to sit in front seat of the vehicle to infants and/or
children with the ages six (6) years and below in any running motor vehicle.

This act further requires car manufacturers, assemblers and distributors to

ensure that the seat belt devices are properly installed before the distribution and
sale of the said vehicles.

Republic Act No. 8749 or also known as “Philippine Clean Air Act of 1999”
– this is a comprehensive air quality management policy and program which aims
to achieve and maintain healthy air for all Filipinos. This act also provides for the
creation of a national program of air pollution management focusing primarily on-
air pollution prevention.

Question: Sir, why is this Republic Act included in this subject? Because, as
we all know, motor vehicles have a significant environmental impact, particularly in
terms of air pollution. So, that's why this law prohibits polluted motor vehicles from
operating. Also, upon the renewal of motor vehicle registration, one of the
requirements is a "smoke test result" to ensure that the said motor vehicle is
complying with this Act (Delizo, 2014).

Things to Consider in Traffic Accident Investigation/Collision

Investigation and Applicable Legal Principles/Laws.

Generally, to know what question to ask and what to look for, you must
have some fundamental bearing on accidents and their causes. When you
speak of traffic accident, everybody knows what you mean – something went
WRONG on the highway, either a car wrecked, somebody injured or possibly
killed. In this relation, as a future law enforcer you should have knowledge on
traffic accidents and their investigation.

What is Traffic Accident?

A traffic accident is defined as a collision involving one or more vehicles. It

can also involve other “moving objects,” such as a pedestrian or cyclist. Traffic
accidents also frequently involve fixed objects, such as trees, walls, or parked
vehicles.

Basically, it is the occurrence in a sequence of events in the roadway,

which usually produce unintended injury, death, or property damage. Collision, on
the other hand, which is sometimes called motor vehicle collision, car accidents or
car crash occurs when one or more motor vehicles collides each other or with
another vehicle, and it is not only limited with both motor vehicle, but it also

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includes pedestrians, animals, road debris, or other stationary obstruction, such as
tree, pole, or a building.

Two kinds of Traffic Accidents

1. Error of Commission – it is that were a person does thing that he/she

should not have done or not do. Meaning to say, these are accident that
are happening because the person did something in the roadway that
he/she is not allowed to do so. Like for instance, if the driver drifts
while on the roadway and he/she did not see that there is a car behind
or coming on the roadway and, in turn, caused an accident.
2. Error of Omission – these are accidents that happening because the
driver did not do something that he/she have done. For example, we have
the rules and regulations, if you’re to turn right you should put your
signal to the right or during the evening, if you’re driving, you should
turn on your headlights and if you omit to do so and then it causes
accident that is what we called the error of omission because, you did not
do something that you should do.

Cause of Traffic Accidents

1. Direct Causes – these are causes that relates to the action of the human
part of the traffic unit concerned to behavioral factor of a person

a. Initial behavior – this pertains to the attitude of a person while on the

road. Like for instance, if the driver disregards the traffic rules, which
commonly result to accidents.
b. Speed – too fast for conditions is the direct cause of many accidents.
c. Delayed perception – it is the inattention to the major task of operating
a motor vehicle, and occurs when the driver is distracted. Like for
instance, this too common to the boys that when they are driving and
then they saw a beautiful girl on the sidewalk, and you did not notice that
the motor vehicle in front of you has stopped, and when you saw, it is
already late to maneuvers and that cause to traffic accident.
d. Faulty evasive action – this is on the perception or during the perception of
an accidents. Like for instance, you did not do any action to listen the
damage or when a driver takes no evasive action at all when he/she
should do.

2. Mediate cause – the irregular or unusual condition of the road, vehicle,

whether, driver, pedestrians (Condition) or other traffic units.

a. Vehicle – meaning, the reasons why some motorists got in to accidents

because, they did not check their vehicle, like for instance, the wheel,
brake, oil and other important parts of the motor vehicle.
b. Road and whether condition – there are also cases of traffic accidents cause
by the condition of the road, like for instance, If the road is slippery or zero
visibility of the road due to heavy rains.

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 c. Physical and mental condition of drivers

3. Early cause – an early cause of an accident results from the act of any
individual, or failure to act by any person, which creates conditions leading to
the chain of events making up of an accident, or this are the things that the
driver should do. Like for instance, there is a motor vehicle that wants to
overtake, but the other driver failed to give way and that’s the reason that he
did not perceive to overtake and might be an early cause of an accident. So,
again early cause is the act of an individual or the way how are going to behave
or judge while he/she is on the roadway.

What is Traffic Accident Investigation?

It is a systematic collection and analysis of information relating to traffic

accident which cause the loss of property and life, or it is the scientific and
academic analysist of the facts that occurred during the traffic accident. So, it is
needed to have an investigation in order to determine who will be the victim or the
cause of the accident, and for legal purposes also, to know who will be liable for the
damage of that specific traffic accident.

Six Cardinal Rules in Traffic Accident Investigation - It aims to know the five
(5) “Ws” and one (1) “H” of the incident:

1. WHAT happened?
2. WHO and WHAT was involved?
3. WHERE did it happen?
4. WHY did it happen?
5. WHEN did the accident happen?
6. HOW did the accident happen?

Purpose of Traffic Accident Investigation – there are four (4) main reasons,
depending on who does the investigation:

1. Everyone involved is curious about the causes and circumstances of the

accident. The purpose of this is to give everyone information on how and why
the accident happened through the proper authorities. That’s why if there is
an accident, the police officers (first responders) interview the victims and
some other witnesses to gather information.
2. For the Police – to find out whether there is enough evidence of law
violation in the accident. On the part of the police, they must know if there
is a law that was violated in the incident, because if there is no law that was
violated in that incident, an investigation is not needed. For instance, if
reckless imprudence results in physical injury and damage to property, a
police investigator must go on an investigation because a law was violated in
those particular accidents.
3. Insurance Agencies and adjuster want to determine negligence on the part
of the drivers involved in the accidents so that damage claims can be
property adjusted. As we all know, when we buy a new motor vehicle, it is

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 automatically insured with the insurance company, and when we renew our
motor vehicle, one of the requirements is that your motor vehicle be insured
so that if or when an accident occurs, the insurance company will cover the
cost of the damage to your motor vehicle. But, on the part of the insurance
company, they will pay you for that accident if it is a "pure" accident; if it is
not a pure accident, the insurance company will not shoulder the damage to
your motor vehicle, like, for instance, if you drove while you were under the
influence of alcohol and it caused you an accident. The insurance company
will determine if that accident is purely an accident; one of their bases is the
spot report from the PNP. If it is proven that you were driving under the
influence of alcohol, which is illegal under R.A. 4136, the insurance company
will not pay your claim.
4. Officials and others want specific information about accidents to know
how to prevent. So, when we say for the officials is like for instance, if
that particular area is prone on accidents, the officials from that
barangay, municipality or city will have their basis to make/formulate a
policy for the prevention of future accidents, like for instance, if that
particular area is prone of accidents, the official will put a traffic
warning signs in order to prevent an accident.

Definition of Term used in Traffic Accidents Investigation

1. Key Event – an event on the road which characterizes the manner of

occurrence of a motor vehicle traffic accident.
2. Point of Perception – time and place which drivers actually perceive
(seeing, hearing, feeling, smelling) the hazard.
3. Maximum engagement – always come after the key event. It is the time
and position on which vehicles, pedestrians or other object is a collision are
pushed together as far as they will be.
4. Final rest – time and place where vehicles involved in accident come to
rest without any use of power.
5. Point of no Escape – time and place where the driver could not avoid the
accident.
6. Debris – the scattered broken parts of vehicles, rubbish, dust and other
materials left at the scene of the accident cause by a collision.
7. Skid marks – these are marks left on the roadway by tires which are not
free to rotate, usually because brakes are applied strong and the wheels
locked.
8. Tire print – marks left behind by tire, while it is still rotating.
9. Scuff mark – mark left behind by tire, while it stops rotating, and the
vehicle still move sidewise.
10. Accident – it is that occurrence in a sequence of events which usually
produces unintended injury, death, or property damage.
11. Motor vehicle accident – an accident involving in unintended injury or
property damage attributable directly or indirectly to the action of a motor
vehicle or its loads. Included are the following:
a. Accident injury from inhalation of exhaust gas;
b. Fires;
c. Explosion;

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 d. Discharge of firearm within the motor vehicle while in motion;
e. Collision between a motor vehicle and railroad train or street car on
stationary rails or tracks;
f. Failure of any part of the motor vehicle while the vehicle is in
motion.

Excluded are the following

a. Collision of a motor vehicle with an aircraft or watercraft in motion;
b. Injury or damage due to cataclysms (flood or sudden physical
change of the earth surface); and
c. Injury or damage while the motor vehicle is not under its power is
being loaded on or unloaded from another conveyance.
12. Traffic unit – any person using traffic way for travel, parking or other
purposes as a pedestrian or driver, including any vehicle, or animal which
he is using. Its applies not only to motor vehicles but also to:
a. Pedestrians;
b. Cyclist;
c. Street cars;
d. Horse-drawn (animal-drawn) vehicles;
e. Farm tractors; and
f. Other users in almost any combination. Examples: a traffic
accident could involve a cyclist and pedestrian.
13. Hazards – a hazard is generated when acritical space-motion
relationships between traffic unit and another object develops due to the
movement of either or both. Example: a curve in the path is a hazard,
another traffic unit in the path is also a hazard.
14. Impact – the striking of one body against another or a collision of a
motor vehicle with another motor vehicle.
15. Contact damage – damage to a vehicle resulting from direct pressure of
some foreign object in a collision or roll over. It is usually indicated by
striations, rub-off of material or puncture.

Kinds of Traffic Accidents

In the investigation of traffic accidents, it is imperative for the traffic

investigator to know the kinds on accident occurred in order to map out the
necessary activities to be done when responding and investigating.
1. Motor Vehicle Traffic Accident – any motor vehicle accident occurring
on a traffic way. Example: collision between automobiles on a highway.
2. Non-Motor Vehicle Traffic Accident – it refers to any accident occurring
on a traffic way involving persons using the traffic way or travel or
transportation, but not involving a motor vehicle in motion. Example: a
pedestrian and cyclist in a traffic way.
3. Motor Vehicle Non-Traffic Accident – any motor vehicle accident which
occurs entirely in any place other than a traffic way. Example: accident on a
private driveway.

Classification of Accidents according to Severity

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 1. Property Damage Accidents – there is no fatal or injury to any person
but only damage to the motor vehicle or to other property including injury
to animals. Meaning, the accident that was happened does not involved to
any injury to any person but rather, it involved only to property damage. Like
for example, a car crash to a building/house, or business establishment. So,
the accidents only involved to property damage. that’s why if a driver crash
in to a building/house, or business establishment, it is called reckless
imprudence resulting to damage to property. In some cases, like this, both
driver and owner of the property comes to an agreement to settle, and that
is what we called the amicable settlement were in the driver will pay the
expenses of the damage property.
2. Slight Fatal Injury Accidents – these are accidents that cause slight
damage to properties. Like for instance, on part of the motor vehicle (gas-
gas) only.
3. Non-Fatal Injury Accidents – this results in injuries other than fatal to
one or more persons. It’s included the following:
a. Less serious – only less serious injuries to a persons involved in the
traffic accidents. For instance, a minor injury (galos).
b. Serious – causing serious injuries or that can endanger to a person.
For instance, broken bones, dislocated bones.
4. Fatal – this results in death to one or more persons.

Chain of Events in a Vehicular Accidents

Usually, for the purpose of reporting, traffic accident may usually be
described well enough as a single occurrence but when accident is investigated,
attention is directed to particular stages of the occurrence. In fact, an accident
may be usually defined as a series of an expected events leading to damage or
injury. One event usually leads to another so that the series can be spoken of
as a “chain of events”. These events are describing and illustrated below:
1. Perception of Hazard – it is seeing, feeling, or hearing and understanding
the usual or unexpected movement or condition that could be taken as
sign of accident about to happen. For example, while driving in an opposite
direction traffic lane, you noticed the opposite vehicle driving dangerously.
So now you are sensing, seeing, and hearing a hazard that an accident is
about to occur.
2. Start of Evasive Action – it is the first action taken by a traffic unit escape
from a collision course or otherwise avoid a hazard. For instance, in
connection to my example situation on the perception of hazards, So, the
first action is taken by the driver who perceives the hazard. To avoid colliding
with the other, I moved slightly to the right and slowed down. So, the action
that he took is what we call the start of evasive action.
3. Initial Contact – the first accidental touching of an object collision course
or otherwise avoids the hazard.
4. Maximum Engagement – it is the greatest collapse or overlap in a collision.
The force between the traffic unit and the object collided with are greatest at
maximum engagement.
5. Disengagement – it is the separation of traffic unit in motion from an object
with which it has collided. Meaning, after the maximum engagement,
because of the speed/force of the motor vehicle it separated.
6. Stopping/Final rest– this is when traffic unit/s involved come in to rest. It

13 Solayao, ‖ Traffic Management and Accident Investigation with Driving

 usually stabilizes the accident situation.
7. Injury – it is receiving bodily harm. This event does not necessary occur
after the accident but within any of the chain of events. It may also happen
right after the evasive action taken by the drivers involved or during the
initial.

Who conducts the traffic accidents investigation?

In some cases, the police traffic officers assigned in the field or

highways upon learning of an accident usually responds and conduct initial
inquiries. However, police stations have designated traffic accident
investigation.
In case of Major Traffic Accidents such as those that attract national
media attention or those that involve numerous victims, the local traffic
investigator shall immediately inform the nearest PNP Highway Patrol Group
Office which shall then take the lead in the investigation under Special
Investigation Task Group (SITG) which shall be activated to the manage the
case. (PNP Field Manual on Investigation of Crimes of Violence and Other
Crimes, 2011)
When the proper crime scene processing is necessary, the traffic
investigator may also ask the assistance of the Scene of the Crime Operation Team
(SOCO Team) but, it was renamed now as Forensic Unit.

Duty of the Police Officer in time of Traffic Accident

1. Protect life and property

2. Protect the accident scene
3. Protect other properties
4. Determine the cause of the accident
5. Locate drivers and witnesses
6. Take measurement and diagrams and sketches of the accident
7. Identify the precise location where the accident occurred
8. Obtain equipment to remove damaged vehicle
9. Evaluate physical evidence
10. Check the road and vehicle condition
11. Make conclusion on the validity of statements

Five (5) Level of Activity in Accident Investigation – in the investigation of

traffic accidents, the police are guided by the following stages or levels of
investigation:

1. Reporting – this stage involves basic data collection to identify and classify
a motor vehicle, traffic and person, property and planned movements. So,
in data collection, you will now apply the six cardinal rules of traffic
accidents. Like for instance, what is type, made of motor vehicle, who is
the person involved in the accidents or victim/s and witnesses and how it
happened, and your report must be in writing in order to read by others
or for reference of other concerned.
2. At-Scene Investigation – this level involves all action taken by the
investigator at the Scene of the crime or accident. So, basically, in

14 Solayao, ‖ Traffic Management and Accident Investigation with Driving

 investigating traffic accidents it is performed by the traffic investigator.
This pertains to the collection, marking, photographing of the evidence
and sketching of the scene of accidents.
3. Technical Preparation – this involves delayed traffic accidents data
collection and organization for study and interpretation. So, in technical
preparation it is the study of the causes of accidents, like for instance, on
part of the driver, on the road. So, this study will be the basis to address
the prevention of traffic accident.
4. Professional Reconstruction – this involves efforts to determine from
whatever information is available, how the accident happened. So, in this
level of investigation the investigator must answer the question “HOW” did
it happened. It might be, the car is too pass, or because of the road
condition, or a shooting incident while the car is in motion. Another, in
reconstructing of traffic accidents it will base on the chain of event of traffic
accident.
5. Cause Analysis – this last level usually involves final analysis on the
causes of accident which are bases for the prevention of similar accident.

Hit and Run Investigation – the objective of the investigation of motor vehicle
accident involving the flight of one of the participants is twofold: First,
responsibility for the collision must be determined; and second, the identification
of the driver of the motor vehicle who fled the scene must be stablish.

It is involving a driver who does not stop after causing an accident.

Involving quick action by someone who the leave or runs away quickly after the
accidents. Supposedly, the duty of the driver after an accident happened
involving persons is to help the victims if he/she can do it, but in hit and run
investigation the fled quickly to avoid the consequence of what he does.
Another meaning, in Sec. 55 of R.A. 4136. Further, it states that no
driver of a motor vehicle concerned in a vehicle accident shall leave the scene
of the accident of the accident without aiding the victim. But there is an
exception to the rule, that you can leave the victim of hit and run accidents.
Provided, that if the driver is imminent danger of being seriously harmed by
any person or persons by reason of the accident; if the driver reports the
accident to the nearest Officers/Stations of the law; or if the driver has to
summon a physician or nurse to aid the victim.
In investigating Hit and Run Accidents, the investigator should collect all
materials found at the scene of the crime. Like for instance, a broken glass, a
debris of a motor vehicle left in the scene, because debris are the most
important physical evidence in a hit and run accidents, why sir? Because that
evidence could link to the motor vehicle that causes you an accident. Another,
the investigator also should look for a witness in order to get some information
and try also to look a CCTV footage in that scene.

Elements of Hit and Run – to attain the objective of identifying and apprehending
the hit and run driver, as the investigator:

1. You were involved in an accident while driving a motor vehicle.

2. The accident caused damage to another person’s property.
3. Suspect failed to stop, give aid or information as to his identity to other
15 Solayao, ‖ Traffic Management and Accident Investigation with Driving
 person’s involved, to police or anyone at the accident scene; or failed to
take reasonable steps to notify the owner of damaged property other
than a vehicle.
4. You knew you were involved in an accident-causing damage of knew
from the nature of the accident it was probable that the property was
damage.

Skid marks as a tool in Traffic Accident Investigation

Skid Mark Defined – a sudden application of brakes which locked the wheel’s
condition places great pressure between the brake shoe and the brake drum at the
frictional force at this point becomes greater than the frictional force between the
tire and the road surface.
Implication of skid marks – the measurement of the skid marks gives
idea on how fast the car which left these marks was going before the accident
happen. Like for instance, if the car traveled to pass and suddenly apply brake
so, the skid marks were longer. And this implication is a great help in
investigating a traffic accident, because even though if there is no witness on
the accident, the police can still determine who is liable on that particular event
Sir, what if there is no skid mark found on the crime scene? Basically, if
there are no skid marks that can be found/seen. Most probably, the accident is
intentional. Why sir? Because we as a human being, it is normal that during the
time of accidents, we can feel nervous, basically as a response to the nervous
we felt, you will forcedly apply the brake to avoid on that accidents.

Skid marks are useful in several ways:

1. Aid in determining the speed of the car prior to the accident or collision;
2. It will show if the vehicle was traveling in the wrong side of the road;
3. It will indicate if the driver failed to observe the right of way;
4. It will also show if the driver did not obey a traffic signal.

Other Tire Marks – the investigators’ first job is to find out if the mark on the
pavement is a skid mark or another type of tire mark. Thus, he must familiarize
himself with the following marks that may be left by a motor vehicle on a road
surface:
1. Centrifugal skid mark – a marking on a roadway left by a rotating tire and
wheel of a speeding vehicle is above the critical speed of the curve and the
centrifugal force entirely or partially overcomes the friction between the
mass of the vehicle and its tires and the surface of the roadway.
2. Impending skid marks – marks caused by the forward rotation of the
wheels being slower than the forward movement of the vehicle. The
shadowy beginning of a skid mark along the approach path of the vehicle
is the impending skid mark (a.k.a as tire shadow marks), while the
darker markings are the skid marks which begins in the impending skid
mark and ends at the point of collision or final rest.
3. Yawn mark – a scuffmark made while a vehicle is yawning the mark
made on the road by rotating tire which is slipping in direction parallel to
the axle of the wheel.

16 Solayao, ‖ Traffic Management and Accident Investigation with Driving

 4. Skip mark – a braking skid mark interrupted at frequent regular
intervals; the skid mark made by a bouncing wheel on which brakes keep
the wheel from turning. Compare with gap skid.
5. Side Skid Mark (scuff mark) – it is roadway marking left by the tire and
wheel of a vehicle sliding sideways as a result of force other than centrifugal
force.
6. Gap skid – a braking skid mark which is interrupted by release and
reapplication of brakes or which terminates by release of brakes before
collision.
Civil Liabilities of the Driver Involved in an Accidents.
Under Article 2176 of the New Civil Code of the Philippines, it is stated that
“Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done. Such fault or negligence, if
there is no pre-existing contractual relation between the parties, is called quasi-
delict and is governed by the provision of this chapter.

Last Clear Chance Doctrine

The Doctrine of Last Clear Chance provides that were both parties are
negligent but the negligent act of one is appreciably later in point of time than that
of the other, or where it is impossible to determine whose fault or negligence
brought about the occurrence of the incident, the one who has the last clear
opportunity to avoid the impending harm but failed to do so, is chargeable with
the consequences arising therefrom.
But “if there is an indication as to who is at fault, the doctrine will not
apply. In several cases, parties tried to invoke the doctrine to avoid liability, but
the Supreme Court decreed that the principle cannot be applied because it is
clear as to who is to blame”.

State of Necessity or Avoidance of Greater Evil or Injury

Under Article 11 (4) states that, any person who, in order to avoid an evil
or injury, does an act which causes damage to another, provided that the
following requisites are presents:
1. That the evil sought to exists
2. That the injury feared be greater than that done to avoid it
3. That there be no other practical harmful means of preventing it.

In this kind of circumstance, the purpose of the accused here is to avoid an

evil or injury, but it cannot be avoided that, in doing such an act, it causes damage
to another. Now, the question is, are you criminally liable for the injury or damage
caused to another by reason of avoiding a greater injury or evil? The answer is no,
because the defense of necessity may apply when an individual commits a criminal
act during an emergency situation in order to prevent greater harm from
happening. In such circumstances, our legal system typically excuses the
individual’s criminal act because it was justified or finds that no criminal act has
occurred.

Like, for instance, a person driving his car down a narrow cliff with due care
and diligence, and all of a sudden, there is a dump truck in front of his car and a

17 Solayao, ‖ Traffic Management and Accident Investigation with Driving

bystander to his left. Now he must decide how to avoid the injury, because if he
maneuvers to the right, he will definitely die because he will fall off the cliff, and if
he maneuvers to the left, he will definitely survive, but the life of the bystander will
be sacrificed. So, if I am the driver in that situation, I am going to maneuver to the
left and sacrifice the life of the bystander. Question: Am I criminally liable for the
death of the bystander? The answer NOT. because my act is considered justifiable.
Because, according to Article 11(4), my act is the avoidance of greater evil, injury,
or state of necessity.

Learning Activities

Activity 1: Knowledge level

Instruction: analyze carefully the given statement or question before answering
by choosing the best or nearest answer.

1. Any act or negligence on the part of a person or organization which permits

the existence of mediate cause
a. Traffic unit
b. Direct cause
c. Early cause
d. Act of negligence
2. Failure to see or perceive the hazard of dangerous situation
a. Initial contact
b. Delayed perception
c. Speed
d. Negligence
3. It is the place and time where objects involved finally come to rest without
application of brake
a. Maximum engagement
b. Point of no escape
c. Point of possible perception
d. Final rest
4. In our system of criminal procedure, it is required that a be conducted for
the purpose of determining whether or not an offense has, in fact, been
committed and the accused is probably guilty thereof.
a. Evidence presentation
b. Traffic unit
c. Complaint
d. Preliminary investigation
5. Which of the following best describes hit and run accidents?
a. A driver leaving the area of an accidents because he is imminent danger

18 Solayao, ‖ Traffic Management and Accident Investigation with Driving

 Driver fleeing the area of accident to evade responsibility
b.
After hitting someone on the highway, the driver leaves and reported to
c.
the police
d. After sideswiping a pedestrian, the driver fled to seek assistance of
physician
6. When a driver flees from the accident area, always, he is evading
responsibility. The statement is:
a. True
b. False
c. Vague
d. Doubtful
7. A marking on a roadway left by a rotating tire and wheel of a speeding
vehicle on a curve when the vehicle is above the critical speed of the curve
and the centrifugal force entirely or partially overcomes the friction between
the mass of the vehicle and its tire and the surface of the roadway is
known as .
a. Scuff marks
b. Circular marks
c. Revolving marks
d. Centrifugal skid marks
8. It is the occurrence in a sequence of events in the road way, which
usually produce unintended injury, death, or property damage.
a. Accident
b. Traffic accident
c. Traffic accident investigation
d. Any of the above
9. It refers to any accident occurring on a traffic way involving persons using the
traffic way or travel or transportation, but not involving a motor vehicle in
motion.
a. Traffic accident
b. Motor vehicle accident
c. Non-motor vehicle accident
d. All of the above
10. The following are the reasons why hit and run accidents should be
investigated, EXCEPT.
a. Ensuring harmonious and comfortable environment
b. Lessening injury or preventing death
c. Victims will be appropriately compensated
d. Deterrence to other drivers who are inclined to evade responsibility in case
they’re involved in an accident.

Activity 2: Interpretive

Instruction: In your own words and understanding, discuss the following:

1. Discuss the five (5) levels of traffic accident.

19 Solayao, ‖ Traffic Management and Accident Investigation with Driving

2. Briefly discuss the concept of State of Necessity.

20 Solayao, ‖ Traffic Management and Accident Investigation with Driving