Autotechnical expertise in road accidents. Independent Automotive Expertise
Autotechnical expertise - research, withwhich uses special knowledge in the field of forensic auto and forensic tools to establish facts about accidents. Cognition concerns mechanics, mathematics, technical data, safety when driving motor vehicles and the like.
The study is conducted within the framework of a criminaloffice work in the investigation of crimes related to traffic safety, as well as civil cases for compensation of material damage due to an accident.
Objects of research
In this case, the role of the direct object belongs to the accident, the explanations of eyewitnesses and participants and other evidence. They are also obtained when inspecting the scene.
Autonomous technical expertise is carried outin non-governmental and state institutions. At the same time, it is necessary to study the inspection protocol, the scheme to it, other accompanying documents, photographs of the furnishings and damages of the machines.
Kinds of autotechnical examinations
The following types of judicial research are distinguished:
- transport-tracological examination and analysis of tracks on the vehicle and the place of the accident;
- determination of the technical condition of the vehicle and the circumstances of the accident;
- analysis of road conditions, technical condition of the road and conditions on the scene.
In addition, sometimes complexpsychological transport research, where the condition of the driver is examined at the time of the accident. Let's consider how the autotechnical expertise of each of these species is carried out separately.
Transport-trassological examination
The purpose of this type of research is to establish the mechanism of an accident or its traces. The latter include traces of the vehicle, which are relevant to the accident.
The objects of examination are traces of wheels,runners, caterpillars, non-moving parts. Wheels differ from type, model, brand, mechanism and circumstances of education. Important information is obtained by examining the width of the track, the tire, the pattern of the left tread, etc.
The objects include traces of the non-running part of the vehicle, that is, coupling devices, bumpers and other things.
If an auto-technical examination is necessary for the identification of the vehicle, the following questions are put before the expert.
- Are there any traces of the vehicle on the scene of the accident?
- Does the part or its fragment belong to this vehicle?
- Are there any traces of this vehicle?
In addition, diagnostic tasks are set regarding the mechanism of accidents, individual stages in which traces are left, and so on. The questions in this case may concern the following points:
- mode of motion and the collision angle of the vehicle;
- mutual location in a collision;
- the location of the vehicle and the pedestrian on the roadside;
- the sequence of the imposition of traces;
- the fact that traces are formed as a result of a collision;
- other matters.
Study of the technical condition of the vehicle
This type of expertise is necessary to identifyfaults, their causes and defects. It is conducted to establish the circumstances of accidents and other cases. For example, an auto-technical examination will be required when there are disputes about the sale of the vehicle with hidden defects or malfunctions or poor repair and service in the service center. Then the specialist has to answer questions concerning:
- general technical condition of the vehicle and its individual systems and parts;
- serviceability of the vehicle;
- compliance of its technical state with the requirements for admission to operation;
- the presence of shortcomings and, with a positive response, clarification of what;
- cause and time of their appearance;
- the nature of the malfunction (operational, constructive or production);
- the nature of the defect (significant or not);
- proliferation or non-proliferation to the deficiencies of the guarantee;
- The possibility of the appearance of a defect again after elimination.
Investigation of the circumstances of an accident
Autotechnical forensic examination of this typeis connected with the transport-trasological, since it has one purpose: to ascertain the circumstances of the incident. However, the species in question is aimed at restoring the picture of the road accident as a whole, and the transport-trasological investigation solves a narrower range of problems.
The expert is asked questions about:
- the speed of the vehicle before the collision;
- the length of the stopping and braking distance;
- time at which the car has overcome a specific distance;
- the possibility of stopping the car in specific circumstances;
- reasons for overturning or skidding;
- the possibility of preventing accidents;
- the relative location of the vehicle at a certain point, including before the collision.
Sometimes an auto-technical forensic examination includes questions that are not always within the competence of specialists. Then the experts have the right not to respond to them. An example is the following.
- How did the driver have to behave in a particular situation to ensure traffic safety?
- Did the driver act in accordance with SDA?
These issues are within the competence of lawyers. Therefore, the corresponding specialists should answer them, and not auto-technical experts.
Investigation of road conditions
Autotechnical examination, the issues of whichconcern road conditions, is appointed, if necessary, to verify the testimonies of road users in case they referred to objective reasons that led to an accident.
The study is also relevant in a number ofadministrative offenses. If the person involved under Chapter 12 of the Code of Administrative Offenses refuses to acknowledge the fact of his guilt (for example, referring to the absence of road signs or road markings), these circumstances are checked. For this purpose, an autotechnical examination is appointed. Then the following questions are put to the expert.
- Could the missing signs or their inaccurate location be the cause of the incident?
- Are the signs installed in accordance with the requirements of the existing GOST?
- Are the "recumbent policemen" fit into the current GOST?
- Were there any reasons related to the organization of traffic on the road that contributed to the accident?
- Was there a technical opportunity to avoid an accident?
The task may be to determine the moment of the possibility of preventing an accident if the driver had slowed down in time.
Evaluation study of vehicles
If the autotechnical examination is assigned in the evaluation of a vehicle, the following questions are put on it.
- What technologies should be used to repair the vehicle?
- How much will it cost to repair the vehicle?
- How much does the vehicle cost in a particular condition, the indicated year of manufacture, taking into account the wear and tear of the equipment, as well as the additional equipment installed in the car?
- How much do the remaining TSs cost?
- What is the size of the loss of the cost of the affected vehicle?
Comprehensive psychological autotechnical expertise
Definition of this kind implies attractionexperts who are able to assess the "human factor" in road accidents, that is, possessing special knowledge in the field of psychology and psychophysiology. In this case, when an independent auto-technical examination of the car is carried out, the driver's reaction to this or that situation on the road is evaluated when it was necessary to make a decision. Taking into account the experience of driving the vehicle, the human condition, temperament and other circumstances that need to be investigated.
This, of course, is important. Therefore, when an auto-technical expertise is assigned for an accident, it is advisable to require and carry out this type of research. It is especially necessary when there are victims as a result of the incident. The specialist may be asked questions concerning:
- time reaction of a person behind the wheel to the appearance of interference in a particular situation;
- conflict situation between the driver and other participants in the accident, which affected the mental state;
- influence of this state on performance of functions of driving;
- compliance of its psychophysiological capabilities with those requirements that are necessary to ensure safe driving;
- the possibility of timely correct perception by the driver of the situation on the road;
- the ability to prevent an accident with the existing psychophysiological state of the driver.
Conclusion
Because of the huge number of accidents on the roadsautotechnical expertise in road accidents is one of the most common types of research that is assigned to establish facts on the case. Unfortunately, some of the accidents have grave consequences. Therefore, the exact evidence base for incidents is so important.
Often for cases of this type, the main sourcesThe results of the investigation are the results of the autotechnical examination. The cost in the capital for this type of services starts, on average, from 20,000-25,000 rubles. But the aggrieved party has the right to collect this amount in the future from the originator of the incident.
