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https://nap.nationalacademies.org/catalog/27432/critical-issues-in-transportation-for-2024-and-beyond

LEGAL ASPECTS OF SKIDMARKS IN TRAFFIC CASES-PART I

THE SUBJECT OF SKIDMARKS IS OF CONSIDERABLE IMPORTANCE AMONG THOSE IN TRAFFIC LAW ENFORCEMENT. THE SPEED AT WHICH A MOTOR VEHICLE WAS TRAVELING IMMEDIATELY BEFORE, OR AT THE TIME OF AN ACCIDENT, IS OFTEN AN IMPORTANT FACTOR ON THE ISSUE OF THE DEFENDANT'S NEGLIGENCE; OR THE PLAINTIFF'S CONTRIBUTORY NEGLIGENCE, IN PERSONAL INJURY AND WRONGFUL DEATH ACTIONS; IN PROVING RECKLESSNESS, WANTONNESS, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, IN AN ACTION UNDER A GUEST STATUTE, AND IN PROSECUTIONS FOR OFFENSES COMMITTED WHILE OPERATING A MOTOR VEHICLE. BOTH IN CIVIL CASES AND IN CRIMINAL PROSECUTIONS THE GENERAL RULE IS THAT TESTIMONY OR EVIDENCE AS TO TIRE OR SKIDMARKS IS ADMISSIBLE. THE ABSENCE OF SKIDMARKS FOLLOWING A COLLISION HAS BEEN HELD ADMISSIBLE TO HELP PROVE THE DRIVER OF THE VEHICLE DID NOT APPLY THE BRAKES, AND CONVERSELY, THE PRESENCE OF SKIDMARKS SERVES TO PROVE THE BRAKES WERE APPLIED. ONE COMMON USE OF SKIDMARKS IS TO CALCULATE THE MINIMUM SPEED THE VEHICLE HAD TO BE GOING IN ORDER TO MAKE SKIDMARKS OF A PARTICULAR DISTANCE. SKIDMARK EVIDENCE TO DETERMINE SPEED MAY BE SHOWN IN AT LEAST THREE WAYS: (1) EXPERTS HAVING THE NECESSARY QUALIFICATIONS MAY ESTIMATE SPEED FROM SKIDMARKS ACCORDING TO A WELL RECOGNIZED SCIENTIFIC FORMULA, (2) A WITNESS OBSERVING THE VEHICLE IN MOTION MAY BASE HIS ESTIMATE OF SPEED UPON ITS SKIDMARKS, TOGETHER WITH OTHER FACTORS HE OBSERVED, AND (3) COURTS AND JURIES MAY CONSIDER THE SKIDMARKS, TOGETHER WITH OTHER FACTORS SHOWN, IN DETERMINING VEHICLE SPEED.

  • Supplemental Notes:
    • Vol 18, No 6-7, PP 32-40
  • Authors:
    • Rifas, R A
  • Publication Date: 1970-6

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Filing Info

  • Accession Number: 00221035
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Oct 5 1970 12:00AM