1. Explain the steps of police during the Traffic Accident Investigation.

Make a
case/scenario that shows the steps. (50 points.)

These are the steps that must be followed by the Police Officer during traffic accident
investigation;

First, a Police Officer will secure the crash scene and check the people involved
of the accident, after doing so, the police must call for medical assistance and start
surveying the scene for field inquiry; the officer must also call his subordinates to
preserve the scene. Other officers will direct the traffic away from the scene of the
accident by setting up cones and flares or by using hand signals to direct traffic. This is
important for everyone’s safety, if there are injuries or the officer suspects that someone
was injured in the accident the officer should also call for EMTs. After any accident, it’s
important to seek medical help, as it can provide proof of your claim later on.

Second, an officer will investigate of what happened in the accident after the
scene had been secured and all individuals who got caught up in the accident should
have medically treated thereof. The officer will begin an investigation. The investigation
will focus on determining who was involved in the crash, what happened, where it
happened and how the crash occurred or the cause of it. As part of the investigation,
the police officer will take a number of factors into consideration, including: Location of
the accident, traffic controls, lane markings, weather conditions, road conditions,
number of vehicles involved, types of vehicles involved, Damage to the vehicles,
presence of debris, skid marks, and tire marks. The officer would also speak to all
parties involved in the accident. A police officer will also try to locate individuals nearby
that may have witnessed the crash and gather their statements about what happened.

Third, the police officer would also take photos of the cars and surrounding area.
The officer should be wary to the condition of the vehicles and to any property damage
which both party sustained. These photos will be a permanent record to any damage
and will play a role in determining the cause of the crash.

Fourth, the officer will issue traffic citations. When a vehicular accident occurs,
someone will always be at fault. A police officer will complete all of the above steps in
an attempt to establish that fault. When a person’s negligence was the reason that
caused an accident, it’s either the person broke the law or the person was simply
negligent. Victims of the accident can use the citation to establish that they were not at
fault, and that the adverse party owes compensation for his or her losses.
 Fifth, the police officer will prepare a traffic accident investigation report, if the
police officer has all the information that he or she needs. The report will include all the
basic information about the accident. It will state who was involved in it, the date and the
location of the crash and the vehicles involved in it. It will also include the names and
statements of any witnesses, and it will list all injuries that people suffered. Most
importantly, the crash report will provide a preliminary indication of who was at fault.

Lastly, the officer will give a deposition or testify in court to about what the officer
saw and heard at the crash scene. According to Charles W. Davis Jr.

2. Explain Culpa Contractual and Culpa Aquiliana. Then make your own
illustrative example of each action. (50 points)

 Culpa Contractual and Culpa Aquiliana are the two different kinds of civil
liabilities. In culpa aquiliana, negligence includes all acts in which any kind of fault
or negligence intervenes.  Actions based on contractual negligence and actions
based on quasi-delicts differ in terms of conditions, defenses, and proof; they
generally cannot co-exist; once a breach of contract is proved, the defendant is
presumed negligent and must prove not being at fault; in a quasi-delict, however,
the complaining party has the burden of proving the other party’s
negligence; Hence, the latter is broader in concept In culpa aquiliana, Example; a
person who was driving a motorcycle with a passenger at the back; both driver
and passenger are not wearing a helmet in which is a violation that is required by
our traffic rules and safety. Due to negligence of the driver, an accident
occurred.??????????????????????? Culpa is substantive and independent
which of itself constitutes the source of an obligation between persons not
formerly connected by any legal tie.

 While in culpa contractual, culpa is considered as an accident in

performance of an obligation already existing. Example of this is a jeep, the
moment a passenger steps into the jeep and took a seat, it is the duty of the
driver to transport the passenger safely, otherwise any form of accidents which
gives danger to the life or limb to the passenger is a breach of contract that gives
arise to criminal and/or civil liability.