Michael P. Corrigan – Criminal Investigations
Arguably one of the most in demand expert witness roles, Criminal Investigations require an experienced and strategic expert. Here to talk to Lawyer Monthly about his expert witness role in this legal segment, and particularly about investigations surrounding vehicle collisions, is Michael P. Corrigan of Strange, Strange & Gardner.
Michael is employed in the firm’s Road Traffic Collision Investigation and Reconstruction Department. In this role he holds a Licentiateship from the City & Guilds in the area of Accident Investigation (LCGI) and is a member of the Institute of Traffic Accident Investigators (ITAI) and the Institute of Motor Industry (MIMI). Michael was a Serving Police Officer with the West Midlands Police Force for over 31 years and for the majority of the service was a Traffic Officer who specialised in the investigation/reconstruction of fatal/ serious road traffic collisions; this is where he received the majority of his training in this field.
Overall, what does the role of a collision investigation expert witness involve day to day?
At this time the majority of training in the area of road traffic collision investigation reconstruction is done by Police Forces and as a result the majority of collision investigators are retired Police Officers. There are now a number of courses becoming available in the area of road traffic collision investigation and reconstruction.
The role of a road traffic collision investigator and reconstruction forensic engineer can be split into two main sections, Criminal and Civil cases. My role in the criminal field is to assist Barristers and/or Solicitors where Defendants have been charged with a number of offences, which can range from Death by Dangerous Driving to Careless Driving.
The main role in the civil field is to prepare a Court compliant report into the circumstances of the material road traffic collision under consideration, the consistency of the damage in regard to the alleged circumstances, the likelihood of occupant displacement within the vehicle at the principal point of impact, and the wearing or otherwise of seatbelts.
All collision investigators are fully aware that their principal duty is to prepare a Court compliant report which is impartial to all of the parties CRIMINAL INVESTIGATIONS involved and not dependent upon the person placing the instructions or paying the professional fees.
How are these sorts of investigations carried out and how complex can they become?
In any investigation into a fatal/ serious road traffic collision it is dependent upon the level of experience and qualification of the Police Officers attending the initial scene and the collision investigator to record all of the available evidence at the scene. This type of evidence can be ephemeral marks, post-impact positions of the vehicles, debris fields and witness evidence. It is the duty of the collision investigator attending the scene to recall all evidence, some of which may not form part of the rationale of the material road traffic collision but has to be able to explain why certain points have been discounted within the final report.
In any case one of the primary obstacles in obtaining evidence at the scene would be the level at which this is recorded by the initial Police Officers and any subsequent collision investigator attending at a later date. This therefore becomes a problem whereby Police Forces are prioritising the attendance of collision investigators at road traffic collision scenes and this may result in evidence not readily appreciated by an untrained eye being lost and be unrecoverable at a later date. In criminal cases where a collision investigation expert is instructed by the Defence team it is dependent upon the quality of the recorded evidence and the availability which is one of the major problems in preparing a report within the timescales laid down by the Court.
In most cases where witnesses, drivers and passengers in the vehicle are available to give evidence this does assist in forming any opinions as to the like causes and the outcome of any pending Court cases. There are occasions where there are no witnesses available due to the areas where the collisions may have occurred and/or the parties involved which in some cases are deceased are not available to give detailed evidence of the collision circumstances. In this case it becomes paramount as to the quality and the amount of recorded evidence to fully assist in forming an opinion as to the likely movements of the vehicles leading up to the principal point of impact.
There are occasions when vehicles post-impact, in their damaged states, can be repositioned, then photographed, to show their relative orientation at the point of impact. This is then re-imposed within the road layout and from this opinions can be formed as to the likely circumstances and the driver that was at fault, and therefore the cause of the material road traffic collision.
What overall impact does your role have in insurance-related and civil disputes?
These types of investigations and reconstructions, where there are no available witnesses, do assist insurance companies in considering the likely outcome of any claims made by persons involved and/or the dependants of any person that may be deceased.
There are occasions when the investigation and reconstruction made by a collision investigator can identify a problem with a certain type of vehicle and as a result directions can be given in the operation of these vehicles. In one case it was a result of a fatal road traffic collision where the operation of the vehicle severely restricted the views available to the driver and as a result the fatal injuries were caused to the other party. Since that date I have noticed on seeing this type of vehicle being used that the same faults have not been made and as a result the driver’s views have not been similarly restricted and hopefully no further fatal road traffic collisions occurred. On a personal note I am aware that although it was never considered the driver’s fault, he never drove this type of vehicle again and had to change his employment.
In all investigations of fatal/serious road traffic collisions where there is no exact data or information as to the collision circumstances for example CCTV of the movement of the vehicles, it always comes down to the opinion of the collision investigator on consideration of all of the available evidence as to the causation of the material road traffic collision. In this case all collision investigators must be prepared to review and amend their discussions and conclusions stated within any report if additional information becomes available.
How does your role help specifically in the reconstruction of collision events through the use of technology? How are these reconstructions then evaluated by the Courts?
I am aware that a number of Police Forces in the United Kingdom have started to use 3D computer animation to show the movement of the vehicles during a road traffic collision. In preparing a 3D computer animation it is necessary that all of the available information at the collision scene has been fully recorded for example in the form of rolling tyre marks, skid marks and any gouge or surface marks to the road surface. These markings can be used to position the vehicle within any 3D computer animation with some accuracy in forming an opinion as to the likely movements.
It is a personal observation of mine that the use of 3D computer animation is solely based on the opinion of the person preparing the animation as to the movement of the vehicles during the material road traffic collision. It may be that a person(s) and/or collision investigator can verbally fully explain correctly how a collision occurred and then the alternative position is put by the use of an illprepared and incorrect computer animation, but because it is an animation and readily understood, it may be accepted as a more logical explanation.
