Accident Reconstruction
Approved by the Board of Directors of the National Academy of Forensic Engineers (NAFE) on July 30, 2000.
This paper will express the concern of the National Academy of Forensic Engineers (NAFE)® with regard to the practice of what has loosely been called "Accident Reconstruction." The terminology is typically used in reference to the analysis, reporting and exposition of opinions in the legal system, including testimony in depositions and in court relative to accidents which have occurred in the highway environment. In most instances the on site investigation has been accomplished by police officers, some of whom may have received supplemental training for this purpose. It is desirable that an engineer who analyzes the event and ultimately reports and may testify, giving an opinion as to the engineering analysis, or "reconstruction," have access to the site and to any vehicles involved at the earliest possible time. Competent first instance investigation, including photography and measurements by police at the site is very important toward the goal, in the public interest, of detailed engineering analysis of the accident. The NAFE encourages and supports the training of police for this important duty.
However, despite the best of intentions and the benefit of correspondence courses or classroom instruction (typically a few weeks in duration) the investigation of accidents by police investigators is often seriously lacking in details which would provide foundation for engineering, scientific and mathematical analysis. The courses given to police personnel "on campus" at several universities are very limited in scientific and mathematical instruction and are not college accredited courses even at the (associate) "community college” level. These limitations in police training may have a restrictive effect on the usefulness of the information recorded. Even more significantly, the limitations in training make it unlikely that the trainee can be expected to make reliable and competent analysis of any except the most simple of accidents. The NAFE has had advice from numerous of its members of the erroneous application of basic science and mathematical principles by "graduates" of such courses including in particular the determination of vehicle speed at and prior to impact using methodologies taught at such courses and included in the publications associated with such. The persistent and continuing use of "side-slip" speed analysis by "Certified Accident Reconstructionists" and their defense of same in spite of demonstrable mathematic deficiency is a grave public disservice. Similarly, the persistent and continuing use of "drag-tire/drag sled" determinations of skid friction factors totally ignores the realities of dynamic material characteristics which occur in stopping sequences. NAFE members also recount instances of "Certified Accident Reconstructionists" providing technical sounding reports and even testimony under oath on matters involving civil and highway engineering, mechanical, electrical and materials engineering where the "reconstructionist" has little or no education or experience in these complex fields. We note that there is no requirement for a degree (not even at high school level, much less in an accredited engineering curriculum) as a condition for designation as a "Certified Accident Reconstructionist." Apparently, only the passage of a simple test involving no more than high school level knowledge is the criteria for attainment of this credential. The NAFE, therefore, strongly urges that the courts view cautiously the acceptance of the "Certified Accident Reconstructionist" title as an index of qualifications to testify with respect to the analysis of accidents. The issuance of a "certification" by "accident reconstruction” organizations as based on written examinations of limited scope does not indicate a degree of qualification inclusive of an understanding of even the primary principles of mathematics and science which are required of all engineers in their undergraduate studies.
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Professional Policy No. 165 Accident Reconstruction
ADOPTED: July 2001
It is the policy of the National Society of Professional Engineers (NSPE) to support all efforts to improve forensic investigations, analysis and reporting, including depositional or court testimony when necessary, related to accidents involving property damage, bodily injury or loss of life. Professional engineering services that are provided when such accidents occur in the highway environment are sometimes called "Accident Reconstruction" services.
At its March 23, 2002 meeting the Institute of Transportation Engineers' International Board of Direction approved the following resolution:
Whereas the Institute of Transportation Engineers through its policies has expressed that professionals should limit their practice to areas for which they are qualified based on applicable knowledge, experience, education, professional licensure and certification.
Whereas, ITE notes efforts by some "Accident Reconstruction" groups to limit accident investigation or analysis to specific certified members which would restrict or curtail the practice of professional engineering.
Now Therefore, ITE opposes such restrictions on the practice of Professional Engineering. Furthermore, the blanket acceptance of certification as the only index of expert qualifications should be viewed cautiously.
This action is attested to have been an official action taken by the Institute of Transportation Engineers' International Board of Direction and duly recorded in the minutes of its March 23, 2002 meeting.
The Virginia Association of Defense Attorneys (VADA) in its "Journal of Civil Litigation" published a very informative article by a member attorney titled, "What is Accident Reconstruction to the Law?"
Reproduction of this article has been made by NAFE with permission of the author and publisher, and copies will be sent to engineers or attorneys without charge. Please contact us by writing to request this article on your professional letterhead.