WHO INVESTIGATES FATAL AND SERIOUS INJURY MOTOR VEHICLE COLLISIONS?

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2 Hamilton Police Service WHO INVESTIGATES FATAL AND SERIOUS INJURY MOTOR VEHICLE COLLISIONS? We recognize this is a very difficult time for you. It is important for you to know that the Hamilton Police Service is here to provide assistance to you in any way possible in relation to the case involving the death or serious injury of your loved one. Our duty as members of the Collision Reconstruction Unit of the Support Services Branch of the Hamilton Police Service is to investigate serious collisions using technical processes, analyzing, and drawing conclusions about the causes and events during that vehicle collision. The resulting in-depth collision analysis provides the collision causation which may result in Criminal or Provincial Offences as well as Civil Remedies. During the course of these investigations, there are many things that will occur. This Guide for the Families Involved with Fatal and Serious Injury Collisions, will identify the phases of our investigation so you have a clear understanding of the process. Included are contact numbers, resource information and what you can expect during a tragic Collision investigation. If there is anything that you need to know that is not included in this guide, do not hesitate to ask. We are here to help you. FACTS ABOUT FATAL AND SERIOUS COLLISION INVESTIGATIONS AND WHO IS IN CHARGE? Facts about Serious Collision Investigations Who is responsible for investigating the death or serious injury of my loved one? The Collision Reconstruction Unit (CRU) is a branch of Support Services and the Traffic Office. It consists of four members, two working as partners on a 12 hour schedule. The Officer in Charge (OIC) of the collision is responsible for ensuring that the investigation is complete. In addition, the OIC is responsible for providing reports to Law Firms and interested Insurance providers for civil claims.

3 Upon attending a Fatal or Serious injury collision, the CRU will take over the investigation and direct officers to secure the scene and prevent any vehicular and Pedestrian traffic from entering it. The Forensics Branch will assist and photograph the scene as well as collect any pertinent evidence. CRU officers then examine involved vehicles and roadways for causal factors that contribute to the collision. Along with field sketches, the scene is forensically mapped and measured using specialized equipment. The data gathered is used later with specific computer software to draw a scale diagram of the scene. Involved vehicles are towed for mechanical inspections and in some instances further examined using investigative techniques. The Collision Reconstructionist will then gather all the information and determine through in-depth analysis how the collision occurred and what causal factors contributed to it. If a Criminal or Provincial Offence has been committed, it is the responsibility of the OIC Reconstructionist to follow the court process to its final disposition. In some cases to protect the integrity of the investigation, certain information may be held back from family members as well as the general public for a variety of reasons. The Collision Reconstruction Unit is not the only one involved in collision investigations. The officers work with other members on the team, support units within the Hamilton Police Service, and other law enforcement agencies if needed such as the Ministry of Transportation. The CRU works in partnership with the Victim Services Branch. The Victim Services Branch has the expertise to address your practical and emotional needs and provide guidance and support throughout the investigation process. Often members of the Criminal Investigation Branch assist the CRU at collision scenes with identifying family members who would be considered as Next of Kin (NOK). It is important that the designated NOK is able to make all necessary decisions with respect to their loved one, and relay these decisions to Hamilton Police Detectives. Any questions or concerns as well as follow up investigations will be addressed through this family member to prevent misinformation and duplication.

4 THE CORONER AND FUNERAL PROCESS In all fatal motor vehicle collisions, as well as sudden deaths involving motor vehicles, a Coroner is called to the scene. The fatality and those sudden deaths deemed non suspicious or medically related are considered to be a Coroners case. A Coroner can order an autopsy (post mortem). Post-mortems in Hamilton are conducted at the Hamilton General Hospital. In addition to determining the cause of death, the autopsy can assist investigators with further injury analysis. Materials are collected for medical evidence (e.g. hair, fibres,) and for toxicology testing (e.g. blood, bodily fluids, etc.). An autopsy will not generally affect the family s ability to view the body, however, be aware that an autopsy is a medical examination which may be emotionally difficult to see the after-affects. Information pertaining to the death may be obtained from the Coroner. On written request, you can get a copy of the Coroner s Investigation Statement (it can take over 8 months to complete). Once the Coroner completes the post-mortem, your loved one can be released to the funeral home or other service provider. MAKING FUNERAL ARRANGEMENTS Funeral arrangements should be made soon. Choosing a funeral home or crematory service can be done by looking in the yellow pages or by recommendations of friends and family. Some families make their selection by closeness of the facility to the family s neighbourhood. Once a funeral home has been selected, you will need to call and ask for an appointment to be made within the next few days. At the appointment, be prepared to discuss: Suitable dates and times Clothing choices A designated charity for memorial donations Financial arrangements Burial/cremation, visitation, and viewing Types of services you would like (e.g. style of service, religious/non-religious, cultural related requests, etc.)

5 ADDITIONAL LEGAL AND GOVERNMENT INFORMATION What to do when someone dies, is a government website which provides answers to common questions about what to do, and what support is available when a loved one dies in Ontario. Organ and Tissue donation Funeral Arrangements Death Registration, Burial Permits and Death Certificates Wills and Estate process - What to do with a Will and without a Will. Unfortunately many unexpected deaths become a complex process, which may require consultation with a Probate Lawyer Financial requirements of deceased - Income Tax Filing - Bank Notifications - Family Responsibility Office, if there is child or spousal support issues Unfortunately on occasion international students or visitors to Ontario die suddenly, and their loved ones require Funeral and Repatriation information. Generally in these cases a local Funeral Home would assist in making these arrangements. Such arrangements would include Air Transportation details for either cremated or non-cremated human remains. Most airline companies provide further assistance with regards to discounted flights which can be found on their respective company web sites.

6 COURT PROCESS When should I expect an arrest or charges? Every case is different just like every collision is different. Some cases have an arrest within hours of the incident; others take days, months and sometimes years. Only Provincial Offences have a 6 month statute of limitations (time limit). Criminal Offence have no statute of limitations. In cases where an arrest is made soon after the incident, the Officer in Charge will determine what the specific charges are and will place an Information before the Court. A Crown Attorney will be assigned and the Court process will begin. What happens after an arrest (if applicable)? After an arrest is made, the Judicial (or Court) process begins. There are a number of possible resolutions or dispositions of a criminal case. In some cases a preliminary inquiry/hearing in the Ontario Court of Justice may take place. A trial will then be held at the Superior Court level. Generally the same applies to Provincial Court proceeding. Highway Traffic Act (HTA) charges will be prosecuted in Provincial Offences (Traffic) Court by a Provincial Prosecutor. Only HTA charges resulting from a fatality would be prosecuted by the Crown Attorney s Office as in criminal cases, but will remain in Provincial Offences (Traffic) Court. The Court in Hamilton for both levels is located at 45 Main Street East, Hamilton. Please see the following two Reference Guides to assist in explaining the court process. Each case is very important to us, and your support is both necessary and genuinely appreciated. You will be notified as soon as progress is made in the case, including any arrests and subsequent court appearances. It is important that you keep in touch with the Officer in Charge of the case. Please update your information with us if you move or change your phone number so that we can continue to keep you informed in a timely manner.

7 CRIMINAL CASE PROCESS REFERENCE GUIDE Police Investigate Crime Victim Services Branch provides emotional support and assists with urgent and practical matters Arrest Warrant Obtained or Person Arrested Ontario Court Appearance Victim Services Branch will connect you to a support person (Victim Witness Assistance Program) Ontario Court Preliminary Hearing/Inquiry A Bail Review can happen between Preliminary and Trial Trial Judge & Jury or Judge Alone Disposition Appeals

8 PROVINCIAL OFFENCES COURT PROCESS REFERENCE GUIDE Police Investigate Offence Victim Services Branch will contact you to offer support, information, and community resources Provincial Summons Issued or Person Arrested Provincial Offences Court Appearance Early Resolution Trial Payment of Fine Justice of the Peace or Judge Alone Disposition Appeals

9 PERSONAL PROPERTY AND EFFECTS How do I get the property of my loved one? Some property can be returned rather quickly. Other property may need to be retained as evidence and cannot be returned. Certain items of property, such as clothing, may have been exposed to biological hazards that prevent them from being released to the public. Such items will ultimately have to be destroyed. The Officer in Charge of the case is responsible for both deciding on and facilitating the release of the various items of property. However, if property is left in the secured vehicle, and is immediately required i.e. Medication/ID., then arrangements can be made through the Collision Reconstruction Unit to have it retrieved and returned. THE TOWING AND RELEASING OF VEHICLES What about releasing vehicles? In most situations vehicles are impounded at the scene and held for expert examination. These vehicles are generally held at a police authorized secure tow facility and may be released after any necessary processing is complete. The Officer in Charge of the incident will advise as soon as possible when the vehicle can be released and will communicate when necessary with involved insurance companies. If there is some essential property within the vehicle such as medications, identification or third parties belongings which need to be returned immediately, then contact the Officer in Charge. IMPORTANT INSURANCE FACTS Mandatory Coverage: In Case of Injury IBC (Insurance Bureau of Canada) Generally speaking, there are two types of mandatory auto insurance coverage: Accident Benefits and Third-Party Liability. Accident Benefits coverage pays for medical treatment, income replacement and other benefits to help you heal if you are injured in a collision. Accident benefits are also called no-fault benefits, which means they are paid to you by your own insurer regardless of who caused the collision. Accident Benefits coverage is mandatory in every province except Newfoundland and Labrador. The other mandatory coverage is Third-Party Liability. In most provinces, the person who did not cause the collision has the right to sue the at-fault driver for additional costs and damages not covered by Accident Benefits. Third-Party Liability covers you for the legal costs of being sued if you are the at-fault driver 1. 1 Information of Insurance Bureau of Canada -

10 If you don't have your own auto insurance or are not listed on someone else's policy, but have been injured in an auto accident, you can still make a claim for accident benefits. The circumstances will determine which insurance company is responsible for paying for the accident benefits you may be entitled to. The chart below will help you to determine which insurance company to send the Accident Benefits Application Package to, if you don't own or lease a vehicle and are not listed on someone else's policy. Your Situation/Circumstance You were driving a company vehicle. You were a passenger in someone else s vehicle when injured. You were a passenger in an uninsured vehicle and there was more than one vehicle involved in the accident. You were a pedestrian or cyclist. None of the above. Where to Send the Application The insurance company that insures the company vehicle. The insurance company that insures the vehicle you were a passenger in. The insurance company of an insured vehicle involved in the accident. The insurance company of the vehicle that hit you. The Motor Vehicle Accident Claims Fund (MVACF); see below for more details. If you do not have auto insurance, are not listed on someone else's policy, and no other vehicle involved in the accident has auto insurance or can be identified, you may be entitled to obtain accident benefits from Ontario's Motor Vehicle Accident Claims Fund (MVACF). MVACF is considered to be the "payer of last resort," providing accident benefits, such as income replacement, medical rehabilitation, and attendant care benefits, to people injured in auto accidents when no auto insurance policy exists to respond to the claim. Pedestrians and cyclists hit by an uninsured or unidentified driver are eligible for up to $200,000 and up to $2 million for medical and attendant-care benefits if they suffer catastrophic injuries as are the uninsured drivers, even if they were at fault in the collision. Uninsured drivers do not always have to pay for damages they inflict. Note: While MVACF protects innocent parties injured in auto accidents, the persons who cause those accidents are still held accountable. MVACF takes legal action against atfault uninsured drivers to recover the full cost of judgments paid out by MVACF 2. 2 Information of Financial Services Commission of Ontario

11 To obtain more information on making a claim through MVACF contact: Motor Vehicle Accident Claims Fund Financial Services Commission of Ontario 5160 Yonge Street PO Box 85, 8th Floor Toronto ON M2N 6L9 Tel: (416) Toll-free: USE OF MEDIA How does media attention on a particular case affect fatal and serious motor vehicle collisions? In what instance will media attention hurt/help an investigation? The media can help in some cases and can hurt in others. It is the practice of the Hamilton Police Service where possible, not to release the name of victims or deceased persons without first making every attempt possible to contact the closest Next of Kin (NOK) and notify them personally. Unfortunately the Media has access to social internet sites which may have posted sensitive information and in turn hindered investigators efforts to contact families first when making sudden death notifications. Frequently we contact the media to help with investigations. Sometimes this will provide us with new leads or witnesses will contact us with information about the investigation. The media also assist police investigations with such non-profit organizations as Crime Stoppers. Anonymous information is shared and in return awards are granted for helpful information. or TIPS(8477) However, sometimes the media will talk to witnesses at the scene of a collision and incorrectly publish information that can distort the facts of the investigation. It is highly recommended that you be cautious when speaking to the media, without first contacting the Officer in Charge, because it could hurt the Hamilton Police Service s ability to properly investigate the collision or bring the person(s) responsible to justice. Instead, work with the Officer in Charge, who will in turn, coordinate with the media through proper channels.

12 CIVIL PROCESS How can a one seek a civil remedy for financial losses? Although the Civil Process can take several years, it is recommended that families of involved parties from serious or fatal collisions seek consultation with a Personal Injury Lawyer. The dispersments of short and long term accident Benefits and any other financial awards can be convoluted and involved. This is true in both Criminal/Provincial Case proceedings as well as for those investigations where charges were not applicable.

13 VICTIM SERVICES BRANCH Victim Services is a Branch of the Hamilton Police Service. It is the only 24-hour crisis intervention service for victims of crime and trauma serving the residents of the City of Hamilton. We respond to the immediate needs of people who have been victimized by crime and/or trauma such as homicides, suicides, sudden death, assaults, sexual assaults, traffic and fire fatalities, robberies and harassment. If you need someone to talk to, please call our 24hr line at (905) We are here to assist you with emotional support, information and community resources. The following are some additional services provided: Provide emotional support during death notifications Assist the family in locating a funeral home Work closely with the Collision Reconstruction Unit and act as a liaison for the family to the C.R.U. Assist the family in explaining the investigative and general process in relation to the aftermath of a serious or fatal collision. (e.g. media, funeral, etc) Assist the family in accessing various municipal, provincial and federal finance programs to assist with funeral planning Assist with counselling referrals and resources Assist the family with notifying and supporting children affected by the serious injury or death Will connect family members to a support person within the court system (Victim/Witness Assistance Program) if a criminal charge has been laid

14 C.R.U. OFFICER IN CHARGE NAME POSITION BUSINESS PHONE CELL PHONE OFFICE LOCATION NOTES 155 King William Street, Hamilton, Ontario HPS OCCURENCE NUMBER VICTIM SERVICES BRANCH CASEWORKER NAME POSITION BUSINESS PHONE CELL PHONE OFFICE LOCATION NOTES 155 King William Street, Hamilton, Ontario For more information contact: Victim Services Branch Tel: Fax: Hamilton Police Service, Central Police Station 155 King William Street, Box 1060, LCD 1 Hamilton, Ontario L8N 4C MAY14