Traffic analysis report
A traffic analysis report or accident reconstruction report (also an accident analysis report ) serves to clarify the course of the accident .
In traffic accidents with personal injury and / or property damage are high experts summoned by the police and prosecutor's office directly to the scene of the accident to the traffic accident record . The documentation covers, for example, skid marks , deformations of the accident vehicles, road conditions or the condition of the vehicles before the accident happened.
Such an expert opinion can also be obtained in the context of a contentious civil litigation relating to damages at the request of a party or ex officio (§§ 402 ff. ZPO ). According to Section 411a of the German Code of Civil Procedure ( ZPO), the written assessment in traffic accident proceedings can be replaced by the use of an expert opinion obtained by a court or a public prosecutor from a traffic criminal proceeding.
Based on the sum of the information it is possible to the expert, the course of events of a traffic offense or traffic civil law disputed facts with scientific means an evidence accessible. An accident analyst uses modern technology, in particular modern calculation programs (e.g. PC-Crash or Analyzer Pro ), which use various parameters to calculate the braking distances of the vehicles involved in the accident, the position of the vehicles before and after the collision, and the speeds immediately before the accident can. The report consists of a summary of the data and facts recorded at the scene of the accident, the conclusions, image documentation ( photo folder ) and an accident sketch created using the computer program, which shows the course of the accident.
The expert, usually an engineer specially trained for accident analysis , prepares an expert opinion on the specific questions of the court or client; the questions and thus the subject areas are diverse, examples are:
- the accident
- Perception (for example, "Was there a tactile- kinesthetic noticeability for a so-called" normal driver "with the security required for criminal proceedings?")
- Biophysics (mostly biomechanics )
- Claims correspondence
- Driving ability
- Avoidability
- Insurance fraud
Individual evidence
- ^ Andreas Wendt: Accident analysis - collision analysis - traffic analysis report. Retrieved July 20, 2018.
- ↑ cf. Jörg Maibaum: Investigations: Deadly mission on New Year's Eve: Essen police officer innocent WAZ , December 13, 2016; Steffen Gerber: Traffic: Public prosecutor investigates fatal accident in Wengern Westfalenpost , January 4, 2018
- ↑ cf. OLG Hamm, judgment of August 4, 2017 - 9 U 173/16 ; BGH, decision of May 12, 2009 - VI ZR 275/08 ; LG Coburg, judgment of July 13, 2005, 21 O 418/03
- ^ Christoph Eggert: Important change in the expert evidence March 1, 2007
