The forensic pathologist and the determination of driver versus passenger in motor vehicle collisions. The need to examine injury mechanisms, occupant kinematics, vehicle dynamics, and trace evidence

Five cases of vehicular homicide are presented in which the determination of an occupant's role in a motor vehicle collision was an important medicolegal question. The identification of the occupant's role in a motor vehicle collision can be determined by the forensic pathologist. The investigation that coordinates an examination of injury mechanisms, occupant kinematics, vehicle dynamics, and trace evidence will facilitate such a determination. This determination protects the innocent passenger, when faced with criminal or civil charges, from being falsely prosecuted as the driver. The examination of the above-mentioned components in a multi-occupant collision takes on particular forensic importance when a surviving driver claims to be a passenger: the victim rather than the assailant.     

Identification of the driver in an automobile collision

We report on a three-occupant automobile collision in which one of the two survivors claimed that the deceased had operated the vehicle. We attempted to identify the driver. The left face and neck of the deceased appeared to have struck the vehicle's interior. The survivors were slightly injured on the right side of their faces. In Japan, the passenger side is on the left, and in this case, the right side of the vehicle had been damaged. By comparing the injuries of the deceased and the survivors in relation to the vehicle damages, we concluded that the deceased occupant had probably been a passenger, not the driver.     

An unusual case of high-voltage electrocution of a truck driver due to inadvertent contact of the truck with an overhead wire

Electrocution deaths are mostly accidental. However, reconstruction of events in unusual electrocution death is challenging. This article reports an accidental death due to electrocution in a highly unusual circumstance, in which a truck driver reversing his vehicle was electrocuted when his truck inadvertently touched an overhead high-voltage wire. The electric injury marks were present over the sole of the right foot. The scene investigation revealed that the high-voltage wire was loose and was below the level of the prescribed height. The truck was passing over an elevated area made up of dirt and stone. The interior of the cabin of the truck revealed a few non-insulated metallic areas over the floor of the truck, between the accelerator and the brake, which were attributed as the sources of entry of electricity into the body. The electric injury marks were different than those usually seen in high-voltage electrocution as there was an intermediate object (truck) involved, and the contact period between the truck and the electric wire was minimal. This fatality was attributed to the non-proper insulation of the interior of the truck, the negligent driving of the truck driver over the elevated surface, and the loose high-voltage wire without proper maintenance.     

安全带对人体的影响

安全带普遍用于防止交通事故所致伤亡,其交通损伤中与安全带有关的损伤逐渐引起人们关注。通过复习国外相关文献,结合1例尸检案例,对安全带造成人体损伤的特点进行综述和探讨。     

两轮摩托车道路交通事故驾驶员损伤特征分析

目的找出两轮摩托车交通事故中多发于驾驶员而乘员较少发生的损伤特征,为查明案件提供线索。方法统计分析了有驾乘人员死亡的136例及有驾乘人员受伤的32例,以体表擦挫伤、挫裂伤或骨折作为统计对象,分别统计驾乘人员各部位发生损伤数并计算其出现的比例。结果驾驶员出现膝部损伤的比例（34．9％）高于乘员比例（i0．3％）,而驾驶员膝部损伤大多数发生在膝部前侧。结论膝部前侧损伤的当事人应高度怀疑其为真实驾驶员。     

附款行政行为探略

附款行政行为作为一种弹性行政管理手段越来越受到关注 ,为了更好地发挥其特殊功能 ,应从合法性、合理性和必要性等方面对其正当性提出必要要求。当附款出现违法或不当时 ,应根据附款在行政行为中的地位和作用来判断行政行为的效力。     

Analysis of fatal injuries to motorcyclists by helmet type

To clarify the characteristics of injuries of motorcyclists dying in accidents in relation to helmet type, we retrospectively analyzed forensic autopsies of 36 helmeted motorcycle riders. The presence of major injuries and injury severity were evaluated with the injury severity score and the 1990 revision of the Abbreviated Injury Scale. Persons with open-face helmets (19 cases) were significantly more likely to have sustained severe head and neck injuries, especially brain contusions, than were persons with full-face helmets (17 cases). Furthermore, major injuries of the chest or abdomen, rib fractures, lung injuries, and liver injuries were each present in more than one quarter of all cases (26.3% to 70.6%), but their prevalences did not differ significantly between riders with different types of helmet. Because many types of head and neck injuries cannot be prevented and fatal chest and abdominal injuries occur despite the use of full-face helmets, more effective helmets and devices for protecting the chest and abdomen are needed to decrease deaths from motorcycle accidents.     

车外人员撞击伤特点分析

目的以真实案例为基础,研究汽车碰撞事故中,不同机动车车型、不同交通方式等因素造成车外人员撞击伤的特征。方法选取上海地区发生的汽车与车外人员碰撞事故案例200例,通过对事故中的人、车等检验对比,分析车外人员撞击伤的特点。结果车外人员撞击伤主要出现在下肢,其次为胸部和头部;行人（含推车人）撞击伤出现频次与骑车人（含自行车或摩托车后座乘员）无明显差异;小轿车和小客车事故中撞击伤多见于下肢,大客车多见于胸部;车外人员被撞击后发生抛甩频率随车速的加大而增高,且通过车体痕迹检验,人体与车辆挡风玻璃发生（二次）撞击伤匹配程度最高。结论分析汽车与车外人员碰撞事故人体撞击伤特点,对于交通伤法医学鉴定及深化交通伤机制研究具有参考价值。     

The influence of car and driver stereotypes on attributions of vehicle speed,position on the road and culpability in a road accident scenario

Purpose. Laymen and legal professionals frequently make decisions on the culpability of drivers involved in collisions on the basis of incomplete and inconsistent information. Could attributions based on car and driver stereotypes influence decisions on culpability? Methods. In Experiment 1, ratings were collected on the perceived on‐road aggressiveness of drivers of different age and gender, and for models and colours of motorcars driven. In Experiment 2, participants read an accident scenario involving two cars and were asked to estimate relative speed, position on the road and blame. The ages of the drivers, colours, make and model of car driven were manipulated using the aggressiveness ratings collected in Experiment 1. In Experiment 3, participants read another scenario and were again invited to allocate blame; colour, model of car and driver's age were varied systematically to establish the relative contribution of the different elements of the stereotype. Results. Combinations of colour, car and driver rated high on aggression were judged as travelling faster, being further across the road and more likely to be the cause of an accident than those rated low on these dimensions. Conclusions. Pre‐existing car and driver stereotypes have a demonstrable influence on judgments of driver behaviour from conflicting accident statements. The possible implications for the handling of accident claims and legal cases are discussed.     

Study of injuries combining computer simulation in motorcycle-car collision accidents

This paper presents the approach of computer simulation to clarify the questions faced by forensic experts about what causes the various injuries characteristic of two motorcycle victims, including the motorcycle driver and the back seat occupant on the motorcycle, and how to exactly confirm which one of them is the motorcycle driver. Two typical motorcycle-car accident cases were reconstructed to analyze the movement and the load of both the motorcycle driver and the back seat occupant in the collision course. In case one, the back seat occupant suffered fatal head injuries when he fell on the ground after being thrown higher than the motorcycle driver over the top of the car. In case two, the compressive force loaded by the right tibia of the back seat occupant was larger and more durative compared with the motorcycle driver; the back seat occupant suffered a bursting fracture injury of his right tibia. These results might be useful for forensic experts in dealing with similar motorcycle-car collision accidents in the future.     

Evaluation of aortic injury in driver fatalities occurring in motor vehicle accidents in the State of Maryland for 2003 and 2004

Incorporating epidemiological and pathologic factors, a retrospective analysis of aortic injury and driving fatalities was conducted. To better understand the mechanism of injury, data were compiled for decedent demographics, autopsy and toxicology findings, and accident circumstances, with emphasis on directional impact. Review of the autopsy files of the Office of the Chief Medical Examiner in the State of Maryland in 2003 and 2004, identified 150 cases of aortic injury recorded in 537 autopsied drivers. Aortic lacerations occurred in 96% of the cases with aortic injury, two thirds of which were complete or near complete transections. A large percentage of cases involved a side impact collision. Consistent with extant research on frontal and lateral impacts, the majority of aortic injuries occurred at the ligamentum arteriosum. Also, the mechanism of aortic injury seems to be similar for side and frontal impact collisions, involving a combination of rapid deceleration forces along with chest and/or upper abdominal compression. This study emphasizes the importance of side impact collisions as a cause of aortic injury. Aortic lacerations have a high mortality rate and better motor vehicle design may prevent this type of injury.     

交通事故中摩托车司乘人员致伤方式分析

通过对3例摩托车交通事故中司乘人员的损伤特征及车辆痕迹的检验结果比对,分析事故过程中摩托车司乘人员的运动过程及致伤方式,发现因其位置、姿势和应激状态不同,摩托车驾驶位乘员与后座乘员在碰撞、运动过程中损伤形成不同,其人体成伤机制、部位及程度与车辆相关部位的损害痕迹可以相互佐证,对于推断摩托车司乘人员的行为方式(谁是摩托车驾驶员)具有重要价值。进一步总结此类事故鉴定的共同特点,可为事故责任认定提供参考。     

Cerebral ischemia or post traumatic thrombosis of the A. carotis occuring to a car driver (author's transl)]

A short while after leaving a public-house a 71 year old man as the driver of his car was involved in a head-on collision with another car. On admission to a hospital he was unconscious with a distinct debility for the left side of his body and showed a changing anisocoria. Angiography of the right carotid artery revealed an occlusion. It was suspected that this was the terminal state of a generalized arteriosclerotic occlusion which was considered being the reason for the accident. The autopsy-findings showed, however, a posttraumatic thrombosis (whiplash-trauma of the cervical vertebral column) of the right arteria carotis and of the right arteria vertebralis with thromboembolia in a small pontine artery with an infarct-like ischemic softening. The differentiation from an apoplexia is of importance for the differential diagnosis.     

Massive lesions owing to motorcyclist impact against guardrail posts: analysis of two cases and safety considerations

Two motorcycle riders lost control of their vehicle, fell, and hit a guardrail, which acted as a blade and led to a rapid, fatal outcome. In one case, the high velocity of the body at the time of the impact resulted in complete detachment of the trunk. Reconstruction of the accident dynamics enabled the guardrail post to be identified as the means of injury in both cases. The two accidents occurred over a short period of time, highlighting a dangerous phenomenon that in less severe cases is presumably associated with different degrees of survivor disability. The accidents deserve mention, because a different design of the impact surface of the guardrail post might have prevented the lethal outcome. There is an urgent need for legislators to pass regulations that modify crash barrier homologation criteria, which have been devised primarily for the safety of car passengers but fail to protect motorcyclists.     

Ultrastructure of acute ammonia toxicity in the human lung

A tanker truck carrying anhydrous ammonia (NH3) fell off a freeway, releasing a dense cloud of NH3 gas, killing several people. The driver was dead upon impact. To our knowledge, pulmonary NH3 toxicity in humans has not been studied previously by electron microscopy (EM). Therefore, in two cases, the paraffin-embedded tissue blocks of lung were deparaffinized and reembedded in plastic for 1-mu sections and EM examination. The lung tissue of a third case, the truck driver, was similarly processed as a control. Light-microscopic pulmonary findings in the acute NH3 deaths included denudation of the tracheobronchial epithelium, edema of the lamina propria, and marked alveolar edema, congestion, and hemorrhage. In contrast, in the truck driver's lungs, the bronchial epithelium was intact, and there was no gross odor of NH3. Massive pulmonary hemorrhages in his lungs were attributed to trauma rather than NH3 inhalation. EM examination of the lungs of the truck driver showed no discernible toxic alterations in either the capillary endothelial cells or the Type I or II alveolar epithelial cells, and alveolar and capillary basement membranes were intact. In contrast, EM study of the lungs from two individuals dying acutely of NH3 inhalation showed marked swelling and imbitional edema of Type I alveolar epithelial cells; however, alveolar basement membranes and capillary endothelial cells appeared as usual. These electron-microscopic findings demonstrate the Type I epithelial cell to be the target cell of acute alveolar wall injury in NH3 inhalation.     

Accidental through and through penetrating injury to the neck

We present the case of a 24-year-old driver who died when a metal pole entered the front windshield, traveled through the victim's neck, and then exited via the back windshield. This case illustrated an unusual penetration injury and the importance of a thorough and complete death scene investigation.     

Law defining the critical level of driver fatigue in terms of hours without sleep: Criminal justice professionals' opinions and fatal accident data

The aims of the present study were to determine the support among criminal justice professionals for a law that defines the critical limit of driver fatigue in terms of 24 consecutive hours of wakefulness; and to determine how many drivers causing fatal accidents would be potentially covered by such a law. The data included an online questionnaire data collected from 325 criminal justice professionals (96 prosecutors, 129 traffic police officers, and 100 local police officers with experience in traffic surveillance and accident investigations) and the national database of fatal road accidents studied in depth (N = 1871; 2002–2008). The support for such a law was quite low among prosecutors while police officers were more in favor than against it. Only a handful of the (survived) drivers who caused a fatal accident were awake for more than 24 consecutive hours. We discuss several challenges and considerations associated with such a law.     

Harness racing injuries and deaths. Report of a fatal accident and review of 178 cases

A case of a harness racing accident in which the driver died of head injuries is presented. To evaluate the victim's head injury and corresponding helmet damage, a videotape of the race was reviewed and analyzed. Based on calculations of a simplified trajectory analysis and testing of the helmet, it was determined that the helmet design did not provide adequate protection for the victim. The standards for harness helmet design are being re-evaluated by the harness racing industry to ensure the safety of the drivers. A review of 178 harness racing injuries and deaths, current harness helmet research, and recommendations for safer helmets are discussed. A protocol for the forensic investigation of sports-related injuries and/or deaths is also presented to assist medical examiners in fulfilling their roles as practitioners of preventive medicine.     

Toxicological findings in victims of traumatic deaths.

The toxicological findings from 6037 analyses of viscera obtained from victims of traumatic death are used to correlate the relative incidence of carbon monoxide, ethyl alcohol, narcotics, hypnotics, analgesics, and tranquilizers-antidepressants in deaths occurring under the following circumstances: fire related, asphyxia by hanging, by use of plastic bags, from physical obstruction of trachae, and by drowning; traumatic injury from impact of moving train, fall from height, and occupational accident; traumatic injury to pedestrian, driver, and passenger from vehicular accidents; and from violent death by shooting, stabbing, strangulation, and beating. The influence of alcohol, narcotic drugs, and tranquilizers on carbon monoxide can be seen in some of these traumatic deaths. Ethanol alone and in combination with other drugs was present in 42.3% and 19.5% of driver and pedestrian victims, respectively, of vehicular accidents in the year 1974. Comparative analysis is presented for the toxicological data obtained on victims of homicide (shooting, stabbing, strangulation, and beating) in New York City and similar data reported for victims of homicide in Detroit. In New York City 45.9% of such victims died while under the influence of alcohol or narcotic drugs, or both, with methadone predominating in the latter category. Tissue concentrations of drugs found in victims of traumatic death are presented. Diphenylhydantoin, diazepam, meperidine, and slow-acting barbiturates were found in normal therapeutic levels. Higher concentrations of amitriptyline, chlorpromazine, propoxyphene, short-acting barbiturates, and methadone were observed. The concentration of methadone in blood and brain (0.13 +/- 0.14 mg/100 ml) and in liver (0.53 +/- 0.42 mg/100 ml) in cases of traumatic death are not different from those observed in deaths classified as due to methadone overdose.     

Fatal bicycle accidents--causes and legal responsibility

Ninety-nine bicycle and motorcycle accidents were analyzed that had taken place from 1980 to 1984 in and around Frankfurt on the Main. The postmortem examinations were done in the Center of Forensic Medicine at the University of Frankfurt. Twenty-five percent of the bicycle riders were children up to the age of 15 years and 25% were elderly people over the age of 60. Most of the people involved in motorcycle accidents were between 17 and 24 years of age. The greatest amount of accidents took place in the summer, but in October there was also a peak. On weekdays, Thursday was the day when most of the accidents happened and Sunday showed the least. About 50% of the bicycle accidents happened in the city; 44% of the motorcyclists had lethal accidents on normal roads in the country. The most dangerous situation for bicycle riders was created by fast vehicles following them, but intersections proved to be a danger point, too. Nearly 40% of the motorcycle accidents were not caused by other vehicles. The most frequent cause of death was head injuries (45%), followed by injuries of the internal organs and spine. Many bicycle riders caused the accidents themselves (43.6%). Most of the fatal motorcycle accidents were caused by others (56%). In all of the cases studied, 30% of the participants involved had a relevant blood-alcohol concentration.