Greg Nickels, Mayor  SEATTLE POLICE DEPARTMENT R. Gil Kerlikowske, Chief of Police

December 6, 2006

Statement on Pedestrian Safety
by Assistant Chief Harry Bailey

Recently there have been a number of fatal car/ pedestrian accidents that have garnered much press coverage. A recent letter to the Editor in the PI last week, ("Drivers Should Have Been Cited for Breaking Law") makes it clear that there is concern among the general public, who assume that all individuals are (or should be) automatically arrested in these types of collisions. As the Chief responsible for supervising our traffic section, I thought the following information would be helpful to our citizens.

It is the policy of the Seattle Police Department to mandate the arrest of a driver who hits a pedestrian in two circumstances:

1. 1) When the driver is DUI or suspected to be impaired by drugs.
2. 2) Hit and Run

In most all other cases, the investigator, prior to arrest and charges being filed, must establish probable cause. There are two possible felony charges related to car/pedestrian collisions, vehicular assault and vehicular homicide. In order to charge for either of these crimes, the evidence must show that there was substantial bodily injury or death, and that the driver was driving while under the influence of alcohol or drugs and/or driving recklessly. Reckless driving can be established by showing the driver was going significantly above the speed limit and/or other factors that can be supported through physical evidence or witness statements. To develop probable cause the case detective must take the following steps:

• Interview witnesses,
• Wait for and analyze medical reports, which determine the nature and extent of injury,
• Wait for and analyze toxicology reports which prove alcohol or drug impairment,
• Analyze crash data and evidence collected at the scene.

The crash data analysis and accident reconstruction establishes and proves the speed of the vehicle. The speed must be determined to prove or disprove recklessness. If any or all of the above factors are proven, the prosecutor reviews the case and the driver is criminally charged. This process generally takes several weeks. Because of the complexity of these investigations, probable cause is difficult to determine at the time of the incident unless there are obvious factors such as drug or alcohol impairment. In all other cases, evidence that supports these factors must be obtained during the follow-up investigation.

In the case where the investigation shows no DUI or reckless driving, the driver may still be charged with misdemeanor assault. Most often this occurs when the evidence shows there was negligence on the part of the driver, but not to the extent that would support a felony charge.

In some cases, the driver is simply found to not be at fault and no charges can be filed. In these cases the evidence shows that the driver was driving at legal and safe speeds and exercising due caution while the pedestrian was not crossing the street legally, and the driver was unable to avoid the collision. These incidents are tragic, but no criminal liability can be established on the part of the driver.

The Seattle Police Department carefully investigates all collisions that result in death or serious injury. There is a process in place to ensure that these investigations are thorough and that the resulting recommendations of the case detectives are based upon clear, concise and careful investigation.

Assistant Chief Harry Bailey,
Seattle Police Department