Haw. Code R. § 19-125-8 - Accident investigation
(a) Each county
police department shall establish procedures for the investigating, recording,
and reporting of traffic accidents. The procedures shall require the
investigation, recording, and reporting of:
(1) All of the human, vehicular, and highway
causative factors of individual accidents, injuries, and deaths, including the
failure to use safety belts;
(2)
All accidents identified as reportable under section
291C-16,
Hawaii Revised statutes. Information gathered shall be consistent with the
police mission of detecting and apprehending law violators and shall include,
but not be limited to the following:
(A)
Violation, if any occurred, cited by section, subsection, or title of the state
or county code, that:
(i) contributed to the
accident where the investigating officer has reason to believe that violations
were committed regardless of whether the officer has sufficient evidence to
prove the violation; and
(ii) For
which the driver was arrested or cited.
(B) Information necessary to prove each of
the elements of the offense for which the driver was arrested or
cited.
(3) The efficiency
of post-accident response.
(b) All accident reports submitted to the
Department ,of Transportation by the county police departments in accordance
with section 19-126-4, shall be for confidential use by the department and
other state or federal agencies involved in accident prevention programs. No
report shall be used for evidence in any trial, civil or criminal, to recover
damages for parties involved in an accident.
Notes
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