(JAGMAN Part G, Sect 0243; MCO P4400.150D; and JAGINST 5890.1)
I. FINDINGS OF FACT
____ 1. The date, time, and exact location of the accident.
"1.
On 25 April 1995 at 2130 a motor vehicle accident occurred at the
intersection of Highway 330 and Highway 73, Ishikawa City, Okinawa, Japan.
Encls ( ), ( ), ( ), and ( )"
____ 2. Complete
identification of all vehicles involved in the accident, i.e. vehicle
identification number, license plate number, model, year, and color.
If military vehicle identify unit to which vehicle is assigned.
"2.
A white 1986 Mitsubishi van (Vehicle #1), body type 0501, serial #289310
USMC, assigned to Truck Company, Headquarters Battalion, 3d Marine Division,
collided with a white Nissan Bluebird (Vehicle #2), Okinawa license number
54Y5269, serial #123A456BC011, a privately owned vehicle. Encls ( ), ( ), ( ),
and ( )"
[BEST ENCLOSURE
SOURCE: Police reports, statements
of individuals, blotters, SF91]
____3.
Identity of driver(s) and owner(s), including name, age, addresses (home
and work), and telephone numbers. For
military members include the following: military
status, rank/grade name, address, location, and Unit Identification Code (UIC).
"3. SSgt I. M.
Lost, age 25, of Headquarters Company, Headquarters and Service Battalion, 3d
Force Service Support Group, 637-2802, unit identification code 29001, on active
duty, was the driver of the government vehicle at the time of the accident.
Encls ( ), ( ), and ( )"
"3. Ms. O. Mygosh,
age 27 driver and registered owner of the Nissan Bluebird resides at 8975B,
Jennings Area, Kadena Air Base, 633-1874. Encls ( ), ( ), and ( )"
[BEST ENCLOSURE
SOURCE: Police reports, statements
of individuals, blotters, SF91]
____4.
Driver's license data on all drivers and driving experience both
generally and in the type of vehicle being driven, including the state which
licensed the driver(s) and any previous loss of driving privileges and
driving-related convictions (e.g., reckless driving, drunk driving, driving
without insurance.)
"4.
SSgt Lost's license number is P-1234-95 and he has 9 years total driving
experience with 3 years experience in vehicle #1.
Encls ( ), ( ), and ( )"
"4.
Ms. Mygosh's license number is 97881946981 and she has 10 years total
driving experience. Encls ( ), ( ), and ( )."
[BEST ENCLOSURE
SOURCE: Police reports, SF91,
statement of individuals]
____5.
Complete identification of the insurers of all drivers and owners of
vehicles involved (to include policy numbers, name, address of insurance
company, agent, and phone number of agent).
"5.
Vehicle #1 is insured by the U.S. Marine Corps; Vehicle #2 is insured by
Cigna, policy number AE029-33899, 1040 Okinawa Way, Ginowan, Okinawa, 897-8423.
Encls ( ), ( ), and ( )"
____6.
Complete identification and addresses of all passengers in vehicles
involved, to include rank and armed force component (if applicable).
"6.
Corporal Make M. Pay, U.S. Marine Corps, Headquarters Company,
Headquarters and Service Battalion, 3d Force Service Support Group, was a
passenger in vehicle #1. There were
no passengers in vehicle #2. Encls
( ), ( ), and ( )"
[BEST ENCLOSURE
SOURCE: Police reports, SF91,
statement of individuals]
____7.
Conduct of the passengers and the effect, if any, upon the driver.
"7.
Corporal Pay's conduct did not affect the driver.
Encls ( ) and ( )"
[BEST ENCLOSURE
SOURCE: Statement of individuals,
IO statement]
____8.
Any knowledge of driver impairment known to any passenger before
entering the vehicle, including sobriety, fatigue, exhaustion, and the effect of
their physical condition on the accident.
"8. Corporal Pay
has no knowledge of driver impairment or fatigue. Encl ( )"
[BEST ENCLOSURE
SOURCE: Statement of individuals]
____9.
A finding identifying whether safety devices were installed and whether
they were being used at the time of the accident.
"9.
Safety devices were installed in both vehicles and being used by both
drivers and their passengers at the time of the accident. Encls ( ), ( ), and (
)"
[BEST ENCLOSURE
SOURCE: Police reports, SF91]
____10.
Complete identification and mailing addresses of all witnesses to the
accident and whether or not a statement was requested and obtained from each of
them.
"10.
Mr. Isaw Everything of 2974 Naha Court, Naha, Okinawa witnessed the
accident. A statement was requested
and obtained from the witness. Encls
( ), ( ), and ( )"
[BEST ENCLOSURE
SOURCE: Police reports, statement
of individuals]
____11.
Description of the road, and road conditions (e.g., holes, obstructions,
smooth pavement, gravel, etc.)
"11.
The road was a smooth blacktop surface with no holes or other
obstructions. Encls ( ) and (
)"
____12.
Complete description of traffic conditions, the prevailing light and
weather conditions and their effect on the accident.
"12.
At the time of the accident traffic conditions were light, it was dark,
clear, and dry. Encls ( ), ( ), and ( )"
[BEST ENCLOSURE
SOURCE: Police reports, SF91,
statement of individuals]
____13.
A COMPLETE description of the driver and the vehicle immediately prior to
the accident, including the following:
a.
The number of lanes in each direction of travel;
b.
The direction of travel of each vehicle and its position in relation to the
point where the accident occurred;
c.
Identification of the traffic lane each vehicle was traveling in;
d.
The speed of each vehicle and posted speed limit;
e.
A statement concerning each driver's actions at the time the danger was
recognized. If the danger was not
recognized by the driver, then so state;
f.
A statement concerning each driver's ability to control his vehicle (if known);
g.
A description of the results of the driver's actions;
h.
The speed of vehicles just prior to impact; and
i.
The speed of the vehicles at impact.
(NOTE: THESE FINDINGS CAN
BE COMBINED IN THE FINDINGS OF FACT VICE LISTING A SEPARATE FINDING FOR EACH)
"13.
The accident occurred on a four lane highway with vehicle #1 traveling
south in the right lane and vehicle #2 traveling north in the right lane.
Encls ( ), ( ), and ( )"
"14.
The posted speed limit is 50 KPH; vehicle #1 was traveling 45 KPH while
vehicle #2 was traveling at 50 KPH. Encls
( ), ( ), and ( )"
"15.
SSgt Lost immediately applied his brakes and steered left at the first
sign of danger, causing vehicle #1 to crossover into the left lane going south,
at which time SSgt Lost came to a complete stop.
Encls ( ), ( ), and ( )"
"16.
Vehicle #2, crossed the center line and came to a complete stop with the
front of the vehicle facing the west. Encls
( ), ( ), and ( )"
"17.
The speed of the vehicles at impact could not be determined.
Encls ( ), ( ), and ( )"
[BEST ENCLOSURE
SOURCE: Police reports, SF91,
statement of individuals/witnesses/passengers]
____14.
COMPLETE description of why,
how and where the impact occurred on the vehicle(s).
"14.
SSgt Lost was looking at his watch just prior to impact; as he looked
back to the road his vehicle had drifted into the northbound lane.
Encls ( ), ( ), and ( )"
"14.
As SSgt Lost hit the brakes, the front right bumper of vehicle #1 (the
vehicle that he was operating) hit the front right bumper and fender of vehicle
#2. Encls ( ), ( ), and ( )"
_____15.
If ascertainable, a description of the mechanical condition of the
vehicle(s) prior to the accident. If
unknown make the following statement:
"15.
The mechanical condition of the vehicle prior to the accident could not
be determined, but the evidence does/does not suggest that mechanical defects
were a contributing factor to the accident.
Encls ( ), ( ), and ( )"
[BEST
ENCLOSURE SOURCE: Police reports,
Motor transport maintenance records, SF91, Trip ticket]
____16.
A statement as to whether the accident was investigated by civilian or
military authorities.
"16.
The accident was investigated by Camp Foster military police, the
investigator was Sgt M. P. Jones of Headquarters Company, Headquarters
Battalion, Marine Corps Base, Camp Butler.
Encls ( ), ( ), and ( )"
____17.
COMPLETE description of all damage to vehicles and property.
"17.
Vehicle #1 sustained damage to the front bumper, grill area and the right
front tire, while vehicle #2 sustained damage to its right front bumper.
Encls ( ), ( ), and ( )"
"17.
There was no other damage to property.
Encls ( ), ( ), and ( )"
(NOTE:
WHEN GOVERNMENT VEHICLE IS INVOLVED THE FOLLOWING ADDITIONAL INFORMATION
SHOULD BE INCLUDED)
____19.
A finding as to whether damage was caused by a violation of any orders or
instructions regarding the use of government vehicles.
"19.
SSgt Lost violated the 3d Marine Division Motor Transport SOP, by not
using a ground guide while backing his vehicle.
Encls ( ), ( ), and ( )"
[BEST
ENCLOSURE SOURCE: Excerpts of SOP,
Statement of MTO, IO statement]
____20.
A finding as to whether the driver was on official
government business, a detailed
explanation of nature of business, who dispatched vehicle, any briefing
given to the driver, departure time, place, and destination.
"20.
SSgt Lost was dispatched from the Truck Company motor pool, on official
business, by SSgt J. T. Wrench, at 0730, to transport Cpl Pay to the disbursing
office on Camp Foster. Encls ( )
and ( )"
[BEST
ENCLOSURE SOURCE: Police reports,
Trip ticket, statement of MTO/individual]
____21.
Statement of replacement cost of government property.
"21.
The replacement cost for the government vehicle is $19,500.
Encls ( ), ( ), and ( )"
[BEST
ENCLOSURE SOURCE: CMR records, LTI,
MTO statement]
____22.
A finding concerning the disposition or repair to the government vehicle.
"22.
The cost to repair the government vehicle does not exceed the 65% of
replacement cost for a one time repair. Encls
( ) and ( )"
"22.
As of 12 Oct 95, the government vehicle has not been released for repair
pending the outcome of this investigation.
Encls ( ) and ( )"
____23.
A finding as to whether any person involved violated any state or Federal
statue, local ordinance, or installation regulation, and if so, how.
The statute, ordinance, or regulation must be set out in full.
"23.
SSgt Lost was cited by military police for driving too fast for
conditions, ticket #10855717, a violation of Marine Corps Forces of Japan Order
11240.1B dated 11 October 1994. Encls ( ), ( ), and ( )"
____24.
In addition to the above requirements, the investigating officer must
ensure that a complete description of
the circumstances surrounding the incident is provided.
(NOTE:
THIS COULD BE ANY NUMBER OF FACTS TO GIVE A COMPLETE WORD PICTURE OF THE
ACCIDENT)
(ADDITIONAL FINDINGS WHERE ALCOHOL OR DRUGS ARE INVOLVED)
(CUT AND PASTE FROM THE INJURY/DEATH CHECKLIST)
(NOTE:
IF ALCOHOL/DRUGS WERE NOT INVOLVED INCLUDE AS A FINDING OF FACT)
(ADDITIONAL FINDINGS WHEN CLAIMS ARE INVOLVED)
____1.
Nature of claim (e.g. wrongful death, personal injuries, property damage)
if claim has already been submitted.
"1.
Ms. O. Mygosh submitted a property damage claim in the amount of 245,000
yen to Marine Corps Base, Staff Judge Advocate's Office on 25 August 1995.
Encls ( ), ( ), ( ), and (
)"
[BEST
ENCLOSURE SOURCE: Appointing ltr from MCB, SJA Claims Section, copy of claims
documents, IO statement]
____2.
Amount of medical, dental, and hospital expenses incurred, supported by
itemized bills or receipts for payment.
____3.
The nature and extent of treatment, e.g., number of days hospitalized,
name and address of all treating hospitals and medical facilities, the name(s)
and addresses of all treating physicians or other care givers, extent and nature
of all follow-on or outpatient care.
____4.
Prognosis, degree of disability, if any, diminished earning capacity, if
any; and necessity for future treatment and estimated costs, if any.
____5.
Salary/Earnings lost due to time lost from work (e.g., actual number of
work days lost, estimated compensation for that period based on hourly
wage/salary), indicate full time, part time, or self-employed.
If stray animal was involved, whether the jurisdiction has an "open
range" law (attach a copy as an enclosure)
____7.
If an individual died as a result of the incident under investigation and
the estate or survivors may file a claim against the Government, consult with a
judge advocate regarding the wrongful death or survival statute applicable in
the jurisdiction where the harm occurred. Time
of death relative to the injury, intervening treatment and state of
consciousness, cause of death as established by autopsy, pre-existing medical
conditions, age, occupation, burial expenses, and heirs must be documented.
II.
OPINIONS
____1.
An opinion concerning any negligence or fault of the motor vehicle
operator.
"1.
The government driver was negligent, due to inattentive
driving. (F/F 4, 8, 9,
10)"
____2.
An opinion concerning the probability of a claim against the government
as a result of
the accident.
"2.
There is a high probability of a claim from Ms. O. Mygosh/A claim has
been filed by Ms. O. Mygosh for damages to her vehicle.
(F/F 13, 14, 17)"
____3.
If the accident involved a government vehicle, an opinion concerning
whether the federal operator (military or civilian) was operating within the
scope of his employment.
"3.
SSgt Lost was operating the government vehicle within the scope of his
employment at the time of the accident. (F/F
3, 20)"
____4.
An opinion as to whether the government should institute a claim against
any third parties.
"4.
The government should not institute a claim against any third parties.
(F/F 6, 10, 15, 16)"
____5.
An opinion as to who was responsible for the accident.
"5.
SSgt Lost was responsible for the accident.
(F/F 13, 14, 17)"
____6.
An opinion as to the probable cause of the accident.
"6.
The accident occurred as a result of SSgt Lost's losing control of his
vehicle due to driving too fast for conditions.
(F/F 13, 14, 17)"
____7.
An opinion as to whether damaged government property is economically
repairable (if repair costs exceed 65% of replacement cost the property is not
economically repairable).
"7.
The government vehicle is economically repairable.
(F/F 18, 21)"
____8. An opinion as
to whether weather, road conditions, alcohol or drugs were contributing factors
to the accident.
"8.
There were no additional contributing factors to the accident.
(F/F 12, 16, 18, 19)"
____9.
Any other opinion which might be relevant or might assist the reviewing
authorities.
(MUST BE SUPPORTED BY FINDINGS OF
FACT)
III.
RECOMMENDATIONS
____1.
A recommendation concerning the responsibility of the motor vehicle
operator for the cost of repairing any damage to government property.
"1.
SSgt Lost should not be held financially responsible for the damage to
the government vehicle."
____2.
A recommendation concerning whether the government should pursue a claim
against any third parties.
"2.
The government should not pursue a claim against any third parties."
____3.
A recommendation as to the disposition of the damaged government vehicle
(repair or drop from rolls).
"3.
The government vehicle should be repaired.
____4.
A recommendation concerning appropriate disciplinary/ administrative
action, if warranted. No specific
recommendations will be made.
"4.
SSgt Lost should receive appropriate administrative
action."
____5.
If the potential for a claim against the government exist then a
recommendation as to the
disposition of the claim.
"5.
Any claim submitted by Ms. O. Mygosh for damages to her vehicle, as a result of
the accident, should receive favorable consideration."
____6.
If relevant a recommendation on matters of safety procedures.
"6.
All government drivers should be required to attend an annual safe
driving refresher course."
____7.
Any other recommendation that might be relevant and that might assist the
reviewing authorities.