Misc Pub 27-8 Legal Handbook Commander’s 2019

F. Legal Accident Investigation (Legal Investigation)

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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17

G. Priority And Sharing Of Information (Para. 3-24 thru 3-27)
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F. Legal Accident Investigation (Legal Investigation)
(Para. 3-10)
These investigations are formerly known as the collateral investigation.
Used to obtain and preserve all available evidence for use in litigation, claims, disciplinary action, or adverse administrative action. Such investigations are often conducted simultaneously but independently of the accident safety investigation. They are essential to protect the privileged information of safety reports as they ensure an alternate source of information.
Legal Accident Investigations are required for all Class A accidents, to include cases of friendly fire, as directed by the SJA IAW the claims regulation (AR 27-20); on accidents where there is a potential claim or litigation for or against the government or government contractor or on accidents with a high degree of public interest or anticipated disciplinary or adverse administrative action against any individual.
Commanders may direct a legal investigation into any other accident. The investigation should use AR 27-20 procedures, if applicable. If not, AR 15-6 administrative investigation procedures should be used.
G. Priority And Sharing Of Information (Para. 3-24 thru
3-27)
The safety investigation has priority (collection of evidence/access to scene) over the legal investigation and all other investigations except a criminal investigation conducted by military police investigators (MPI) or Criminal Investigation Division (CID. The safety investigation may obtain all information collected by the legal or criminal investigation. Safety Accident Investigation Reports will not be enclosed in any other report unless the sole purpose of the report
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121
is accident prevention. Only factual information maybe possibly obtained by the legal (AR
15-6) investigation from the safety investigation.
Information that will not be given to the collateral investigation include (punitive witness summaries taken by safety board members under a promise of confidentiality preliminary or final, findings, analysis, and recommendations voice recordings of intra-cockpit communications without Cdr, US. Army Combat Readiness/Safety Center authorization. See AR 385-10, para. 3-28 fora complete list of what information can be shared by the safety board.

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