Taking photos and documenting evidence of the car accident could be very beneficial, especially if there are no witnesses and plaintiff’s and defendant’s stories are both entirely different. But what happens if you fail to take photos of the car accident? Would you lose the case? Below is an article that discusses the advantages of taking photos after an accident, and what could potentially occur if you forget to take photos of the car accident.
Currently, everybody is on their phones and using social media. With the emergence of the smartphone, this has led to many positives and negatives. One of the positives is that after an accident, it is very handy to document photos of the accident. This is to prevent any type of miscommunication or falsifying any stories. After an accident, use your smartphone camera to take photos of the accident. Take photos of the car, the skid marks on the floor, position of traffic signal, the street where the accident occurred, and the injuries of the parties. Try to take as many photos as possible.
When you take photos of the accident scene and of the injuries, you’re able to successfully assert your claim for negligence against defendant. Photos are critical in bringing a claim for personal injuries. Contact our personal injury attorneys as soon as possible after an accident to understand your rights and the advantages your photos could have.
What if I Forgot to Take Pictures of the Car Accident?
If you forgot to take photos of the accident, there are other alternatives that could still help assert your claims for personal injuries against defendant. Other types of evidence that could assist you in making claims against the defendant include:
- Police reports: Police report specify where the accident occurred and the damages that each party suffered. You must retrieve your police report from the police department website. It is usually available after the police officer documents it and puts it in the system, which could take days.
- Witnesses: Witnesses and their testimony regarding the accident could be very beneficial in proving how the accident occurred and who could potentially be at fault.
- Video: Usually, many businesses have video footage to prevent any theft or burglaries. Some businesses also have their cameras facing the street. After the accident, look around for any businesses that may have had cameras and documented the accident.
- Medical reports: Medical reports could assist in improving the injuries suffered from the accident.
How Could a Photograph Help With a Car Accident Claim?
Photographs help document all types of evidence and prevent the other party from falsifying and he claims. For example, if you took pictures of your car after the collision and defendant claims that your car did not have any property damage, you can show the photographs that you took the date of the accident. Photographs can also help in determining how the accident came about. An accident reconstructionist can take a look at the damage done to vehicles to determine the impact end the liable party.
Photographs can also help determine the situation of the roads. For example, if there were a lot of potholes on the roads, if the roads were wet, or if the sun was facing the driver during the time of the accident. Oftentimes, skid marks could show the driver’s direction and suggest their carelessness when coming to a stop.
What Happens if You Forget to Take Photos of the Accident?
If there are no photos taken of the accident, then most likely the insurance company and other party will try to argue against liability since there isn’t much evidence to make them liable. For example, the insurance company will dispute how the accident occurred and argue against causation. It could potentially be a he said-she said argument until one party gives in.
Oftentimes, your insurance company could also consider this lack of documentation and deny your claim if you were to bring one against your insurance company. Your insurance company could claim that the adjuster does not have enough evidence to decide which party was at fault.
What Should I Take Photos of After an Accident?
An accident could result in a traumatic brain injury, which could bring about amnesia. Plaintiff could possibly forget instances and details of the accident a couple days after it occurred. Many also try to forget about the traumatic experience of the car accident. That is why it is very important to document evidence as much as possible. For example, we advise our clients to take photos of the accident scene, damage to all the cars, the weather that day, and the injuries. However, many clients fail to take photos of witness information and witnesses. This is very crucial information that could come in handy during discovery. Another source of information that we advise our clients to take photos of is the police badge and of the officer’s report if possible.
Make sure that your photos have a date stamp to prove when and what time the accident occurred. If you fail to take pictures of the skid marks, you could return on a later date and take those photos.
When is the Best Time to Take Photos After a Car Accident?
We advise our clients that the best time to take photos after an accident is while you’re waiting for the police to arrive. Oftentimes, this could be very difficult to do because parties may require medical care and may be taken to seek medical assistance immediately.
If you are not able to take photos, you could ask witnesses to take photos for you and to send them to you. Further, police officers could also take photos of the scene while documenting their police reports.
Usually, many involved in a car accident ask their family members to go to the scene and document everything. Having as much photos of possible could assist you when bringing a claim against defendant. Having photographic evidence could be a factor that could make or break your case. During the negotiations with the insurance company, these photos will most likely be reviewed to determine the settlement amount and liability.
How an Experienced Team of Car Accident Attorneys Can Help
If you or a loved one have been involved in a car accident, contact our experienced Los Angeles personal injury attorneys today for a consultation. During this consultation, we will sit with you and review the merits of your claim and determine the different damages you could receive as a result of your injuries. If you have not taken photos of the accident, there are several other alternatives and other types of evidence that could assist you in your claim. Contact us today.
***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.