The success of auto accident and wrongful death cases depend upon persuasive evidence. In 1927, Fred Barnard pointed out that “a picture is worth ten thousand words.” This is very true in accident lawsuits. Good accident photographs:
- Persuade judges, juries, and insurance companies
- Increase your likelihood of winning
- Increase the money value of your case
- Help to organize trial presentations
- Bolster witness credibility
- Make your story more memorable
- Discredit false evidence and testimony
The Mistake of Reliance on Camera Phones
It is now common for people to rely upon cellular “smart” phones with cameras. However, these camera phones have major limitations. Their largest limitation is the lens. This is why the best accident lawyers use DLSR cameras with multiple, high quality lenses. Better cameras with better lenses produce better photographs and superior results.
Lens Choice for Focusing attention
Camera lens choice for an accident scene investigation is critical to photographic success. Some lenses compress an image, making objects in the distance appear closer. Other camera lenses pull the light, making objects appear further away. When investigating, say a wrongful death accident scene, it is important to think through in advance what you want your audience to focus upon. Lens choice plays an important role here.
Lens Choice and Evidence Admissibility
An experienced trial attorney will always keep in mind the admissibility of any accident evidence he gathers. Remember, you may have a great witness statement, or video, or photograph, but it is meaningless if a court refuses to admit the evidence. Camera lens choice is important here. To admit a photograph, the accident lawyer should prepare to show the photograph is:
- Accurate
- Relevant
- Probative, meaning it tends to prove or disprove an element of the case
- Enables the judge or jury to better understand the facts
- Corroborates Testimony
- Fairly represents what it depicts
State v. Jaco, 156 S.W.3d 775, 778 (Mo. banc 2005)
Lens use can distort images. If the lens distortion creates a photograph that is inaccurate, the court may and perhaps should exclude it from the evidence. Courts have found that photographs what are confusing or misleading should be rejected. Jordan v. Abernathy, 845 S.W.2d 86, 88 (Mo.App. Page 779 1993); Bellistri v. City of St. Louis, 671 S.W.2d 405, 407 (Mo.App. 1984). Therefore, when choosing a lens, make sure your result accurately depicts what you wish to show.
Lens Choice on Credibility
Credibility is key to courtroom success. Your photographic evidence should bolster, not harm your credibility. Therefore, always be mindful that your lens choice does not create a photograph that can be challenged as distorted. What the video above for recommendations on what lenses to take, and choose for your particulra accident scene.