I Forgot to Take Pictures of the Car Accident

Taking photos and documenting evidence of a car accident can be crucial in supporting your claim, particularly when witness accounts are conflicting. Photographic evidence is often used in personal injury and Car Accident cases to establish liability and damages. 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 falsification of any stories. After an accident, use your smartphone camera to document key details, including:

• Vehicle damage from multiple angles
• Skid marks on the road
• Traffic signals and signage at the scene
• The street location and surroundings
• Visible injuries sustained by all parties involved

Capture detailed images from multiple angles to ensure no crucial evidence is missed.

When you take photos of the accident scene and of the injuries, you’re able to successfully assert your claim for negligence against the defendant. Photos are critical in bringing a claim for personal injuries. If you need assistance with your claim, our experienced car accident attorneys can help you navigate the legal process and maximize your compensation. During a consultation, we will evaluate your evidence, including any available photos, and discuss legal options tailored to your case.

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 the defendant. Other types of evidence that could assist you in making claims against the defendant include:

• Police reports: Police reports 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 their claims. For example, if you took pictures of your car after the collision and the defendant claims that your car did not have any property damage, you can show the photographs that you took on 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?

While photographs are valuable evidence, cases can still be won without them. If there are no photos, insurance companies may try to dispute liability, but you can still strengthen your claim through:

• Official police reports documenting accident details
• Witness testimony supporting your version of events
• Surveillance footage from nearby businesses or traffic cameras
• Medical records proving injuries sustained from the collision

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.

Ensure your photos have a date and timestamp for credibility. However, be mindful of privacy laws avoid taking photos that could be considered intrusive, such as recording individuals without their consent in areas where privacy is expected. Additionally, do not alter or edit photos, as this could be seen as evidence tampering. 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 many photos as possible can strengthen your claim against the 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.

Frequently Asked Questions

What if I was too injured to take photos at the accident scene?

If you were too injured to take photos, you can ask a bystander, witness, or even a police officer to document the scene for you. Additionally, surveillance cameras from nearby businesses or traffic lights may have recorded the accident, which can serve as valuable evidence. You can also return to the scene later (if safe) to take pictures of road conditions, skid marks, or other lasting evidence.

Can I still file a claim if I don’t have any photos of the accident?

Yes, you can still file a claim even if you don’t have photos, but other types of evidence will be crucial. Police reports, witness statements, medical records, and surveillance footage can help support your version of events. While photos strengthen your claim, they are not the only form of evidence that can prove fault and damages.

What are the most important things to photograph after a car accident?

You should photograph vehicle damage, the accident scene (including traffic signals, road signs, and weather conditions), and any visible injuries. If possible, take pictures of skid marks, license plates, and debris on the road, as they can help reconstruct how the accident happened. It’s also helpful to document the other driver’s insurance details, license, and any witnesses at the scene.

Will my claim be denied if I don’t have time-stamped photos?

Not necessarily, but time-stamped photos provide stronger evidence of when and where the accident occurred. If your photos don’t have a time stamp, other evidence such as police reports, phone metadata, or surveillance footage can help establish the timeline. However, enabling time stamps on your camera settings can make your photos more credible in a legal dispute.

Is it legal to take photos of the accident scene if the police are present?

Yes, you are legally allowed to take photos of the accident scene, but you should do so without interfering with law enforcement. Officers may take their own photos for the police report, and you can request a copy of this documentation later. Be respectful of privacy concerns and avoid photographing individuals without consent in non-public areas.

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.