Photographic Evidence - Helping mediators and jurors improve their understanding of crash damage

Daniel Vaughan
3 days ago
2 min read

As crash reconstruction experts, we have spent years looking at crashed vehicles after the fact in an attempt to determine how a crash occurred. As time passes, it is easy to begin believing that crash damage speaks for itself.

After reviewing numerous expert reports, I find that experts concentrate on detailing the scientific rationale behind their arguments at the expense of presenting photographic evidence in an easily comprehensible manner. I often wonder if their plan is to save that work for preparing demonstratives for trial.

However, when a report is constructed in a way that equips the layperson to interpret physical evidence from the beginning, it gives your attorney a more effective weapon in one of the most crucial fights in a case: the pre-trial mediation.

Paragraphs and Pictures are not enough

Consider this presentation of crash photos in a case where a truck turned in front of a car that was approaching in the opposite direction.

(Example report section)

Looking at the crash damage on both vehicles, the right front wheel of the car hit the right rear wheel of the pickup. Extensive damage was found on both vehicles. Due to the damage shown to both axles above, the orientation of the vehicles at impact is shown below.

Making photographs speak for themselves

A picture is only worth a thousand words if a jury or mediator understands what is in front of them. The use of embedded text, along with an arrow pointing to a specific area of a picture, serves as the most effective way to do present photographic evidence in a report.

Consider the same case, same photos, this time presented with embedded text on the pictures

(Example section of report, this time with additional information on the pictures)

Photos from the scene show extensive damage to the wheels and axles of both vehicles. The damage indicates that the vehicles were oriented as shown in the scaled drawings below.

In my experience, the most effective use of photos in a report follows three main guidelines:

Photos used for comparison must be on the same page, even if you have to repeat the same photo when comparing it to other pictures.
Arrows must be used to focus a reader on a specific area of the photo, even if you are describing it on the same page.
When possible, interpret the picture on the photo itself. This allows the reader to refer back to the photo and its interpretation quickly.

When I began formatting the reports for Vaughan & Associates, 65% of our plaintiff cases settled without the need for a deposition. One colleague of mine speculates that if you can clearly articulate your arguments in a report, opposing counsel will assume that you can testify well and may choose to avoid the risk.

If you are interested in having us look at your case, give us a call or contact us using the form here.