Motor vehicle accident photo checklist
for lawyer's toolbox.

It is a fact of life that many litigation lawyers, either because of a lack of time or available budget, do not go to the motor vehicle accident intersection scene and take photos with their client as soon as the case starts. Ideally, of course, you yourself go to every accident scene with your client. But – if you can't go to the scene yourself, send your client to the scene with (1) a camera and (2) a checklist of the photos the best investigator would take.

"Standing on or near the road on which you were traveling – standing 200 feet away from the impact point – take a photograph as follows. Point your camera toward the place where the other vehicle was approaching the impact point (the place on the road where the vehicles first hit together."

This above instruction, given to your client driver, usually will improve your client’s testimony on distances. It tends to prevent the mistake so many clients make of not understanding how far they were from the impact when they first saw the adverse vehicle, and what they could see from various distances expressed in feet from impact. (The photo they take also will help you know about obstructions to the drivers’ vision that your client did not mention in your office interview.)

Think how effective this photo will be in your pre-deposition preparation of your client (plaintiff or defendant). You can look at it with your client and prepare him/her to testify what both drivers did three seconds from impact, et cetera. Your client will have a visual reminder of what the scene was like and what the drivers did at various distances from the impact.

But there is something even more important.

You know — you’ve heard it many times in CLE – in a motor vehicle case you should have a comprehensive set of photos of the vehicles involved, the roadway involved , the traffic controls, along with views of what each driver could see as they approached the crash site. Do you always have them? Do you have a checklist to get them? A checklist that you can give your investigator or client, or use yourself?

For a few dollars you get a form that you can reproduce as often as you want. Make it a standard practice – in every motor vehicle scene – to give your client this instructional form/checklist; and have them get photographs for you. (Added bonus: many courts rule that a photo can be a means of communication between attorney and client – thus the photo you asked be taken and then delivered to you may be privileged, and in those jurisdictions you can choose to keep it out of discovery.)

So many benefits of having  a motor vehicle accident photo checklist / instruction form! If you do MVA cases, there is no excuse for not having a photo checklist/instruction form available in your office!