I thought the following was very good information and information I hope none of us ever have to use:
Baldwin & Lyons , The Quill August 2011 issue:
The Value of a Picture
We have all heard that a picture is worth a thousand words. If taken correctly, a picture from the scene of a vehicle collision may also be worth thousands of dollars.
People injured in vehicular collisions have a tendency to try to collect large claim awards from involved parties they perceive to have “deep pockets.” Therefore, when a collision occurs involving a commercial motor vehicle, the commercial driver and the motor carrier that owns or leases the vehicle will often face a lawsuit, regardless of who was at fault.
To reduce losses, your drivers must follow standard procedures to properly handle collisions and preserve evidence. After emergency services have been called to the scene and they have ensured that aid is being rendered to anyone who is injured, drivers should conduct an independent investigation. Photographs are critical to every investigation.
Collision scene photographs provide vital information that is not attainable anywhere else. Photographs document the scene and can be presented to a jury as visual evidence. It is imperative that all of your drivers have a camera with them whenever they are on the road and that they know how to obtain all of the appropriate information in their collision scene photographs. Collision investigators are sometimes unable to get to the scene while the involved vehicles are still present.
Digital cameras can be purchased for relatively little money and many cell phones even have picture-taking capabilities built in. Digital cameras allow more pictures to be taken than film cameras and the photos are available immediately. Disposable or single-use cameras come with their own film, flash and battery, and can be purchased from various retailers. It is best to purchase disposable cameras with 1000 ASA speed film and a flash in case a collision occurs at night. Some disposable cameras offer a panoramic feature, which provides an overall view of the entire collision scene from a closer distance than regular film allows. Keep in mind that film expiration dates vary from 18 months to three years and should be replaced if that date passes before the camera is used.
Digital cameras are less cost-prohibitive than they used to be and disposable cameras can often be bought in bulk. Regardless of the cost up front, money spent on keeping a camera in each of your fleet’s vehicles at all times could save thousands of dollars in legal costs.
In order to collect all necessary evidence, train your drivers on the techniques of proper and effective crash scene photography. Pass these tips onto your drivers as a guide to ensure pertinent information is not missed:
Photograph the entire collision scene from as many vantage points as possible
Traffic control devices
Signals, signs and road markings
Obstructions, with an emphasis on the driver’s perspective
Signs, trees, topography, buildings or other vehicles
The roadway surface
Whether it is rough, smooth, rounded, flat, etc.
Evidence left on the roadway
Tire marks, roadway scratches, gouges, grooves and fixed object damage
Take exact measurements to supplement photographs
Temporary evidence, especially vehicle resting positions
All parts of every vehicle involved in the collision, including undamaged areas
The interior position of adverse vehicles
Light switches, speedometer and gear shift
Spectators, witnesses and their vehicles, including license plate numbers
Evidence of alcohol or drug use in the other vehicle(s), if present
Use a known and standard interval of measurement
Move forward along a line, such as a lane marking on the roadway edge or center stripe
Use an object with a standard length or width, such as a dollar bill, to show a relative comparison of dimensions
Take a series of photographs from the event’s point of origin through the final vehicle positions
Show the drivers’ views of the scene as each vehicle approached the crash area
Take photographs from any witness’ position, detailing what they could or could not see
Do not take pictures of scenes that could negatively impact a jury
Dead bodies, pools of blood, injuries, etc.
One of the best defenses against a lawsuit regarding a vehicle collision is a thoroughly photographed collision scene. Photographs provide a permanent record of evidence and may show details that were not noticed at the scene. Be sure your drivers use the entire roll of film and contact the appropriate company official for additional direction.
For more tips on photographing crash scenes, Baldwin & Lyons is offering a HOW TO CAPTURE FACTS ON FILM pamphlet, free of charge, while supplies last. To order this pamphlet, contact the Loss Prevention Resource Library at 317-636-9800 or email your request to [email protected].
Please refer to the Resource Library for a video training program that shows drivers what to do at the scene of an accident.
Baldwin & Lyons , The Quill August 2011 issue:
The Value of a Picture
We have all heard that a picture is worth a thousand words. If taken correctly, a picture from the scene of a vehicle collision may also be worth thousands of dollars.
People injured in vehicular collisions have a tendency to try to collect large claim awards from involved parties they perceive to have “deep pockets.” Therefore, when a collision occurs involving a commercial motor vehicle, the commercial driver and the motor carrier that owns or leases the vehicle will often face a lawsuit, regardless of who was at fault.
To reduce losses, your drivers must follow standard procedures to properly handle collisions and preserve evidence. After emergency services have been called to the scene and they have ensured that aid is being rendered to anyone who is injured, drivers should conduct an independent investigation. Photographs are critical to every investigation.
Collision scene photographs provide vital information that is not attainable anywhere else. Photographs document the scene and can be presented to a jury as visual evidence. It is imperative that all of your drivers have a camera with them whenever they are on the road and that they know how to obtain all of the appropriate information in their collision scene photographs. Collision investigators are sometimes unable to get to the scene while the involved vehicles are still present.
Digital cameras can be purchased for relatively little money and many cell phones even have picture-taking capabilities built in. Digital cameras allow more pictures to be taken than film cameras and the photos are available immediately. Disposable or single-use cameras come with their own film, flash and battery, and can be purchased from various retailers. It is best to purchase disposable cameras with 1000 ASA speed film and a flash in case a collision occurs at night. Some disposable cameras offer a panoramic feature, which provides an overall view of the entire collision scene from a closer distance than regular film allows. Keep in mind that film expiration dates vary from 18 months to three years and should be replaced if that date passes before the camera is used.
Digital cameras are less cost-prohibitive than they used to be and disposable cameras can often be bought in bulk. Regardless of the cost up front, money spent on keeping a camera in each of your fleet’s vehicles at all times could save thousands of dollars in legal costs.
In order to collect all necessary evidence, train your drivers on the techniques of proper and effective crash scene photography. Pass these tips onto your drivers as a guide to ensure pertinent information is not missed:
Photograph the entire collision scene from as many vantage points as possible
Traffic control devices
Signals, signs and road markings
Obstructions, with an emphasis on the driver’s perspective
Signs, trees, topography, buildings or other vehicles
The roadway surface
Whether it is rough, smooth, rounded, flat, etc.
Evidence left on the roadway
Tire marks, roadway scratches, gouges, grooves and fixed object damage
Take exact measurements to supplement photographs
Temporary evidence, especially vehicle resting positions
All parts of every vehicle involved in the collision, including undamaged areas
The interior position of adverse vehicles
Light switches, speedometer and gear shift
Spectators, witnesses and their vehicles, including license plate numbers
Evidence of alcohol or drug use in the other vehicle(s), if present
Use a known and standard interval of measurement
Move forward along a line, such as a lane marking on the roadway edge or center stripe
Use an object with a standard length or width, such as a dollar bill, to show a relative comparison of dimensions
Take a series of photographs from the event’s point of origin through the final vehicle positions
Show the drivers’ views of the scene as each vehicle approached the crash area
Take photographs from any witness’ position, detailing what they could or could not see
Do not take pictures of scenes that could negatively impact a jury
Dead bodies, pools of blood, injuries, etc.
One of the best defenses against a lawsuit regarding a vehicle collision is a thoroughly photographed collision scene. Photographs provide a permanent record of evidence and may show details that were not noticed at the scene. Be sure your drivers use the entire roll of film and contact the appropriate company official for additional direction.
For more tips on photographing crash scenes, Baldwin & Lyons is offering a HOW TO CAPTURE FACTS ON FILM pamphlet, free of charge, while supplies last. To order this pamphlet, contact the Loss Prevention Resource Library at 317-636-9800 or email your request to [email protected].
Please refer to the Resource Library for a video training program that shows drivers what to do at the scene of an accident.
