Section 8.10 Automobile Accidents

• Library: Sources of Proof (2014 Ed.)

1. (§8.10) Automobile Accidents

A party could take photographs of the accident scene, including, if possible, the vehicles at their respective points of rest. When the point of impact is at issue, particular emphasis would be given to the existence and location of skid marks, gouge marks, and debris. See, e.g., Williams v. McCoy, 854 S.W.2d 545 (Mo. App. S.D. 1993).

For intersectional collisions, photographs could be taken depicting visibility and the location and extent of obstructions to the vision of the drivers.

Also of interest, depending on the particular facts, are such items as the location and visibility of traffic controls and the nature and extent of damage to the vehicles. Smith v. Missouri Highway & Transportation Commission, 826 S.W.2d 41 (Mo. App. W.D. 1992), arose from a vehicular collision at what the plaintiff contended was a dangerous intersection. Both sides introduced photographs and videos bearing on that issue.

Photographs taken at night in the beam of motorcycle headlights—to show the difficult visibility of a dead-end road—were utilized in Wilson v. Kaufmann, 847 S.W.2d 840, 847–48 (Mo. App. E.D. 1992).

Photographs taken shortly after an accident are usually most effective. Depending on the seriousness of the collision, photographs may be available from police investigators, newspapers, television stations, freelance photographers, or someone with a camera or cell phone who just happened to be in the area. Occasionally, a television station may even have films of an accident scene. Increasingly common are films or videos of collisions from mounted security cameras, police vehicles, or intersectional cameras. More and more private citizens are using dashboard cameras in their vehicles as well.

Even after all evidence of the collision is gone from the scene, photographs and scale drawings will graphically present the physical surroundings. Depending on the particular circumstances, consideration might be given to using aerial photographs (to show, for example, a series of curves) or having a topographical plat drawn to illustrate the grade of the roadway or surrounding area. Google Earth and other web-based sources for satellite images may be used. The ease of obtaining video opens up numerous possibilities for exhibits, including positioning a camera in a vehicle and driving through an accident scene. Evidence of this sort is admissible within the discretion of the trial court if it helps the jury understand the case, Roque v. Kaw...