Tips For Taking Accident Scene Photos For Claims (2025)

Elements of a Car Accident Case

The elements you must prove after a car accident depend on your state’s insurance system and the severity of your injuries. For example, to recover compensation in a no-fault state for minor injuries, claimants only need to prove that their injuries resulted from auto accidents. Thus, the key issue in these states is causation.

In no-fault states where you meet the serious injury threshold—as well as in fault-based states—you must prove the other driver was at fault for your injuries. In many cases, this means you will show the other driver acted negligently in causing your crash.

Negligence means the driver failed to exercise the level of care expected of a reasonably prudent and cautious driver in the same situation. For instance, you may be entitled to injury compensation in the following negligence examples:

• The driver tailgated you and caused a rear-end collision when you braked
• The driver lost control of their vehicle due to speeding on slick roads
• The driver failed to yield at a traffic light and turned in front of your car
• The driver changed lanes without looking and sideswiped you

In addition to proving liability, you must also prove your losses. After a car accident, you may have losses from property damage and bodily injuries. Your losses relate directly to the severity of the damage and injuries caused by the crash.

Photographs to Take After a Car Accident

Generally, any photographs that illustrate your accident or the injuries it caused can help your case. Some examples of useful photos include the following:

Liability

Photographs you take that illustrate the conditions at the scene can provide evidence of how the accident happened. Some examples include:

• The location of the collision
• The angle of the vehicles
• The lighting at the crash site
• The signs or signals at the scene
• Road and weather conditions, such as any surface water or debris
• View obstructions

In many states, the other driver can reduce or eliminate their liability by shifting the blame to you. In states that use contributory negligence, any blame that falls on you absolves the other driver of all liability, even if you were only 1% at fault.

In states that use comparative negligence, the blame that falls on you will typically reduce the other driver’s liability. For example, if you are 10% at fault, the other driver is only responsible for 90% of your losses.

This makes it essential to take photos from your side of the crash. Make sure to show the conditions you encountered and the actions you took. You might take a picture of any skid marks if you tried to brake to avoid the collision, for instance.

Injuries

The nature and severity of your injuries will determine the financial losses you suffered. More severe injuries usually require more expensive medical care and longer physical therapy. The severity of your injuries also relates to the pain and suffering you experienced.

Your primary evidence for your injuries typically includes your medical records. However, pictures can also be valuable, particularly for a jury that might get lost hearing medical and scientific terms. Consider taking photos of your injuries, including bruises, lacerations, bumps, swelling and other physical symptoms they caused.

Property Losses

Your property losses might comprise a significant portion of your claim. Take photos showing the damage to your vehicle. Make sure the images illustrate both the cosmetic and functional damage. If your collision includes a frontal impact, for example, take photos of the broken lights and bumper, as well as your leaking radiator and broken fan.

Using Photographs to Prove Your Case

Photographs are not always necessary. A lawyer can prove your case without photos if you were unable to take pictures because of your injuries or the shock of the accident. Moreover, the investigating officers may include images in the accident report, or the other driver might take photos at the scene.

If you did take photos, you’ll want to provide them to your injury lawyer. They can review them to ensure they illustrate relevant issues in your case and submit them to the insurance company with your claim.

The insurer may investigate your claim using photos, written statements and crash reports. The insurance company might also inspect your car. Based on this information, the insurer will either accept or deny your claim. Your attorney can negotiate a settlement after the insurer accepts your claim.

If the insurer denies your claim, your lawyer may recommend filing a lawsuit. You can use photos in court if they meet the criteria in the state’s evidence rules. For instance, in New York, a photograph is admissible if it is relevant and you authenticate it as a fair and accurate representation.

Importantly, the photographer does not need to testify because you can authenticate a photo taken by someone else, like a police officer. Moreover, it does not matter whether the image is digital as long as you authenticate it as not manipulated or edited.

Contact ConsumerShield to Learn More About Accident Scene Photography

Accident scene photographs can be a vital tool to support your lawyer’s efforts in proving what happened during and after your car accident. At ConsumerShield, we can help you understand the requirements of an insurance claim and how to find a lawyer to represent you. Contact us for a free case review and injury attorney referral today.