Did you know that digital photos are not admissible? Are you prepared if you're involved in an accident?

-JJ - Recent Crunch Victim

 

Have a disposable old style camera in each car.

 

Believe me, I feel for you, and you probably really got raked. But this is not nessesaraly a true statement. There are a lot of factors involved. Best to always check with legal counsel before making such an assumption. Since we can't know all the details of your circumstances and your case, all I can say is what happened to you may not, and probably does not apply to others. Every case is unique, as are the laws in each state.

http://www.crime-scene-investigator....ofdigital.html

http://www.dpreview.com/news/0006/00061402veripic.asp

Excert from California Evidence Code:
As an example, California Evidence Code Section 1500.6(a) (Admissibility of Printed Representation of Images Stored on Video or Digital Media to Prove Existence and Content of Image) states a printed representation of an image stored on video or digital media shall be admissible to prove the existence and content of the image stored on the video or digital media. Images stored on video or digital media, or copies of images stored on video or digital media, shall not be rendered inadmissible by the best evidence rule. Printed representation of images stored on video or digital media shall be presumed to be accurate representations of the images that they purport to represent

Can digital evidence be challenged and rejected? Of course. But its not a slam dunk. I shoot RAW and while RAW can be manipulated same as anything else, its much easier to trace the origin. Granted, not everyone can do that. I do agree though, keeping a disposable camera in the car may be the best approach.

 

Damage is about between $1600 - $2100, including a $600 plus for a wheel. Minor fender bender... but being a new car. Yeeouch!

I read State of Washington vs. Eric Hayden, 1995. Interesting. I was a video engineer in the early '80's. The technology existed at that time to take a picture of two people sitting down, switch both people and one would not be able to tell the difference. The studio that had that ability was in Seattle.

The one link that talks about is maintaining a chain of custody, how can an individual do that? I can see it in a corporate environment, but on an individual basis?

I do agree, one needs to check with legal counsel. PS I'm not a lawyer.

-JJ

 

Good idea..probably should have one in the ride, especially since my phone hasnt stepped into the new ages yet(not a camera)

 

As a former fire investigator, I was aware of the "dawning of the digital age". I still have the habit of keeping a digital, 35mm with 4 rolls of film, and always a disposable in my car. (you never know when you'll get some good photos). And I have always kept an accident report form in the car since I got my license in 1972.

 

Boy, am I disappointed. I thought watching CSI on TV was SOOooooo FACTUAL.


Actually maybe, as suggested above, it depends on your state law. I recently witnessed Arizona Highway Patrol using a Nikon Digital at a fatality accident. And also saw several Mesa PD Accident Investigators with digitals.

Also, to answer the thread question.....yes, in a way. I carry a old second generation Kodak digital, frequently.

 

Cell Phone w/ Camera...

Came in handy when my HHR was 2 weeks old and I got hit on my commute home. Car on inside of corner slid in snow and I, being in the outside lane, caught him before he could slide into oncomming traffic. Ugh.

 

I happened to have a digital camera when I backed into an illegally parked car. I took tons of pictures showing no damage but my insurance company didn't want them. I never did find out if they paid anything.

I make certain my cell phone has a good camera in it. That's all I ever carry now. I know I'll always have it with me.

 

i totally agree with not being able to submit digital files, too much you can do in photochop. but being a photographer i see one problem with keeping a film camera in your car, film goes bad. yes it takes a while for it do do this, like a year especially in hot weather. i would reccomend to anyone that keeps a disposable camera in their car to replace it every 6 months because the flash battery could die or the film could go bad. would it not suck if you took a bunch of pics of the accident and the film was bad? disposable cameras are very cheap and i think it is well worth it to replace them every so often to avoid disaster even though i hope no one ever has to use their camera.