Litigation Support

Combating Biased Evidence / Images

By Blake Boyd

The use of photographic evidence is always the best way to prove your point, if you have the correct photo. Experienced photographers use different angles to make subject’s sizes, proportions and distances look different then they really are.

This photograph was produced by opposing counsel. The question in this lawsuit was: If the machine was using the full shoulder, would it have prevented a head on collision by a passing car and incoming truck? This photograph was taken by the opposing expert, and we knew they would rely on this picture to show that it would have never made a difference.

What do you think? How much space is available? A foot left on the shoulder? Three feet to the middle line?

You might be surprised… It took 4 of us studying the CAD drawing that was produced (so complicated a average juror would not be able to discern), to realize that there is much more space than the picture depicts.

We explained the distances in a 3 step process. First showing all 3 distances (shoulder, to middle, point of impact) then using a easel and pad to hand write the distances if the machine had traveled on the shoulder.

I think it even surprised opposing counsel, and I know for sure it was eye opening to the jury. The photos had been shown over and over before actually showing the pictures with a graphic overlay. We had talked about the numbers, looked at the numbers, even created a drawing with the numbers, but nothing compares to actually seeing them in a reconstruction photograph.

Always be sure to study your main photographic evidence. In situations such as this, a photograph could be used against you unjustly. If the pictures would have never been showed with numbers overlayed, the jury might have never been able to comprehend the point. And the point is: If the machine would have used the entire shoulder there would have been almost 9′ for the person to pass (without having to travel into the oncoming traffics lane).

A couple more photographs we added overlays to:

Full post as published by The Trial Technologist's View on August 25, 2008 (boomark / email).