When a motor vehicle accident occurs, there will invariably be physical damage to the motor vehicles. It is common for the cars involved in an accident to be photographed at the scene of the accident. Such photographs are often helpful in demonstrating the severity of the collision at trial. However, the photographs are not automatically admissible at trial to prove injuries or damages. Illinois Appellate Courts have wrestled with this question for years, and the Illinois Supreme Court has yet to clearly resolve the dispute.
Formerly, photographs depicting damage to a vehicle were admitted into evidence as long as the attorney laid the proper foundation. In Cancio, the Court found that although photographs of the plaintiff’s vehicle revealed little damage, they were relevant and helpful for the jury to consider in determining the extent of the plaintiff’s injuries. Cancio v. White, 697 N.E.2d 749 (1st Dist. 1998). In DiCosola, the Illinois Appellate Court ruled that the trial court had the discretion to keep photographs out of evidence, especially without the use of expert testimony. DiCosola v. Bowman, 794 N.E.2d 875 (1st Dist. 2003).
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