Koepke & Hiltabrand, P.C.
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Springfield, Illinois 62704

Telephone: 217-726-8646
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Vehicular Photograph Evidence

In the very recent case of Fronabarger v. Burns, the Illinois Appellate Court admitted photographs of two vehicles involved in a traffic accident into evidence, finding that a jury could determine that such photographs provide evidence of the severity of the plaintiff’s injuries. Fronabarger v. Burns, 2008 Ill. App. LEXIS 976 (5th Dist. 2008). The Court opinion expressly states that “a jury could assess the relationship between the damage to the vehicles and the injury to the plaintiff without an aid of an expert.” Although the Court made it clear that no expert was necessary to explain the correlation between the Plaintiff’s injuries and the damage to Plaintiff’s vehicle, the court allowed expert testimony on the subject. The court determined that a neurologist who examined the plaintiff was qualified as an expert to testify that minimal damage to a plaintiff’s vehicle corresponds to minimal damage to the plaintiff. According to the expert in Fronabarger, the vehicular photographs are significant because the vehicle is the “first place where the force is felt. And if the vehicle doesn’t sustain any evidence of an impact, then it’s not likely that the people in the vehicle are going to have significant evidence of an impact.”

 

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