Do Police Take Photos at Car Accident Scenes?

When police respond to a car accident, many people aren’t sure what to expect. Officers may arrive quickly and start asking questions, but it’s not always clear what they’re documenting, what they’re not, and what you’ll be able to access later. Many people assume that officers will take photos as part of their investigation, but that’s not always the case.

What Do Police Officers Do at an Accident?

The duties of a police officer at an accident scene vary significantly based on the nature of the accident. They may take more or less steps depending on how severe the damage is, how many parties are involved, and whether they suspect a law was violated. These duties might include:

• Conducting traffic control to ensure the safety of themselves, other first responders, the people involved in the accident, and the motoring public
• Interviewing witnesses
• Writing traffic citations
• Conducting field sobriety tests
• Taking photos of the scene (damage to the vehicles, debris on the road, the weather conditions, etc.)
• Taking notes for the police report
• Speaking with other first responders about injuries and vehicle damage
• Assisting the tow company with safely securing and removing the vehicles

When Do the Police Take Photos of a Car Accident?

Police officers will not always take photos of an accident, particularly if the accident was minor. However, the responding officers may be more likely to do so in the following situations:

• A victim of the crash suffered a catastrophic injury (e.g., a brain, spinal, or burn injury)
• The accident led to a fatality
• The accident caused significant damage to other vehicles and/or property
• The accident resulted in a vehicle crashing through a building
• The driver who caused the crash is suspected of being under the influence of drugs or alcohol

Note that even in these situations, there is no guarantee that photos will be taken. Every police department has different policies, and some may put less emphasis on this step.

Can Police Photos Be Used to Support Your Car Accident Claim?

Yes, police photos can be used to support your car accident claim in Virginia. Most often, the photos are added to the police report, which can be accessed by the public, so long as the correct form (Information Request Form (CRD 93)) is completed and the $8 fee is paid to the Virginia DMV via credit card, money order, or check.

You will also need to ensure you are eligible for the report. In order to obtain a crash report, you will either need to be a driver involved in the wreck, a passenger in one of the vehicles, or a person who was injured as a result of the crash (you were a pedestrian, riding a bicycle, etc.).

You can request a report in one of the three ways:

• From the DMV website.
• By Mail or Fax: You can submit a written request or the Information Request Form (CRD 93) along with payment.
• In Person: You can visit any Virginia DMV customer service center.

The police report, with accompanying pictures, will be mailed to the address you provided or can be downloaded online if you chose that option on the form.

Why You Should Still Capture Your Own Photos After an Accident

As mentioned previously, you should never assume that the responding police officers will capture photos of your accident. Even if they do, they might not capture everything pertinent to the crash. It is in your best interest to take your own photos after an accident. Car accident evidence that could prove useful for your claim includes pictures of:

• Damage to your vehicle and all other vehicles involved
• Damage to property (buildings, benches, street signs, traffic lights, etc.)
• Any injuries you or your passenger have
• The debris on the road
• The road conditions
• If street signs or guardrails are missing
• Addresses of homes or businesses in the area
• The automotive insurance cards of everyone involved

To protect your claim, avoid sharing accident photos on social media or with anyone other than your Virginia car accident attorney.

Can You Still File a Claim After an Accident If You Don’t Have Photos?

Yes, you can still file a claim after an accident if you don’t have photos. Photos are not required when filing a car accident claim. However, having photos can make it much easier for you and your attorney to build a strong case against the at-fault party. If you do not have photos, your attorney can seek out other types of car accident evidence to support your case. This may include dash cam footage, traffic camera footage, or security camera footage from local businesses or homes in the area that might have been in the path of the crash.

Your attorney might also find it pertinent to utilize the help of an accident reconstructionist. This professional can examine the actual crash scene, build a diagram of the area, and explain how the accident occurred as part of your case. This is typically done either during a deposition or as witness testimony if the case proceeds to court. An accident reconstructionist does not necessarily need photos to successfully do their job. However, having one or two pictures of the damage or the crash scene can make it easier for them to reconstruct what happened and what led to the crash.

Build a Strong Claim with Help from Huffman & Huffman

The bottom line is that the police can and sometimes do take photos of a car accident, but even when they do, it’s in your best interest to take your own photos. Doing so can help you ensure no crucial details are missed and that you can build the strongest car accident claim possible. If you’ve been hurt in an accident, contact Huffman & Huffman Brothers-in-Law to talk about your next steps.