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Steve Lombardi, Attorney

Never think this! Not to worry, the other driver is taking pictures of the bus accident, I don't have to photograph the bus; I'll just look at his later.

Brooks Schuelke, an attorney with Perlmutter & Schuelke wrote A Lesson Learned From A Capital Metro Bus Wreck. I found that post interesting in that someone from the bus company was at the scene shooting photographs of the wreck. Now most non-lawyers don't know the rules of evidence; that's a given. We don't expect you to, but knowing a little bit about the rules of evidence can make your life and lawsuit a little easier.

Let's stand out there with the bus driver's company shooting images. Camera in hand he or she goes click, click and click as they record 100 to 150 images of the bus-car accident from every angle. But did you know you don't get to see those photographs unless they choose to show them to you? Yeah, for real even if a lawsuit is filed few judges will find those photographs are discoverable. You see most judges were defense lawyers before they went on the bench and see the color of the law sort of like all defense lawyers; like rain clouds at a picnic the rules of evidence can rain on your case.

The rule the bus company will use to block you seeing those photographs is the work product privilege. That doctrine says the opposing party isn't entitled to see the evidence a party obtains in anticipation of litigation unless they choose to use it in the lawsuit. Yeah, I'm not kidding you. The theory behind the rule is completely stupid but you'd better know it standing out there with your cell phone camera or other camera while the bus company clicks 100 images of which you'll see maybe 5 of them. So if you have a camera while at an accident scene of bus-car-wreck you'd better be shooting photographs right along side the bus company.

A Lesson Learned From A Capital Metro Bus Wreck from Perlmutter & Schuelke, LLP, Austin Attorneys by Brooks

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death
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