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It was a dark and
windy night… Would the oncoming motorist see the granite
boulder in the middle of the lane ahead in time to avoid it? If
the person descending the dimly lit stairway had simply looked
down, could he have distinguished the bottom step from the
landing? Had the motorist been using high beams, would he have
seen the horse in the unlit roadway? Could the locomotive
engineer have seen the darkly clad pedestrian walking between
the rails in the curve ahead in time to stop the train? These
and many similar circumstances arise in our forensic assignments
where accident avoidability in hours of low light or
darkness is at issue. Reconstructions and evaluations of the
adequacy of lighting and visibility and objective determinations
of avoidability can be effectively communicated to the
trier of fact by nighttime photography.

Boulder in roadway.
Additional nighttime photographs available below.
Click on thumbnail to see larger image.

Tractor backing into driveway. |

Pedestrian path to sidewalk. |

Tractor flatbed trailer entering intersection. |
The goal of photography at night
is to provide a fair and accurate photographic representation of the scene
of an accident from the vantage point of eyewitnesses or the parties
involved. The range of possibilities include, but are not limited to,
evaluation of accuracy of sworn testimony or witness statements, and
depiction of the scene had proper lighting existed at the time of the
accident. Since 1992 we have been retained on over one hundred cases
involving photography of low light and nighttime accident scenes.
Preparation-
To properly photograph the accident scene consideration is given to all
light sources existing on the date and time of the incident. The location
and functionality of artificial sources is investigated, to include any
possible changes in light fixtures or lamps since the time of the accident.
Outdoor scenes also require research to determine sun position below the
horizon and the moon phase and location if above the horizon at the time of
the accident. If natural light is to be considered, then weather
conditions that could affect intensity of natural lighting is also
researched and evaluated. Other physical changes since the time of the
accident should be evaluated, including roadway resurfacing, changes of
signage, or other roadside or accident scene features. Where vehicle
headlighting is involved, utilizing the same make and model of vehicles
involved in the accident is necessary along with a confirmation of proper
headlight aiming for these vehicles.
Equipment
– To achieve the end result of highly detailed photo enlargements, medium
format cameras are most often used in combination with a lens having a focal
length that proximates normal human vision, and high resolution film. A
fully manual Polaroid-backed camera is used to generate a series of
photographs of varying exposure that can be viewed at the scene using a
controlled light source. A selection of the accurate Polaroid image is then
made which is later used as a control for the proper printing of the film
camera images. Securing the camera at the approximate viewpoint of the
pedestrian or motorist ranges from simple tripods to special camera mounting
devices, which are installed to enable the camera to be positioned at the
driver’s seated position inside the exemplar vehicle.

High resolution digital cameras
now make it possible to use a single camera at the scene to capture both the
accurate control imagery and the high resolution imaging that is later
printed in larger format for use in court. Research and development is now
underway by staff members to establish proper protocol to accurately utilize
this new technology.
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