(February 12, 2019) In Peach v.
McGovern, 2019 IL 123156, the Illinois Supreme Court
definitively established that post-accident photos will be allowed
into evidence without accompanying expert witness testimony.
Over the last 15 years, plaintiffs have successfully barred
post-accident photos of vehicles absent expert witness testimony
establishing that said photos and the plaintiffs' injuries are
linked. This has created an indirect benefit for biomechanical
experts who are increasingly retained to offer opinions in
low-impact, low damage cases where plaintiff do not want photos
shown to the jury. This has also increased defense costs for trial
as well as affected the decision-making of claims professionals
balancing litigation costs in low-impact cases.
