Legal Question in Personal Injury in Virginia

I am interested in knowing if it is illegal in the State of Virginia to take photos if you have been hit by someone from behind. I have witnessed many folks who use their cell phones and take shots for their records to report to the insurance company. Recently, I heard that someone was suing a friend of mine for taking a photo shot at an accident. They claim it is an invasion of their privacy? Is this true or not? Is there a site on the internet that might go into more detail with the specifics as to when it might be

illegal to take photos at the accident of any accident. If someone is claiming this is a violation of

their privacy rights-don't they have to prove that the other party did take photos. How would they

prove something like that?


Asked on 11/12/10, 11:51 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Privacy rights are normally not an issue at a vehicle accident site since such sites are usually public areas where there is no expectation of privacy. Consequently, anyone suing another person on only these grounds can expect their suit to be summarily dismissed.

Therefore, you as well as your friend should be able to

snap away as many photos of accidents as you please without

having any concern for possibly invading someone's privacy.

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Answered on 11/17/10, 6:16 pm


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