Q: If a bystander took pictures of an accident scene with fatalities shouldn't the accident scene have been secured better?
My brother died in a horrible car accident where another person lost their life as well. Someone managed to take pictures of the scene & sent them to an ex of his who in turn sent them out again through fbook & sent them to me. These pictures graphically show my brother in the vehicle still (he was covered, but his profile & his body outline can be seen) & the 2nd deceased person, who was thrown from the vehicle (who was not covered). I know this is morally wrong, but is there someone whom I can see to it takes the responsibility that the accident scene should have been more secure. The pictures have actually traumatized me in a way that I am not sure I will recover from. I'm certain that another family member accidentally saw them and thats the reason they are having much more of a hard time than most others in our family. Both myself and my other family member have had to see various psych Doctors since the month that I got the pictures. I feel someone should have secured the scene
A:
I am so sorry for your loss. Unfortunately, there is no cause of action against anyone for securing the scene. It is up to the first responders and police to investigate and preserve all evidence that they can. It gets into a really slippery slope if the bystander may have gotten there before the first responders and snapped the photos. Liability is the hardest element to meet here.
Please take care of yourself and continue on your journey with a therapist to heal.
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