Evidence After a Car Accident: Police Reports and Dashcam Video
Evidence from a car crash starts to disappear within hours. Cars are towed and repaired, video is overwritten and witnesses become hard to reach. A car accident attorney typically starts with the police report and any photos or video, then the data stored in the vehicles. This article explains how each source fits into a claim.
What the police report contains
When officers respond to a crash, they usually prepare a crash report, often called a police report. It usually records who was driving each vehicle and which insurer covers it, along with a diagram, a short narrative and any citations issued. Many states also require drivers to report crashes that involve injury, death or property damage above a set amount. Copies usually come from the responding agency, such as a city police department, a sheriff's office or the state highway patrol, often for a small fee.
A crash report is influential in insurance claims, but it is not the final word on fault. Rules on using an officer's opinions at trial vary by state. When a report has a factual error, such as a wrong plate number, the agency may accept a request to correct or supplement it. An auto accident attorney will check the report against the photos and statements.
Video and photo evidence
Dashcam video can show the moments before a crash better than a witness can. Save the original file with its date and time stamp, rather than a https://caraccidentlawyers.wiki/reference/traumatic-brain-injury/ phone recording of the screen, and store a backup copy. Traffic cameras and nearby businesses may also have recorded the crash, but many systems overwrite footage within days or weeks. Photos taken at the scene show vehicle positions, debris, skid marks and road signs, while photos of injuries taken over several weeks can document healing.
What the vehicle itself recorded
Many passenger vehicles have an event data recorder (EDR). NHTSA describes an EDR as a device that records technical vehicle and occupant information for a brief period, measured in seconds, not minutes, surrounding a crash. Depending on the vehicle, it may record speed and braking, along with seat belt use. NHTSA's rule in 49 CFR Part 563 sets requirements for EDRs in light vehicles that have them. Under the Driver Privacy Act of 2015, EDR data generally belongs to the vehicle owner or lessee, and others may access it only in limited situations, such as with the owner's consent or a court order.
EDR data can be lost if the car is repaired or crushed. Insurers often move a total loss vehicle to a salvage auction quickly, so a motor vehicle accident lawyer may send a preservation letter asking that the vehicle be held until the data can be downloaded.
Witnesses and medical records
Independent witnesses carry weight because they have no stake in the claim. Collect their names and phone numbers at the scene when it is safe. Medical records link the injuries to the crash, and gaps in treatment are often used by insurers to dispute a claim. A simple file with the claim number and a log of every call with the adjuster makes later questions easier to answer. Pain levels, missed work and appointments are worth noting in a journal while the details are fresh. This is general information rather than legal advice, and no result can be predicted from it.