Evidence After a Car Crash: Police Reports and Dashcam Video
The evidence in a car crash claim starts to scatter within hours. Cars are towed and repaired, video is overwritten and witnesses become harder to find. A car accident lawyer 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.
The police report
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, and it often includes a diagram, a short narrative and any citations. 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.
Insurers rely heavily on the crash report, but it is not the final word on fault. States differ on whether an officer's opinions can be used at trial. If the report contains a factual error, such as a wrong plate number, the agency may accept a request for a correction or a supplement. A car crash attorney will check the report against the photos and statements.
Photos and dashcam footage
Dashcam footage can capture the seconds before a crash better than a witness can. Save the original file with its https://privatebin.net/?d44636619e6bb494#Bf9UFkPSsUeYXLMN7czivW9Li9pFaSJsUL9x8wFcFq7T date and time stamp, rather than a phone recording of the screen, and make 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.
The car's own black box
Many cars and light trucks carry 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, around the time of a crash. Depending on the vehicle, the data may include speed and brake application as well as 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 access by others is limited to situations such as owner consent or a court order.
EDR data can be lost when a car is repaired or sold for salvage. Insurers often move a total loss vehicle to a salvage auction quickly, so a motor vehicle accident lawyer may send a preservation letter asking the insurer or tow yard to hold the vehicle until the data can be downloaded.
Witnesses and medical records
Witnesses with no stake in the claim often carry weight. Collect their names and phone numbers at the scene when it is safe. Medical records connect the injuries to the crash, and insurers often point to gaps in treatment to dispute a claim. Keeping the claim number in one place, with a log of each call to 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 article is general information, not legal advice, and no result can be predicted from it.