Evidence After a Car Crash: Police Reports and Dashcam Video
Evidence from a car crash starts to disappear within hours. Cars are towed and repaired, video gets recorded over and witnesses become harder to find. A car accident attorney usually looks first at the police report and any photos or video, then the data stored in the vehicles. Here is how each source fits into a claim.
The crash report
Officers who respond to a crash usually prepare a crash report, often called a police report. It typically lists the drivers and vehicles involved, with insurance details for each, along with a diagram, a short narrative and any citations issued. In many states, drivers must also report crashes involving injury, death or property damage above a set dollar amount. Copies usually come from the responding agency, whether that is a city police department, a sheriff's office or the state highway patrol, sometimes for a fee.
Insurers rely heavily on the crash report, but it does not decide 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 compare the report with the photos and statements.
Photos and dashcam footage
Dashcam footage can capture the seconds before a crash better than a witness can. Keep the original file with its timestamp, 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, and photos of injuries taken over several weeks can show how they changed.
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, 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 https://gunneraucz977.theburnward.com/how-uninsured-motorist-coverage-pip-and-medpay-work-after-a-car-accident 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 car accident attorney may send a preservation letter asking that the vehicle be held until the data is downloaded.
Witnesses and medical records
Witnesses with no stake in the claim often carry weight. Their names and phone numbers should be collected at the scene if it is safe to do so. Medical records connect the injuries to the crash, and gaps in treatment are often used by insurers 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.