Police Reports, Dashcam Video and Car Crash Evidence
Police Reports, Dashcam Video and Car Crash Evidence
The evidence in a car crash claim starts to scatter within hours. Vehicles get 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.
The police report
Officers who respond to a crash usually prepare a crash report, sometimes called a police report. It typically lists the drivers and vehicles involved, with insurance details for each, 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, whether that is 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 does not decide 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 compare the report with the photos and statements.
Video and photo evidence
Dashcam footage can capture the seconds before a crash better than a witness can. Keep the original file with its timestamp, instead of 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. Scene photos can show where the vehicles stopped and the debris and skid marks around them, and photos of injuries taken over several weeks can show how they changed.
What the vehicle itself recorded
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, 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 https://devinsunf687.readspirex.com/posts/nhtsa-car-crash-statistics-on-speeding-and-drunk-driving 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.
Witness statements 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 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. A short journal of pain levels and missed work, written while the details are fresh, can also help. This is general information rather than legal advice, and no result can be predicted from it.