Evidence After a Car Crash: Police Reports and Dashcam Video

Evidence from a car crash starts to disappear within hours. Vehicles get towed and repaired, video gets recorded over and witnesses become harder to find. A car accident attorney usually looks first at the police report, photos, video and the data stored in the vehicles. Here is 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 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 are usually available from the agency that responded, whether that is 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 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.

Photos and dashcam footage

Dashcam footage can capture the seconds before a crash more clearly than any witness. Save the original file with its date and time stamp, instead of a https://pastelink.net/1ubq1p9c 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, while photos of injuries taken over several weeks can document healing.

The event data recorder

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, seconds rather than minutes, surrounding 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 if the car is repaired or crushed. 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.

Witness statements 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 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 is general information rather than legal advice, and it does not predict the result of any claim.