Police Reports, Dashcam Video and Car Crash Evidence
The evidence in a car crash claim starts to scatter within hours. Cars are towed and repaired, video gets recorded over and witnesses become hard to reach. 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, sometimes for a fee.
A crash report is influential in insurance claims, 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. A car accident lawyer 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, rather than a phone recording of the screen, and store a backup copy. Traffic cameras and nearby businesses may also have recorded the crash, but many systems https://damienqvvl036.ironwoodscope.com/posts/nhtsa-car-crash-statistics-on-speeding-and-drunk-driving 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, 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 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. Total loss vehicles are often moved to salvage auctions within weeks, so a car accident attorney may send a preservation letter asking the insurer or tow yard to hold the vehicle until the data is 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 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. 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 it does not predict the result of any claim.