Police Reports, Dashcam Video and Car Crash Evidence

How Crash Reports and Dashcam Video Shape an Auto Accident Claim

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, photos, video and the data stored in the vehicles. Here is how each source fits into a claim.

What the police report contains

When officers respond to a crash, they usually prepare a crash report, sometimes 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.

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. 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 crash attorney will check the report against the photos and statements.

Photos and dashcam footage

Dashcam footage can capture the seconds before a crash more clearly than any witness. 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, though many systems record over 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 event data recorder

Many cars and light trucks carry an event data recorder (EDR). https://caraccidentlawyers.wiki/reference/traumatic-brain-injury/ 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 an automobile accident attorney 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 link 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. 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.