Police Reports, Dashcam Video and Car Crash Evidence

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. An auto 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, often called a police report. It usually records who was driving each vehicle and which insurer covers it, along with a diagram, a short narrative and any citations issued. Many states also require drivers to report crashes that involve injury, death or https://blogfreely.net/humanshfak/insurance-adjusters-total-losses-and-diminished-value 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.

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. 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.

Video and photo evidence

Dashcam video can show the moments before a crash more clearly than any witness. 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, though many systems record over footage within days or weeks. Photos taken at the scene show vehicle positions, debris, skid marks and road signs, while photos of injuries taken over several weeks can document healing.

The event data recorder

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, 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 others may access it only in limited situations, such as with the owner's 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 an automobile accident attorney may send a preservation letter asking the insurer or tow yard to hold the vehicle 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 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. 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 no result can be predicted from it.