Police Reports, Dashcam Video and Car Accident 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 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 typically lists the drivers and vehicles involved, with insurance details for each, and it often includes a diagram, a short narrative and any citations. 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, such https://andyifsu002.halcyonledger.com/posts/how-fault-works-in-rear-end-and-t-bone-car-accidents 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. 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 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, 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 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
Independent witnesses carry weight because they have no stake in the claim. 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. 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 article is general information, not legal advice, and it does not predict the result of any claim.
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