How Crash Reports and Dashcam Video Shape an Auto Accident Claim

Evidence After a Car Crash: Police Reports and Dashcam Video

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, photos, video and the data stored in the vehicles. This article explains how each source fits into a claim.

What the police report contains

Officers who respond to a crash usually prepare a crash report, sometimes 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. 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, whether that is 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 is not the final word on fault. Rules on using an officer's opinions at trial vary by https://andygjfq850.silverstonebrief.com/posts/how-fault-works-in-rear-end-and-t-bone-car-crashes state. 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 check the report against the photos and statements.

Video and photo evidence

Dashcam video can show the moments before a crash better than a witness can. Save the original file with its date and time stamp, instead of a phone recording of the screen, and make a backup copy. Nearby businesses, buses and traffic cameras may have recorded the crash too, 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.

What the vehicle itself recorded

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, around the time of 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 if the car is repaired or crushed. Total loss vehicles are often moved to salvage auctions within weeks, so a motor vehicle accident lawyer may send a preservation letter asking the insurer or tow yard to hold the vehicle 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 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. 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 no result can be predicted from it.