Police Reports, Dashcam Video and Car Accident Evidence

Evidence After a Car Accident: Police Reports and Dashcam Video

The evidence in a car crash claim starts to scatter within hours. Vehicles get towed and repaired, video is overwritten and witnesses become hard to reach. An auto accident lawyer typically starts with the police report and any photos or video, then 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. In many states, drivers must also report crashes involving injury, death or property damage above a set dollar 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 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. An auto accident attorney will check the report against the photos and statements.

Photos and dashcam footage

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. Nearby businesses, buses and traffic cameras may have recorded the crash too, though many systems record over 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 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, 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 https://caraccidentlawyers.wiki/reference/uninsured-motorist-coverage/ to a salvage auction quickly, so a car 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. 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 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. Pain levels, missed work and appointments are worth noting in a journal while the details are fresh. This article is general information, not legal advice, and no result can be predicted from it.