Evidence After a Car Accident: 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 usually looks first at the police report, photos, video and the data stored in the vehicles. Here is how each source fits into a claim.
The police report
Officers who respond to a crash usually prepare a crash report, often 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 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 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. An auto accident attorney will compare the report with the photos and statements.
Dashcam video and photographs
Dashcam video can show the moments 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 make a backup copy. Traffic cameras and nearby businesses may also have recorded the crash, but many systems overwrite 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.
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, 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 access by others is limited to situations such as owner 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 car accident attorney may send a preservation letter asking that the vehicle be held until the data can be downloaded.
Witnesses 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 connect the injuries to the crash, and insurers often point to gaps in treatment 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. A short journal of pain levels and missed work, https://beauqnwv839.quillnesty.com/posts/evidence-after-a-car-accident-police-reports-and-dashcam-video 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.