Police Reports, Dashcam Video and Car Accident Evidence

Evidence After a Car Accident: Police Reports and Dashcam Video

Evidence from a car crash starts to disappear within hours. Cars are towed and repaired, video gets recorded over and witnesses become harder to find. A car accident attorney 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, 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. 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, 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. 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.

Video and photo evidence

Dashcam video can show the moments before a crash better than a witness can. Keep the original file with its timestamp, 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, and photos of injuries taken over several weeks can show how they changed.

The event data recorder

Many passenger vehicles have an event data recorder (EDR). NHTSA describes an EDR as a device that records technical vehicle and occupant information for a brief period, measured https://elliotpewr723.lucialpiazzale.com/what-a-car-accident-attorney-looks-at-after-a-rear-end-or-t-bone-crash in seconds, not minutes, surrounding 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 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 an automobile accident attorney may send a preservation letter asking that the vehicle be held until the data is downloaded.

Witnesses 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 connect 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 is general information rather than legal advice, and no result can be predicted from it.