Evidence After a Car Crash: Police Reports and Dashcam Video
The evidence in a car crash claim starts to scatter within hours. Vehicles get towed and repaired, video gets recorded over and witnesses become harder to find. A car accident attorney 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.
The crash report
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, 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 are usually available from the agency that responded, whether that is 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 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. A car accident lawyer will compare the report with the photos and statements.
Dashcam video and photographs
Dashcam video https://gunnerwbfd331.valiantfield.com/posts/evidence-after-a-car-crash-police-reports-and-dashcam-video can show the moments before a crash more clearly than any witness. 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, 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.
The car's own black box
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 if the car is repaired or crushed. Insurers often move a total loss vehicle to a salvage auction quickly, so a car accident attorney 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
Independent witnesses carry weight because they have no stake in the claim. Collect their names and phone numbers at the scene when it is safe. Medical records link the injuries to the crash, and gaps in treatment are often used by insurers 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. 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 it does not predict the result of any claim.