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. A car accident attorney typically starts with the police report and any photos or video, then the data https://jsbin.com/filefahepe stored in the vehicles. This article explains how each source fits into a claim.
The crash 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 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.
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. When a report has a factual error, such as a wrong plate number, the agency may accept a request to correct or supplement it. An auto accident attorney will check the report against the photos and statements.
Photos and dashcam footage
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. 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, 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 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 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. Insurers often move a total loss vehicle to a salvage auction quickly, so an automobile accident attorney may send a preservation letter asking the insurer or tow yard to hold the vehicle until the data is 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. 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 it does not predict the result of any claim.