How Crash Reports and Dashcam Video Shape an Auto Accident Claim
The evidence in a car crash claim starts to scatter within hours. Vehicles get towed and repaired, video is overwritten 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. This article explains how each source fits into a claim.
What the police report contains
Officers who respond to a crash usually prepare a crash report, sometimes 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. Many states also require drivers to report crashes that involve injury, death or property damage above a set 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. States differ on whether an officer's opinions can be used at trial. When a report has a factual error, such as a wrong plate number, the agency may accept a request to correct or supplement it. A car crash 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, rather than a phone recording of the screen, and make a backup copy. Nearby businesses, buses and traffic cameras may have recorded the crash too, but many systems overwrite 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 https://kylerbmff114.rivetgarden.com/posts/liability-in-auto-accident-claims-explained several weeks can show how they changed.
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, 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 when a car is repaired or sold for salvage. 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. Collect their names and phone numbers at the scene when it is safe. Medical records connect the injuries to the crash, and gaps in treatment are often used by insurers 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 no result can be predicted from it.