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Police Reports, Dashcam Video and Car Crash Evidence

Police Reports, Dashcam Video and Car Crash Evidence

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. An auto accident lawyer usually looks first at 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, 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.

A crash report is influential in insurance claims, but it does not decide 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. An auto accident attorney will check the report against the photos and statements.

Dashcam video and photographs

Dashcam video can show the moments before a crash more clearly than any witness. Keep the original file with its timestamp, rather than 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. 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, around the time of 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 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. 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 is 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 link the injuries to the crash, and gaps in treatment are often used by insurers to dispute a claim. Keeping the claim https://devinaxll759.cloudhinter.com/posts/what-to-expect-from-the-insurance-adjuster-after-a-car-crash-2 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 it does not predict the result of any claim.