How Crash Reports and Dashcam Video Shape an Auto Accident Claim
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 lawyer 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
Officers who respond to a crash usually prepare a crash report, often called a police report. It usually records who was driving each vehicle and which insurer covers it, 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, often for a small fee.
Insurers rely heavily on the crash report, 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. A car crash attorney will check the report against the photos and statements.
Photos and dashcam footage
Dashcam footage can capture the seconds before a crash more clearly than any witness. Keep the original file with its timestamp, instead of a phone recording of the screen, and make 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, and photos of injuries taken over several weeks can show how they changed.
The event data recorder
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 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 a motor vehicle accident lawyer 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 https://cesarmhhn769.clearminster.com/posts/how-crash-reports-and-dashcam-video-shape-an-auto-accident-claim carry weight. 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.