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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 gets recorded over and witnesses become harder to find. 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.
The police report
When officers respond to a crash, they 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 are usually available from the agency that responded, 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. When a https://telegra.ph/How-Fault-Works-in-Rear-End-and-T-Bone-Car-Crashes-11-06 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 better than a witness can. 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.
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, 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 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 an automobile accident attorney may send a preservation letter asking that the vehicle be held until the data can be 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 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. Pain levels, missed work and appointments are worth noting in a journal while the details are fresh. This article is general information, not legal advice, and it does not predict the result of any claim.