How Crash Reports and Dashcam Video Shape a Car Accident Claim

Police Reports, Dashcam Video and Car Accident Evidence

Evidence from a car crash starts to disappear within hours. Vehicles get towed and repaired, video gets recorded over and witnesses become hard to reach. An auto accident lawyer typically starts with the police report, photos, video and the data stored in the vehicles. Here is how each source fits into a claim.

The crash report

Officers who respond to a crash usually prepare a crash report, sometimes called a police report. It usually records who was driving each vehicle and which insurer covers it, along with a diagram, a short narrative and any citations issued. 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, 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 compare the report with the photos and https://caraccidentlawyers.wiki/geography/united-states/georgia/metro-atlanta/marietta/ statements.

Dashcam video and photographs

Dashcam footage can capture the seconds before a crash better than a witness can. Save the original file with its date and time stamp, instead of a phone recording of the screen, and make 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 car's own black box

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 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 an automobile accident attorney may send a preservation letter asking that the vehicle be held until the data is downloaded.

Witnesses 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 gaps in treatment are often used by insurers to dispute a claim. A simple file with the claim number and a log of every call with 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.