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Police Reports, Dashcam Video and Car Accident Evidence

Police Reports, Dashcam Video and Car Crash Evidence

Evidence from a car crash starts to disappear 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, photos, video and the data stored in the vehicles. Here is how each source fits into a claim.

What the police report contains

When officers respond to a crash, they 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. 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, often for a small fee.

Insurers rely heavily on the crash report, but it is not the final word on fault. Rules on using an officer's opinions at trial vary by state. If the report contains a factual https://kylerbmff114.rivetgarden.com/posts/what-a-car-accident-lawyer-looks-at-after-a-rear-end-or-t-bone-crash 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.

Video and photo evidence

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. Nearby businesses, buses and traffic cameras may have recorded the crash too, 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, while photos of injuries taken over several weeks can document healing.

What the vehicle itself recorded

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. Total loss vehicles are often moved to salvage auctions within weeks, so a car accident attorney may send a preservation letter asking that the vehicle be held until the data can be downloaded.

Witness statements 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 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. A short journal of pain levels and missed work, written while the details are fresh, can also help. This is general information rather than legal advice, and it does not predict the result of any claim.