How Crash Reports and Dashcam Video Shape an Auto Accident Claim
The evidence in a car crash claim starts to scatter within hours. Cars are towed and repaired, video is overwritten and witnesses become hard to reach. A car accident lawyer usually looks first at the police report, photos, video https://spenceratle712.bearsfanteamshop.com/evidence-after-a-car-crash-police-reports-and-dashcam-video and 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 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 are usually available from the agency that responded, whether that is a city police department, a sheriff's office or the state highway patrol, sometimes for a 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 compare the report with the photos and statements.
Video and photo evidence
Dashcam footage can capture the seconds before a crash more clearly than any witness. Save the original file with its date and time stamp, instead of a phone recording of the screen, and store a backup copy. Nearby businesses, buses and traffic cameras may have recorded the crash too, 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 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 access by others is limited to situations such as owner 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 that the vehicle be held until the data is downloaded.
Witness statements 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 connect 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. 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 it does not predict the result of any claim.