Evidence After a Car Accident: Police Reports and Dashcam Video
Evidence from a car crash starts to disappear 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. Here is how each source fits into a claim.
The crash report
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.
A crash report is influential in insurance claims, 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 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 video can show the moments before a crash better than a witness can. Save the original file with its date and time stamp, rather than 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, and photos of injuries taken over several weeks can show how they changed.
What the vehicle itself recorded
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, 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 when a car is repaired or sold for salvage. 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 is downloaded.
Witnesses 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 insurers often point to gaps in treatment to dispute a claim. A simple file with the claim number and a log of every call with the adjuster makes later questions easier https://caraccidentlawyers.wiki/geography/united-states/georgia/metro-atlanta/snellville/ 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 no result can be predicted from it.