How Crash Reports and Dashcam Video Shape an Auto Accident Claim

How Crash Reports and Dashcam Video Shape a Car Accident Claim

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. A car accident attorney 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

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, whether that is 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. When a report has a factual error, such as a wrong plate number, the agency may accept a request to correct or supplement it. A car crash attorney will check the report against the photos and statements.

Video and photo evidence

Dashcam footage can capture the seconds before a crash more clearly than any witness. Keep the original file with its timestamp, rather than a phone recording of the screen, and make a backup copy. Traffic cameras and nearby businesses may also have recorded the crash, but many systems overwrite footage within days or weeks. Photos taken at the scene show vehicle positions, debris, skid marks and road signs, 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, measured in seconds, not 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. https://andygjfq850.silverstonebrief.com/posts/how-to-choose-a-car-accident-lawyer 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.

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 connect the injuries to the crash, and gaps in treatment are often used by insurers 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 is general information rather than legal advice, and it does not predict the result of any claim.