Police Reports, Dashcam Video and Car Crash Evidence
The evidence in a car crash claim starts to scatter within hours. Vehicles get towed and repaired, video is overwritten and witnesses become hard to reach. An auto accident lawyer typically starts with 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, often called a https://caraccidentlawyers.wiki/directory/metro-atlanta-law-firms/ police report. It typically lists the drivers and vehicles involved, with insurance details for each, 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 are usually available from the agency that responded, whether that is 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 does not decide fault. States differ on whether an officer's opinions can be used at trial. When a report has a factual error, such as a wrong plate number, the agency may accept a request to correct or supplement it. An auto accident attorney will check the report against the photos and statements.
Video and photo evidence
Dashcam footage can capture the seconds 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. 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, and photos of injuries taken over several weeks can show how they changed.
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 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. Insurers often move a total loss vehicle to a salvage auction quickly, so a motor vehicle accident lawyer may send a preservation letter asking the insurer or tow yard to hold the vehicle until the data can be downloaded.
Witnesses 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 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. 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.