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How Crash Reports and Dashcam Video Shape a Car Accident Claim

How Crash Reports and Dashcam Video Shape a Car Accident Claim

The evidence in a car crash claim starts to scatter within hours. Vehicles get towed and repaired, video gets recorded over and witnesses become hard to reach. A car accident attorney 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 police report

When officers respond to a crash, they usually prepare a crash report, sometimes 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 are usually available from the agency that responded, such as 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. 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.

Photos and dashcam footage

Dashcam footage can capture the seconds https://penzu.com/p/631b5fa491e49030 before a crash better than a witness can. 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, 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.

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, 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. Total loss vehicles are often moved to salvage auctions within weeks, 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.

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. A simple file with the claim number and a log of every call with 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 article is general information, not legal advice, and no result can be predicted from it.