Self-Help Guide
How to Get Evidence After an Accident
Most evidence disappears within 72 hours. Traffic cameras overwrite. Businesses delete footage. Witnesses forget. This guide tells you exactly what to do, what to say, and what to send â today.
â° Evidence Disappears on a Strict Timeline
24â72 hrs
Traffic camera footage
7â30 days
Business surveillance
Days
Black box data (if car repaired)
Weeks
Witness memories fade
Jump to:
Business Surveillance Footage
Step 1 â Identify every camera that could have captured the accident
Walk or drive the accident scene and look for cameras on:
Step 2 â Go in person. Not by phone.
Phone calls are ignored. Walking in forces a response. Ask to speak to the manager or owner specifically â employees often don't have access or authority.
ð Script â What to say in person
"Hi, my name is [your name]. There was an accident on [date] at approximately [time] near this location. I believe your security cameras may have captured footage of it. I'm asking you to please preserve and not overwrite that footage. I'll be sending a written preservation request today. Can I get the name of the owner or manager to address it to?"
Step 3 â Follow up with a written preservation demand the same day
A written demand creates a legal duty to preserve. If they destroy footage after receiving it, that can be used against them in court as "spoliation of evidence."
ð Copy-Paste Letter Template
Traffic & Speed Cameras
Who to call â and what to ask for
City Traffic Engineering Department
Search "[Your City] traffic engineering department" â they control traffic signal cameras at intersections. Call and ask for the public records or traffic operations division.
County / State DOT
For highway accidents â the state Department of Transportation manages highway surveillance. Search "[Your State] DOT traffic camera footage request."
Toll Authority
If the accident occurred near a toll road or toll plaza â call the toll authority. They have cameras covering every lane and often keep footage longer.
Police Department Traffic Division
Some police departments run their own camera systems separate from DOT. Ask the records division.
Red Light Camera Operators
Red light cameras at intersections are often operated by third-party companies (like Redflex or American Traffic Solutions). The city can tell you who operates theirs.
ð Script â Traffic camera phone call
"Hello, I'm calling about a car accident that occurred on [Date] at approximately [Time] at [Intersection or Location]. I'm requesting that any traffic camera footage from that time be preserved and not overwritten. I'll be submitting a formal public records request today. Can you direct me to the right department and give me the correct email or address for the records request?"
File a FOIA / Public Records Request immediately
Traffic camera footage is a public record in most states. You can request it under your state's public records law (FOIA at federal level, similar laws in every state). See the FOIA section below for the template.
Vehicle Black Box (EDR â Event Data Recorder)
Almost every car made after 2004 has an Event Data Recorder (EDR) â commonly called a "black box." It records the 5 seconds before impact: speed, braking, steering angle, seatbelt status, and whether the driver tried to avoid collision. This data can prove the other driver was speeding or not braking.
ðĻ Step 1 â Do NOT repair the vehicle
Tell the body shop to hold all repairs. If the insurance company wants to total the car, tell them you need the EDR data downloaded first. You have a right to this.
Step 2 â Document the vehicle's current condition
Photograph all four sides, interior, and the VIN number before anything is touched. If it's at a tow yard, go there today.
Step 3 â Have an attorney send a preservation letter
A lawyer can send a letter to the at-fault driver's insurance company demanding preservation of the EDR in their insured's vehicle. If they destroy it after that, it becomes evidence of liability.
Step 4 â Download the data
EDR data is downloaded using a tool called a Bosch CDR (Crash Data Retrieval) tool. Accident reconstruction experts and some police departments have this. Your attorney can arrange a download â it's inexpensive and extremely valuable evidence.
Dashcam, Ring Doorbell & Neighbor Cameras
Your own dashcam
If you have a dashcam â immediately remove the SD card and copy the footage to your phone or computer. Many dashcams overwrite old footage automatically. If you leave it in the car, the footage will be gone within hours.
Back it up to three places: phone, computer, and cloud (Google Drive, Dropbox, iCloud).
Nearby homes and businesses with Ring/Nest/Arlo cameras
Doorbell cameras can capture footage from up to 30â50 feet away. Even if the camera isn't pointed directly at the accident site, it may have captured the seconds before or after impact.
ð Script â Knocking on neighbor doors
"Hi, I'm so sorry to bother you. There was an accident on [Date] around [Time] near your home. I noticed you have a doorbell/security camera, and I was wondering if it might have captured anything. Would you be willing to check? You don't have to share it if you're not comfortable, but it could really help my case."
Most people will check if you ask politely in person. Offer to give them your number so they can send it to you directly.
Other drivers' dashcams
If other cars were stopped at the scene â check if they have dashcams (visible on the windshield). Ask them on the spot. Get their phone number and follow up. Many drivers don't think to offer footage but will share it when asked.
Witness Statements
Witnesses forget details fast. Get their information at the scene if possible â but even days or weeks later, a witness statement can be powerful evidence.
At the scene â what to collect
After the scene â getting a written statement
ð Text/Email to send a witness
"Hi [Name], this is [Your Name] â we spoke at the accident on [Date]. Thank you again for stopping. Would you be willing to write a brief description of what you saw? Even just a few sentences in your own words would be incredibly helpful. You can reply here or email me at [email]. There's no pressure and it may never be needed â I just want to have it documented while it's fresh."
What a good witness statement covers:
- âĒ Where they were and what they were doing when the accident happened
- âĒ What they saw immediately before, during, and after impact
- âĒ The speeds, positions, and actions of the vehicles
- âĒ Traffic light or sign status
- âĒ Anything said by the other driver at the scene
- âĒ Their contact information and signature
Police Report
Police reports are foundational evidence. They document who was there, initial fault assessment, citations issued, witness names, and weather/road conditions. Available 3â10 days after the accident.
How to get it
Most jurisdictions now let you request online. Search "[Your City/County] police report request" or visit the department in person. You'll need: date, location, your name, and the case/report number (given to you at the scene).
What if no police came?
You can still file a report yourself at the station. Do it now â a delayed report is far better than no report. Explain that you called but were told to file it yourself, or that you didn't realize the extent of your injuries at the time.
What if the report contains errors?
You can request an amendment from the responding officer or submit a written supplement. Your attorney can also attach a written statement disputing specific facts. A report that's wrong is still usable â but errors must be addressed.
Medical Records & Bills
Every provider you've seen must give you copies of your records under HIPAA. Request them yourself â don't wait for an attorney or insurance company. They're yours.
ER / Hospital
Go to the medical records department or use their patient portal (MyChart, etc.). Request: admission notes, discharge summary, imaging reports, and itemized billing statement.
Treating Physicians / Specialists
Call the front desk and ask for "medical records." Standard turnaround is 5â30 days. You may pay a small copying fee. Always request ALL records, not a summary.
Imaging Centers (MRI, X-ray)
Request both the radiology report AND the actual images on a disc or USB. The images themselves (not just the report) are important evidence.
Physical Therapy / Chiro
Request all session notes and the initial evaluation â this documents your injury status at the start of treatment and progress over time.
Pharmacy Records
Your pharmacy can print a full history of prescriptions since the accident date. This supports future medical costs claims.
Legal Preservation (Spoliation) Letters
A spoliation letter is a formal legal demand to preserve evidence. Once received, destroying that evidence is called "spoliation" â and courts can penalize defendants severely for it, including instructing the jury to assume the destroyed evidence would have hurt the defendant.
Send to:
Government Records â FOIA Requests
Government agencies must release records upon request under freedom of information laws. Many injury-related records are public.
Traffic camera footage
Where to request: City traffic engineering / DOT â file a public records request citing the date, time, and intersection
Road maintenance records
Where to request: City/county public works â shows if a pothole, broken light, or road defect was reported before your accident
911 call recordings & CAD logs
Where to request: Police or fire department records division â shows what was reported and response times
Prior accident history at the same location
Where to request: State DOT crash data â establishes that the intersection has a known dangerous history (critical for municipal liability cases)
DOT inspection records (trucks)
Where to request: FMCSA (Federal Motor Carrier Safety Administration) â shows if the truck involved had prior violations or failed inspections
Building/premises inspection records
Where to request: City building department â for slip-and-fall, shows prior complaints or violations at the property
Prior police calls to a location
Where to request: Police department â shows a business was on notice of dangerous conditions
ð Sample FOIA Request Template
Most states require agencies to respond within 5â10 business days. If they don't respond, follow up in writing and cite the statutory deadline.
Ready to Build Your Full Case File?
Use our Case File Builder to document everything in one place â then share it with an attorney for a free review.
Social Media â Evidence & Dangers
ðĻ First: Protect YOUR accounts
âĒ Do NOT post about your accident, injuries, or case on any platform
âĒ Insurance investigators actively monitor social media
âĒ A single photo of you smiling at a birthday party can be used to claim you're "fine"
âĒ Even old posts can be misrepresented â set all profiles to private immediately
âĒ Do not accept new friend requests from people you don't know
Now: Use social media as a tool to FIND evidence
Find the other driver's social media
Search their name (from the police report) on Facebook, Instagram, LinkedIn. Look for posts about the accident â admissions like "I was going too fast" are gold. Screenshot and date-stamp everything.
Search for witnesses
Post on NextDoor, local Facebook groups ("Anyone near [intersection] on [date]?"), and community subreddits. Many witnesses who leave the scene will respond to a community post.
Search for the business's Yelp/Google reviews
For slip-and-fall cases â prior complaints about the same hazard are powerful evidence of negligence. Search Yelp, Google, and even Reddit for the business name + complaints.
Save everything with a timestamp
Screenshot posts and use a website archiver (archive.org or archive.ph) to preserve the URL with a timestamp. Social media posts can be deleted.