The First Days After a Crash Can Determine the Entire Case
After a serious car or truck accident, most people focus on medical treatment — as they should.
But in catastrophic injury and wrongful death cases, what happens in the first few days can determine whether critical evidence is preserved… or permanently lost.
Vehicles are repaired.
Insurance companies move them to salvage yards.
Electronic data can be overwritten.
Dash cam footage disappears.
If liability is disputed, evidence preservation becomes one of the most important steps in protecting your case.
For a free legal consultation, call (303) 465-8733
Why Evidence Preservation Matters
In serious crashes, evidence can prove:
- Speed at impact
- Whether brakes were applied
- Seatbelt usage
- Airbag deployment timing
- The severity of the collision
- Mechanical or safety system failure
- Driver distraction
Without preserved evidence, cases often turn into one driver’s word against another’s.
In high-value cases, that uncertainty can significantly reduce settlement value.
Critical Evidence That Must Be Preserved
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The Vehicle Itself
Do not authorize repairs, dismantling, or destruction until evidence preservation has been evaluated.
The vehicle may contain:
- Black box (EDR) data
- Crush damage patterns
- Airbag module information
- Mechanical failure indicators
If a product defect is suspected, the vehicle must be secured with proper chain-of-custody procedures.
Learn more about how black box data works on our Black Box (EDR) Data After a Car Accident page.
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Event Data Recorder (Black Box) Information
Most modern vehicles record crash data.
This data can be overwritten or lost if:
- The vehicle is powered improperly
- It is repaired before download
- It is dismantled for salvage
In serious cases, preservation letters may be sent to prevent spoliation.
Timing matters.
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Commercial Truck Data
Truck accident cases require even faster action.
Commercial vehicles may store:
- Speed history
- Engine control module (ECM) data
- Sudden braking events
- Hours-of-service records
- Maintenance logs
Trucking companies often deploy investigators quickly.
If your crash involved a semi-truck, visit our Denver Truck Accident Lawyer page for more information.
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Dash Cam and Surveillance Footage
Video evidence may include:
- Personal dash cams
- Nearby business security footage
- Traffic cameras
- Residential cameras
Many systems automatically overwrite footage within days.
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Cell Phone and Digital Evidence
In some cases, digital evidence may show:
- Phone activity at time of crash
- App usage
- Texting timestamps
- GPS data
Preservation must be handled carefully and lawfully.
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Physical Scene Evidence
Important evidence at the scene may include:
- Skid marks
- Debris fields
- Gouge marks
- Weather and road conditions
- Vehicle resting positions
Photographs taken early can be critical, especially if road conditions change.
What Is a Preservation (Spoliation) Letter?
A preservation letter formally notifies the other party that certain evidence must not be destroyed.
This may apply to:
- Vehicles
- Electronic data
- Maintenance records
- Surveillance footage
In high-value injury cases, early preservation letters are often a necessary first step.
What If My Car Was Already Declared a Total Loss?
If your insurance company has declared your vehicle a total loss:
- Do not assume evidence is gone.
- Ask where the vehicle is being stored.
- Determine whether it has been dismantled.
In some situations, data recovery is still possible.
Immediate action improves the likelihood of preservation.
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When Evidence Preservation Is Most Critical
Early preservation is especially important in cases involving:
- Fatal accidents
- Traumatic brain injuries
- Spinal cord injuries
- Disputed fault
- High-speed crashes
- Suspected vehicle malfunction
In serious injury cases, technical evidence can dramatically change how a case is evaluated.
Why Acting Quickly Matters
Insurance companies and defense teams often move quickly after serious crashes.
If evidence disappears before it is documented, it may not be recoverable.
Delays can reduce leverage.
In catastrophic cases, early investigation is part of building a case for trial — not just settlement.
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How Jordan Law Approaches Evidence Preservation
At Jordan Law, serious injury cases are built from day one with trial preparation in mind.
That may include:
- Coordinating vehicle inspections
- Evaluating black box data preservation
- Working with qualified experts
- Sending formal preservation notices
- Securing critical documentation
Not every case requires technical investigation.
But when it does, early action is essential.
Frequently Asked Questions
Should I let my insurance company move my vehicle?
Before authorizing release or repair, speak with a lawyer if your injuries are serious or liability is disputed.
How long do I have to preserve black box data?
It varies by vehicle and circumstances. Acting quickly improves your chances of preservation.
Can evidence still be recovered after repairs?
In some cases, yes. But recovery becomes more difficult after repairs or dismantling.
Speak With a Colorado Car Accident Lawyer Before Evidence Is Lost
If you or a loved one was seriously injured in a Colorado crash and fault is unclear, preserving evidence may be one of the most important decisions you make.
To discuss your situation, contact Jordan Law for a free consultation.
Early action can protect your rights.