California Personal Injury Lawyers Blog
After a fatal crash, a family may receive an incident number before it receives a written account of what happened. The collision report can help you identify witnesses and trace the investigation. The first step is to find out which agency prepared it and what that agency requires to release a copy.
Identify the agency and gather the details
Start with any paperwork or reference number an officer gave you. If you have neither, write down the date and approximate time, the nearest intersection or highway exit, the direction of travel, and the names of the drivers you know. A California Highway Patrol unit, city police department, or sheriff’s office may have investigated. When more than one agency responded, ask which one is responsible for the written report.
Ask what you need to show before submitting a request
For a CHP investigation, the agency provides Form CHP 190 and instructions for requesting a collision report. CHP requires applicants to establish that they are a proper party of interest. If you are requesting the report after a death, contact the CHP office handling the crash and explain your relationship to the person who died or your authority to act on their behalf. Ask what documentation the office needs, whether the report is available, and how to submit the request and any applicable fee. If a local department investigated, use that department’s records procedure.
Read the report with the underlying evidence in mind
Keep the full report and note whether it refers to diagrams, photos, witness statements, or supplemental reports. Those materials may be handled separately, so ask what is available and whether you need to make another request. As you read, distinguish what the officer personally observed from statements the officer recorded and conclusions drawn from the investigation.
For example, if two drivers gave different accounts of which vehicle entered an intersection first, the report may identify witnesses or cameras worth following up with. A civil investigation can compare those accounts with original video, scene measurements, and vehicle damage. The report is a starting point for those questions. Civil responsibility depends on the evidence and applicable law.
Preserve other evidence while the request is pending
Keep original photos and videos, witness contact information, and tow or storage notices. Write down where you remember seeing cameras near the scene. Some systems overwrite recordings, and damaged vehicles may be moved or disposed of. Counsel can help identify where evidence is held and send targeted preservation requests. If a public agency may be involved, ask counsel to review any separate claim deadline while you wait for the report. See the California Courts guide to government claims.
How Walch Law can help
If your family lost someone in a California collision, the Law Offices of Gary K. Walch, A Law Corporation can help identify the investigating agency, review the available records, and explain which questions may need further investigation. Call 866-465-8792 or contact Walch Law for a free consultation.