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Colorado Guide 18 · VictimsGuide.com
Crash Investigation
A police report records only part of a crash. A complete investigation asks what can establish the movement of every vehicle or person, the physical and digital evidence, the injuries that followed, and every insurance, business, public-entity, or platform relationship connected to the loss.
The first priority is safety. The second is preservation.
A serious crash scene changes minute by minute. Vehicles move. Debris is cleared. Witnesses leave. Video is overwritten. Tow operators take possession. Weather changes. The best evidence can exist for minutes while the legal claim may last for years.
Protect life
Get out of immediate danger where possible, call for emergency help, identify injuries, and follow responder directions.
Identify people and vehicles
Drivers, occupants, owners, witnesses, employers, responding agencies, tow operators, and vehicle identity can all matter later.
Preserve what will disappear
If it is safe, preserve positions, traffic controls, damage, debris, roadway conditions, business markings, witness information, and nearby video sources.
Colorado's immediate duties are part of the investigation record
The same facts that determine what a driver must do after a crash also generate evidence: who stopped, who left, what information was exchanged, whether aid was requested, and when law enforcement was notified.
| Issue | Colorado rule | Investigative significance |
|---|---|---|
| Injury / serious bodily injury / death | C.R.S. § 42-4-1601 requires stopping and compliance with notice, information, and aid duties. | Preserve departure/return timing, 911, witness descriptions, body/dash video, and any later identification. |
| Vehicle/property damage | C.R.S. § 42-4-1602 governs stopping after a crash involving damage. | Document where vehicles stopped, whether they moved for safety, and what existed before movement. |
| Identity + reasonable aid | C.R.S. § 42-4-1603 requires specified identifying information and, where practical, reasonable assistance to injured persons. | Names, addresses, registration, driver's license presentation, requests for help, EMS response, and statements may become fixed timeline facts. |
| Immediate police notice | C.R.S. § 42-4-1606 governs notice to the proper police authority for reportable crashes. | 911/CAD time and dispatch records can become objective anchors for the chronology. |
Reporting creates records - but not every report is an investigation
Separate the duty to notify law enforcement, the officer's report to the state, and a citizen-filed counter report. Those are different events with different evidentiary value.
Law-enforcement report
Colorado DMV states that when an officer obtains the needed information at the scene, the involved driver generally does not file an additional form unless the Department of Revenue later requests one.
Citizen counter report
DMV permits an online report. DMV expressly states the report is not investigated by law enforcement and is kept for record purposes.
Five-day reporting
Current § 42-4-1606 requires qualifying law-enforcement reports within five days after receiving the information or completing the investigation.
The crash report is the index to a larger records search
Start with the report, then identify what the agency actually created or received. Colorado State Patrol expressly says its Basic Crash Report is a synopsis and does not include witness statements, digital media, or every other part of the investigation.
| Record | What it may contain | What to ask next |
|---|---|---|
| Basic crash report | Drivers, vehicles, insurance fields, roadway, diagram, narrative, apparent contributing factors, citations. | Were there supplements, corrected reports, measurements, photos, witness forms, or specialized reconstruction? |
| 911 / CAD / dispatch | Call time, caller account, dispatch time, unit arrival, hazards, injury information, vehicle descriptions. | Audio, CAD event log, radio traffic, unit history. |
| Bodycam / dashcam | Scene condition, statements, demeanor, vehicle positions, road and weather, investigation steps. | All responding units, not only primary officer; retention deadline. |
| Photographs / digital media | Scene, damage, marks, debris, identification, documents, measurements. | Native files, metadata, scale/reference photographs, upload logs. |
| Witness materials | Names, statements, recorded interviews, written forms, contact information. | Any witness not listed in the basic report; recordings or supplements. |
| Specialized investigation | EDR downloads, drone/total-station data, reconstruction, diagrams, vehicle exams, toxicology. | Underlying data and files, not merely the final summary. |
Photograph the scene as a system, not as a collection of damaged cars
The goal is to let a later reader understand where everyone came from, what each could see, where contact occurred, where vehicles moved, and what roadway conditions existed.
Wide establishing views
Photograph the full intersection/roadway, each approach, cardinal direction if known, traffic controls, lane configuration, and nearby landmarks.
Sight lines
Record what each driver could see: curvature, grade, parked vehicles, vegetation, construction, sun angle, darkness, lighting, and visual obstructions.
Marks and debris
Preserve tire marks, scrape/gouge marks, debris fields, fluid, broken parts, paint transfer, and areas disturbed by cleanup.
Signals and signs
Photograph signal heads, stop/yield signs, lane-use arrows, crosswalks, speed signs, temporary work-zone controls, and obscured or damaged controls.
Weather and surface
Document snow, ice, rain, standing water, loose gravel, potholes, roadway edge, lighting, and changing conditions.
Before movement
If safe and before vehicles are moved, record final positions relative to lanes, shoulders, medians, signs, fixed objects, and one another.
Witness evidence is strongest when identity, vantage point, and first account are preserved
Preserve contact information
Name, phone, email, address where appropriate, vehicle description, and whether the witness was a pedestrian, occupant, employee, first responder, or nearby resident/business person.
Preserve vantage point
Where was the witness? Which direction was the witness facing? What could be seen? For how long? Was anything obstructing the view?
Use the witness's own words
Separate what was actually observed from assumptions about speed, fault, distraction, intoxication, or signal phase.
Ask whether the witness recorded anything
Dashcam, phone photo/video, home camera, business camera, or other media may be more valuable than later recollection.
A damaged vehicle is evidence until the important questions are answered
Repair, salvage, total-loss transfer, auction, parts replacement, battery disconnection, or software service can change the evidence. Decide what must be inspected or downloaded before disposition.
| Vehicle evidence | Preserve | Why it may matter |
|---|---|---|
| Exterior damage | All four sides, close impact views, crush, height, paint/transfer, broken components. | Impact direction, overlap, contact geometry, reconstruction, repair scope. |
| Interior / restraints | Airbags, seat belts, seat position, steering wheel, interior contacts, loose objects. | Occupant movement, restraint use, injury mechanism. |
| Tires / wheels / suspension | Tread, pressure where appropriate, damage, wheel condition, suspension components. | Control, mechanical contribution, post-impact versus pre-impact condition. |
| Lamps / visibility | Headlamps, brake/turn lamps, reflectors, warning indicators. | Visibility, signaling, mechanical condition. |
| Identity / use clues | VIN, plate, registration, business logos, DOT number, cargo, tools, rental/fleet markings. | Owner, employer, carrier, commercial/rental coverage, additional parties. |
| Custody | Tow yard, insurer, salvage vendor, repair shop, dates transferred. | Preservation control and ability to inspect/download before alteration. |
Digital evidence can provide the most precise seconds in the chronology
Event data recorder
C.R.S. § 42-4-2402 restricts retrieval and release of EDR information and recognizes routes such as owner consent, civil discovery, and court orders.
OEM telematics
Connected-car records can be distinct from EDR: GPS, trip history, remote events, diagnostics, collision notification, or subscription-service data.
Device and provider records
Calls, messages, app activity, navigation, location, photos, video, and timestamps may be relevant. Preserve originals and obtain protected data lawfully.
Dashcam / surveillance
Identify nearby sources immediately. Retention may be measured in days, not years, and footage may overwrite automatically.
Fleet / ELD / dispatch
Commercial systems can capture hours, route, speed, location, messaging, dispatch, maintenance, and camera information.
Rideshare / delivery apps
Login, trip request, acceptance, pickup/delivery, completion, route, messages, and platform status can determine both liability facts and insurance period.
The medical investigation begins with chronology, not with a later damages demand
A reliable injury record connects the crash mechanism to the first complaints, examination, diagnosis, treatment, restrictions, progression, and later medical opinions.
- Record the mechanism of impact without guessing at technical conclusions.
- Document immediate symptoms and body parts involved.
- Record head strike, loss of consciousness, confusion, memory gap, or disorientation where present.
- Preserve EMS assessment, vital signs, treatment, and transport decision.
- Preserve emergency-department and urgent-care records and discharge instructions.
- Record symptoms that develop or change after the scene.
- Preserve imaging, referrals, prescriptions, restrictions, and follow-up recommendations.
- Keep treatment chronology separate from billing and lien chronology, then reconcile them.
- Do not treat absence of dramatic symptoms at the scene as a substitute for medical causation analysis.
- Identify preexisting conditions accurately rather than allowing them to become an unexplained gap.
Special crash categories require additional evidence tracks
| Crash category | Additional evidence to preserve | Related guide |
|---|---|---|
| Work / commercial | Employer, trip purpose, dispatch, time records, fleet ownership, DOT/carrier identity, ELD, maintenance, cargo, commercial insurance. | Guide 14 |
| Rideshare / TNC | App status, request/acceptance, passenger status, trip timeline, platform notices, route, TNC policy information. | Guide 15 |
| Government vehicle | Agency identity, employee status, vehicle ownership, dispatch, body/dash video, incident records, CGIA notice calendar. | Guide 16 |
| Hit-and-run / phantom | Partial plate, vehicle/driver description, direction, witnesses, nearby video, debris/paint, police report, physical contact evidence where relevant. | Guide 04 + Guide 17 |
| Rental / borrowed | Owner, lessee, rental agreement, authorized drivers, optional products, credit-card benefits, personal/nonowned coverage. | Guide 13 |
| Road / signal defect | Road authority, timing plans, maintenance, complaints, work orders, construction records, sight obstructions, notice/history. | Guide 16 where public entity involved |
Preservation starts when relevant evidence is at risk of disappearing
Preservation is not limited to formal discovery. Vehicles are sold, cameras overwrite, fleet systems cycle data, phones are replaced, and businesses apply retention schedules.
Stop alteration where justified
Identify the custodian and request preservation before repair, salvage, destruction, component replacement, or data loss.
Identify the exact window
Request preservation by date, time range, location, camera/vehicle/unit where known, and include enough context to locate the event.
Target the system
Fleet telematics, dispatch, delivery/TNC platform, ELD, timekeeping, maintenance, and access-control data may have different custodians and retention periods.
Build one master chronology before assigning fault
Fixed timestamps let different evidence sources test one another. The chronology should show both what happened and the source supporting each time or event.
| Time / event | Source | What it can test |
|---|---|---|
| Pre-impact movement | Video, EDR, telematics, GPS, phone, witness, signal timing. | Speed, route, braking, lane, signal phase, distraction, visibility. |
| Impact | EDR trigger, video, audio, damage, debris, marks, airbag deployment. | Sequence, contact points, direction, crash forces. |
| Immediate aftermath | 911, CAD, bodycam, phone photos, witnesses. | Rest positions, statements, symptoms, condition, identity. |
| Response / transport | Dispatch, EMS/fire, hospital arrival, tow dispatch. | Timing, injury complaints, scene duration, vehicle custody. |
| First days | Medical records, insurer notices, tow/salvage records, preservation letters. | Causation sequence, evidence control, claim notice, missing proof. |
Citizen crash-investigation workflow
Safety, emergency response, medical needs, stopping/reporting duties, identity, and incident number.
Wide/approach/detail photographs, vehicle positions, traffic controls, roadway/weather, debris/marks, and coverage clues.
Drivers, owners, occupants, witnesses, employers, TNCs, public entities, fleet operators, tow companies, and responding agencies.
Video sources, vehicle custody, EDR/telematics, platform/fleet data, phone preservation, and witness contacts.
Crash report, supplements, 911/CAD, body/dash video, photos, statements, diagrams, measurements, citations, and specialized investigation.
Mechanism, symptoms, EMS, first treatment, later-developing symptoms, diagnosis, restrictions, and follow-up.
Driver, owner, employer, commercial, umbrella/excess, rental, TNC, government, MedPay, and UM/UIM.
Reconcile fixed timestamps and record the source for each material event.
What conduct is alleged? What duty applies? What proves breach? What proves causation? What contradicts the theory?
Keep originals, metadata, evidence logs, communications, deadlines, and unresolved preservation issues together in the Clean Claim file.
Colorado evidence authority map
Participant reports versus police reports
Colorado authority distinguishes confidential reports required from persons involved in a crash from law-enforcement investigation reports. Particular contents still require evidentiary analysis.
Colorado Court of AppealsSpoliation and adverse inference
Recognizes broad trial-court discretion to address destruction of relevant evidence and explains punitive and remedial purposes of an adverse-inference sanction.
Colorado Supreme CourtSpoliation depends on circumstances
Cited in current CJI Chapter 3 for the range of sanctions depending on the spoliating conduct and evidentiary circumstances.
Published Colorado Court of AppealsPrimary authority and official record sources
VictimsGuide resources supporting Guide 18
Frequently asked questions
Is the police crash report the final determination of fault?
No. It is an important investigative source, but civil liability depends on the governing duties, admissible evidence, causation, and Colorado comparative-fault law. Treat an officer or adjuster percentage as a conclusion to test against the record.
If I file an online Colorado crash report, will police investigate it?
Not merely because it was filed online. Colorado DMV states that an individual online report filed when no officer was present is a counter report, is not investigated by a law-enforcement agency, and is kept for record purposes.
Does the basic crash report contain all police evidence?
No. Colorado State Patrol expressly states that its Basic Crash Report is a synopsis and does not include witness statements, digital media, or every other aspect of the investigation. Other agencies likewise may maintain supplements and media separately.
Can I obtain someone else's crash report?
Potentially, but access is controlled. Colorado DMV explains that crash-record requests are subject to the federal Driver's Privacy Protection Act and Colorado record restrictions and may require consent or a permissible-use affidavit and fee.
Are driver-filed crash reports admissible at trial?
C.R.S. § 42-4-1610 generally protects reports required by law from drivers, owners, or persons involved and limits their evidentiary use. Police investigation reports are treated differently by that statute, but particular statements and conclusions still require ordinary evidence analysis.
Can the event data recorder be downloaded without the vehicle owner's permission?
Not simply because someone wants the data. C.R.S. § 42-4-2402 provides specific circumstances for retrieval or release, including owner consent, civil discovery, court orders, and other statutory circumstances. Preserve the vehicle while lawful access is resolved.
How fast should nearby video be preserved?
Immediately when it is material. Many systems overwrite automatically. Identify the precise location, camera or business, date, and time window and make a focused preservation request before ordinary retention cycles erase it.
If my car is declared a total loss, can it be released to salvage immediately?
Only after considering whether the vehicle itself, a component, EDR, telematics, restraint system, tire, or defect issue must be preserved or inspected. Property-damage resolution and evidence preservation are different decisions.
Does a traffic ticket prove civil negligence?
No. A citation is not the civil judgment, and C.R.S. § 42-4-1713 generally makes the record of an article 4 traffic conviction inadmissible in a civil action, subject to statutory exceptions. Build liability from the underlying admissible facts.
What should I do if another vehicle caused the crash and left?
Build proof of the unknown actor: vehicle and driver description, partial plate, direction of travel, witnesses, video search, physical marks/debris/paint, police reporting, and the chronology. The phrase "phantom vehicle" is not a substitute for evidence.
Crash-investigation worksheet
| Field | Record | Decision question |
|---|---|---|
| Date / time / location | __________ | What fixed timestamp and precise location start the chronology? |
| Responding agency / incident no. | __________ | Which agency holds the report, media, CAD, and supplements? |
| Driver / owner identities | __________ | Are driver and owner the same person? What additional policies may exist? |
| Employer / business use | __________ | Was anyone working, delivering, driving a fleet vehicle, or using a company vehicle? |
| TNC / platform status | __________ | Was an app on, trip accepted, passenger/cargo underway, or delivery active? |
| Witnesses | __________ | Identity, contact, vantage point, independent account, media? |
| Scene photographs | Yes / No | Wide, approaches, controls, positions, marks, debris, weather, visibility? |
| Vehicle photographs | Yes / No | All sides, impact, interior, restraints, tires, lights, VIN, business markings? |
| Vehicle custody | __________ | Who has each vehicle now and when can repair/salvage occur? |
| EDR decision | Preserve / Download / N/A | Does § 42-4-2402 access need to be addressed before disposition? |
| Telematics / GPS / app | __________ | Which systems may hold time, location, speed, route, or platform status? |
| Video sources | __________ | Which sources could overwrite and what exact time window should be preserved? |
| 911 / CAD / radio | Requested / Received | What fixed times and initial descriptions do they provide? |
| Bodycam / dashcam | Requested / Received | All units and all media, not just primary officer? |
| Crash report / supplements | Requested / Received | Any amended report, correction, witness supplement, reconstruction, or diagram? |
| Medical baseline | __________ | Mechanism, symptoms, EMS, first treatment, later symptoms, restrictions? |
| Preservation notices | __________ | Vehicle, video, business/fleet/platform, phone, public records? |
| Coverage map | __________ | Driver, owner, employer, TNC, commercial, umbrella, MedPay, UM/UIM? |
| Competing fault theories | __________ | For each theory: duty, breach evidence, causation evidence, contradictions? |
| Master chronology complete? | Yes / No | Does every material time/event identify its source? |