Wisconsin Crash Investigation & Evidence Preservation

Meet Wisconsin’s reporting requirements and preserve your own record

Under § 346.70, crashes involving injury or death, at least $200 damage to government property other than a government vehicle, or at least $1,000 damage to one person’s property or a government vehicle generally require immediate notice to the designated law-enforcement authority. Section 346.70(2) generally requires a written report within 10 days unless law enforcement makes the specified report. Check the law applicable to the crash date and the reporting instructions; requesting an insurance claim does not replace a required crash report.

Capture perishable evidence safely

When safe, document vehicle positions, damage, road markings, traffic controls, visibility, debris and identifying details. Record witness names and reliable contact information. Preserve original photographs and video, including their dates and metadata, rather than keeping only compressed messages or edited screenshots. Seek needed medical care and document symptoms and treatment; evidence collection should not delay emergency assistance.

Identify records that may be overwritten or lost

List nearby cameras, dashcams, vehicle event data, dispatch records, app trip records and relevant business records. Promptly request preservation from the people or organizations controlling them. Specify the event, time range and records sought, and keep proof of the request. A preservation request does not itself grant access to another person’s device, vehicle or private account, and it does not guarantee that the evidence exists.

Use lawful discovery and inspection procedures

Wisconsin’s § 804.09 provides a procedure in litigation to request documents, electronically stored information, tangible items and inspection within its scope. Section 804.01 governs discovery, including limits and protections. Preserve the damaged vehicle and arrange any necessary inspection before disposal, repair or destructive testing when practicable. Access to another party’s evidence may require consent, formal discovery or a court order rather than an informal demand.

Maintain an evidence log and a separate deadline calendar

For each item, record its source, date received, original filename, storage location and any copies or edits. Keep original policy documents, insurer letters, estimates, receipts and wage records alongside the crash materials. Note missing evidence and follow up in writing. Reporting and preservation are distinct from government notices, policy duties and lawsuit deadlines; completing one does not automatically satisfy the others.