Alabama Injury and Criminal Defense Resource

Alabama Evidence Preservation Center

Evidence can disappear long before a case reaches a courtroom. Video may be overwritten, vehicles repaired, dangerous conditions changed, messages deleted, and witnesses become difficult to locate. This guide explains practical steps for protecting information after a serious injury, family loss, arrest, or investigation in Alabama.

Reviewed by Elliott Owen Lipinsky — October 27, 2026

This page provides general information, not legal advice. Do not take property that is not yours, interfere with an investigation, contact a represented person, or violate a court order. If a deadline, court date, serious injury, or active investigation is involved, call the office rather than relying only on an online guide.

Start a Free Case ReviewCall (334) 230-7986

Start with the situation closest to yours

Vehicle crash: Preserve the scene, vehicles, reports, medical information, insurance communications, and digital records.
Unsafe property: Preserve the condition, incident report, surveillance sources, witnesses, clothing, and footwear.
Wrongful death: Identify the proper family or estate representative, preserve the physical and digital evidence, and address probate authority promptly.
Arrest or investigation: Keep court papers, bond conditions, messages, videos, location information, and potential witness information without altering or deleting anything.
Not sure: Make a factual timeline, identify where evidence may exist, and ask what should be preserved before it changes.

Why preservation matters

The strongest evidence is often temporary. Store surveillance systems may overwrite recordings. A damaged vehicle may be repaired or sold. A spill may be cleaned. A phone may replace older data during normal use. A witness may move or forget details.

Alabama’s court rules recognize documents, photographs, tangible objects, electronically stored information, scientific reports, and other materials as potential evidence. The Alabama Rules of Evidence also require a sufficient basis to show that an item is what its proponent claims it is. Keeping original files, identifying their source, and recording when and how they were obtained can therefore matter later.

The legal significance of a particular item depends on the facts. Preserve first; let its use be evaluated afterward.

Evidence to preserve after a vehicle crash

After a car, truck, motorcycle, bicycle, or pedestrian collision, safety and medical needs come first. When it can be done safely and lawfully, preserve or identify:

Wide and close photographs of the scene, vehicle positions, impact points, debris, tire marks, traffic controls, lane markings, lighting, weather, and road conditions.
Photographs of every side of each involved vehicle and any damaged personal property.
Original photographs and videos, not only screenshots or versions compressed by text message or social media.
The responding agency, officer’s name, report number, tow location, and ambulance or emergency-service information.
Names, telephone numbers, email addresses, and a short note describing what each witness observed.
Dash-camera, doorbell, business-surveillance, traffic-camera, vehicle-camera, or nearby residential-camera locations.
The involved vehicle, damaged parts, child seat, helmet, bicycle, clothing, footwear, and other physical items. Seek advice before repair, disposal, destructive testing, or transfer when a serious claim may exist.
Medical paperwork, appointment information, prescriptions, restrictions, bills, mileage, receipts, and communications about missed work.
Insurance policies, claim numbers, adjuster correspondence, recorded-statement requests, repair estimates, valuation documents, and proposed releases.
Relevant phone records, navigation history, photographs, messages, and digital information. Do not alter, edit, or selectively delete information.

The Alabama Law Enforcement Agency publishes the current process, fee, and eligibility rules for obtaining an Alabama crash report.

Evidence to preserve after an injury on unsafe property

Property conditions can change quickly. If it is safe and lawful, preserve or identify:

The exact location and condition that contributed to the incident, photographed from the direction of approach and from multiple distances.
Spills, leaks, broken surfaces, stairs, handrails, lighting, merchandise, shelving, warning signs, barriers, mats, cords, obstructions, or other relevant conditions.
The absence, placement, visibility, and wording of any warning.
The date, time, weather, lighting, crowd conditions, and what happened immediately before and after the incident.
The incident report or report number and the names or descriptions of employees who responded.
Witness contact information and a short note of what each witness observed.
The location of surveillance cameras belonging to the property, nearby businesses, vehicles, or residences.
Shoes, clothing, receipts, photographs, damaged items, and communications with the property owner or insurer.
Medical, wage, and recovery records.

Do not return to a location to trespass, interfere with employees, or obtain material without permission. A lawyer can evaluate whether a preservation request, investigation, or formal process is appropriate.

Read the Alabama premises-liability guide.

Evidence to preserve after a wrongful death

Grief and evidence preservation arrive on different schedules. A family does not need to decide every legal issue immediately, but time-sensitive information should be identified before it is lost.

The location, date, time, investigating agencies, report numbers, first responders, and known witnesses.
Original photographs, video, audio, messages, emails, device data, account information, and nearby cameras.
Any involved vehicle, product, equipment, medication, container, component, or unsafe property condition.
Emergency, hospital, physician, coroner, autopsy, and death-certificate records that may lawfully be obtained.
Insurance policies, claim information, adjuster communications, proposed releases, and correspondence connected to the event.
Probate papers, the will if one exists, and letters testamentary or letters of administration once issued.
A factual chronology identifying what happened, who had control, what warnings or earlier incidents are known, and what changed afterward.

For an adult wrongful-death action under Alabama Code § 6-5-410, the duly appointed personal representative ordinarily brings the claim. A separate statute addresses the wrongful death of a minor. The proper claimant, probate authority, and applicable deadlines should be evaluated promptly.

Read the Alabama wrongful-death guide.

Evidence to preserve after an arrest or during an investigation

Do not delete, edit, hide, manufacture, or ask another person to change evidence. Do not contact an alleged victim, witness, or codefendant if a no-contact order, bond condition, protective order, or advice of counsel prohibits it.

The complaint, warrant, citation, bond papers, release conditions, court notices, property receipt, inventory, and every document provided by law enforcement or the court.
The date, time, location, agencies, officers, vehicles, and sequence of the stop, search, questioning, arrest, or release.
Names and contact information for people who saw the events before, during, or after the incident.
Photographs or video from homes, businesses, vehicles, body cameras, dash cameras, or phones, together with the location and owner of each possible source.
Original messages, call logs, photographs, social-media material, account notices, location information, receipts, and other digital records that may bear on the allegations or a defense.
Medical records, injuries, prescriptions, testing information, or treatment connected to the event.
Documents showing lawful possession, ownership, permission, identity, employment, travel, or another fact that may matter.
A private factual timeline for counsel. Do not post the timeline or the underlying allegations online.

Alabama Rule of Criminal Procedure 16.1 addresses categories of prosecution-held material that may be available through defense discovery. It does not mean every item is automatically available or that privately held evidence will remain available without action.

Alabama Rule of Criminal Procedure 17.3 addresses subpoenas for books, papers, documents, or other objects in a pending criminal proceeding. Whether and how that procedure may be used is a legal question.

Read the Alabama criminal-defense guide.

Phones, video, messages, and other digital evidence

Digital evidence can lose useful context when it is edited, cropped, forwarded, or converted. When possible:

Keep the original device and original file.
Preserve the full conversation, not only selected messages.
Keep dates, times, sender or account information, filenames, and surrounding context visible.
Save an export or backup in addition to screenshots when the service allows it.
Do not apply filters, annotations, edits, or compression to the only copy.
Record where the information came from and who obtained it.
Keep account-access and device-security information private. Do not place passwords in an intake form or ordinary email.
Do not access another person’s device or account without lawful authority.

Alabama Rule of Evidence 901 requires a sufficient basis to support a finding that evidence is what its proponent claims. Preserving the source and context may make later authentication easier, but admissibility depends on the actual evidence and proceeding.

Reports, records, and evidence held by someone else

Some important evidence is controlled by a business, insurer, government agency, medical provider, property owner, towing company, employer, social-media service, or another third party. It may include:

Surveillance or body-camera video.
Dispatch records, crash reports, incident reports, and recordings.
Inspection, cleaning, maintenance, repair, and complaint records.
Vehicle electronic data, photographs, estimates, and total-loss records.
Employment, wage, scheduling, and attendance records.
Medical records, imaging, billing, and pharmacy information.
Account records, messages, or stored digital content.

Write down who may control the information and how to contact that person or organization. Do not assume an informal request will stop routine deletion. Counsel can evaluate whether a written preservation notice, public-record request, subpoena, discovery request, or court order is available and appropriate.

Witness information

For each potential witness, record:

Full name and reliable contact information.
Where the person was and what the person could see or hear.
Whether the person made photographs, video, notes, or a report.
How the person became involved and whether the person has any relationship to a party.
The date the information was obtained.

Do not coach a witness, supply facts, or pressure anyone to change an account. Preserve the witness’s own words and let counsel conduct any formal interview.

What not to do

Do not delete or alter unfavorable information. Preservation is not limited to material that appears helpful.
Do not repair, discard, sell, or transfer an important physical item before asking whether it should be inspected.
Do not trespass, impersonate someone, enter an account without permission, or take property that is not yours.
Do not post the event, injuries, accusation, witnesses, or strategy on social media.
Do not sign a release, give a recorded statement, or surrender original evidence without understanding the consequences.
Do not assume that an official report contains every relevant fact.
Do not wait for a general filing deadline before addressing evidence that may disappear sooner.

Printable evidence-preservation checklist

Matter information

☐ Date, time, and exact location recorded
☐ Factual timeline prepared
☐ Court, claim, incident, or report number recorded
☐ Upcoming court date or known deadline recorded

People and agencies

☐ Witness names and contact information saved
☐ Responding agencies and personnel identified
☐ Businesses or property owners controlling possible evidence identified
☐ Insurance companies and claim numbers recorded

Physical and documentary evidence

☐ Original photographs and videos backed up
☐ Vehicle, product, clothing, footwear, or damaged item preserved
☐ Reports, notices, citations, court papers, and correspondence saved
☐ Medical, wage, repair, and expense records organized

Digital evidence

☐ Original messages, call logs, emails, and account information retained
☐ Full conversations or exports saved where available
☐ Source, date, and person who collected each item recorded
☐ No relevant information deleted, edited, filtered, or overwritten

Next step

☐ Time-sensitive video or third-party evidence identified
☐ No confidential details or passwords placed in an initial online form
☐ Counsel contacted promptly if a court date, deadline, investigation, severe injury, or death is involved

Frequently asked questions

Is a screenshot enough?

A screenshot may be useful, but it may omit the sender, date, surrounding conversation, account information, or original file data. Preserve the screenshot and, when lawfully available, the original file, complete conversation, export, or device containing it.

Should I send every document through the case-evaluation form?

No. Use the initial form for a short summary. Do not send Social Security numbers, financial-account information, medical records, passwords, or other highly sensitive material. If the firm schedules a follow-up, it can explain how to provide appropriate documents.

What if the video belongs to a store or another person?

Record the camera location, owner, and contact information. Do not access or take material without permission. Because video may be overwritten, prompt legal review may be important.

What if some evidence appears harmful?

Do not delete or alter it. A lawyer needs an accurate record to evaluate the matter, possible explanations, legal obligations, and strategy.

Does preserving evidence mean the firm represents me?

No. Reading this page, calling the office, or submitting a form does not create an attorney-client relationship. Representation begins only after the firm accepts the matter in writing.

Talk with the Selma office

If evidence may disappear, a court date is approaching, or a serious injury or criminal accusation is involved, an early review can identify the immediate preservation questions.

Start a Free Case ReviewCall (334) 230-7986

Do not send confidential or highly sensitive information through the initial form. Contacting the office does not create an attorney-client relationship. Representation begins only after the firm accepts the matter in writing. No result can be promised.