Can Dash Cam Footage Be Used in a Car Accident Claim?
Dash cam footage can be invaluable in a car accident case, especially when conflicting accounts or limited evidence make it challenging to establish fault clearly. Providing footage that captures the moments leading up to a crash can potentially strengthen your case.
If you were injured in a car accident caused by another person’s negligence, a personal injury lawyer can help you seek compensation from the at-fault party. At Rose Accident Lawyers, we are dedicated to helping injured victims recover maximum compensation for their injuries, medical expenses, and other losses. Read on to learn more about how dash cam footage can impact a personal injury claim.
Evidence a Dash Cam Can Capture
Surprisingly, only around 10-20% of drivers in the US use dash cams. Dash camera footage can play a significant role in car accident claims by helping validate what happened leading up to the crash. In many cases, insurance adjusters use this footage to assess liability more accurately, especially if one party disputes fault.
Dash cams have become increasingly popular for reconstructing vehicle accidents in insurance claims. These cameras can capture evidence, including:
- Vehicles speeding
- Disregard for traffic signals
- Sudden stops and lane changes
- A vehicle veering into another lane
- Distracted driving
- Erratic driving
- Overall driver behavior
- Weather conditions
- Road hazards
Insurance companies want to see video footage that clearly shows the road, driver behavior, and any relevant traffic signs. Some dash cams have advanced features, like capturing audio or recording from multiple angles, which can provide additional context. The details captured can clarify the circumstances of a crash, shed light on who may have been at fault, and identify potential witnesses.
Using Dash Cam Footage to Establish Liability
Establishing liability is one of the most critical aspects of any car accident case, and dash cam footage can serve as strong evidence. The footage can reveal whether one party was driving recklessly, violating traffic laws, or failing to yield appropriately. For example, a dash camera might capture a driver running a red light, swerving between lanes, or tailgating.
In a personal injury claim, the plaintiff must establish the following elements:
- Duty of care – The plaintiff must show that the defendant had a legal responsibility to act in a reasonably safe manner to avoid harming others.
- Breach of the duty of care – The plaintiff must demonstrate how the defendant did not to fulfill their duty by acting negligently or recklessly.
- Causation – The plaintiff must prove the defendant’s breach of duty directly caused their injury or harm.
- Damages – The plaintiff must provide evidence of actual losses or injuries suffered as a result of the defendant’s actions, such as medical bills and lost wages.
In some personal injury cases, the footage can even counter false claims made by another driver. By showcasing real-time evidence of actions leading up to the collision, dash cam footage can significantly impact liability.
Do Insurance Companies Accept Dash Cam Footage?
Insurance companies generally accept dash camera footage as evidence during claim investigations. Adjusters review dash camera footage to verify accident details to determine liability, particularly when there is a dispute about how the accident occurred.
Insurance companies value objective, unbiased evidence like dash camera footage as it makes it easier to assess damages and allocate fault. In addition, providing physical evidence like dash camera footage can often expedite the claims process.
Is Dash Cam Footage Admissible in Court?
Yes, dash camera footage can be admissible in court. In California, dash cam recordings are considered acceptable as long as they don’t violate privacy laws and were obtained in a lawful manner. This means video footage presented in court must not include any illegal recordings of private conversations.
The judge may evaluate the relevance, clarity, and context of the footage before allowing it as evidence. Clear, time-stamped footage that shows the time and place of the accident can be especially persuasive. In addition, generally, you have to sue the other party where the injury occurred or where the defendant lives or works. Ensuring the footage’s admissibility might require guidance from an experienced lawyer who understands evidentiary rules.
Available Compensation in a Personal Injury Claim
Dash camera footage can be crucial in maximizing compensation for personal injury claims. Compensation personal injury victims may recover include:
- Medical bills
- Lost wages
- Ongoing medical expenses
- Mental distress
- Emotional trauma
- Pain and suffering
- Loss of consortium
Detailed visual evidence can lead to more substantial settlement offers, as insurance companies may seek to avoid litigation when confronted with irrefutable proof. An experienced car accident lawyer can present the footage on your behalf to recover maximum compensation.
Contact Our Pasadena Car Accident Lawyers Today
If you’ve been involved in a car accident and are considering using dash camera footage to support your case, it’s advisable to consult with a Pasadena car accident lawyer. At Rose Accident Lawyers, an experienced attorney can guide you throughout the personal injury claim process.
We will protect your rights, help you collect compelling evidence, and negotiate with the insurance companies on your behalf. Our personal injury attorneys will relentlessly fight for full and fair compensation. Call us for a free consultation today.