How Dashcam Footage Can Strengthen Your Car Accident Claim

If you were seriously hurt in a vehicle accident, you could file a legal claim to be reimbursed for your expenses, pain, and suffering. However, you must prove the party you are suing was negligent.

You may have the proof you need right in your car. Reviewing dashcam footage after a wreck may provide helpful information for your claim. Contact our attorneys at Colling Gilbert Wright to find out how dashcam footage can strengthen your car accident claim.

How Do You Establish Liability?

When a car accident claim goes to court, you must prove the other party’s negligence. Negligence means failing to use appropriate care to avoid injuries to others. When a driver does not obey traffic laws or drive with sufficient caution in the circumstances, they are considered negligent.

Drivers tend to have different versions of what happened to cause the crash. Many car accident negligence cases are determined by which person the judge or jury believes. Clear and unedited dashcam footage often shows exactly what happened and who is at fault.

Most states allow dashcam footage as evidence if it has not been tampered with and can be authenticated. Our car accident attorneys could help you with your claim and discuss how footage from the dashboard camera may be beneficial.

Preserving Footage Properly

Even if your dashcam captured a clear view of what happened during your car crash, you cannot use the video in your claim if you do not preserve it properly. Most dashcam systems operate on a loop, and the camera may record over old footage. Some dashcam systems are designed to lock when a collision occurs. If yours does not lock, turn the camera off and manually save the file with its metadata as soon as possible after the accident. 

Create multiple copies of the file and save them in separate places. Do not share the footage with anyone except your attorney, and never post it on social media.

Comparative Negligence

Dashcam footage can prove the other party was negligent, but it could also prove you were not entirely blameless. If you are partially responsible for the accident, you may collect less compensation or none at all. It is essential to show the vehicle camera video to your car accident attorney for them to consider whether it will strengthen or weaken your case in your jurisdiction.

Most states follow the theory of comparative negligence. Comparative negligence means an injured person who was partially responsible for the incident can collect damages from other parties, but the amount is reduced by their degree of fault. For example, if you were 20 percent responsible for the crash, you can collect 80 percent of your damages.

Many states follow a modified comparative negligence model, which means that if you are primarily responsible for the accident, you cannot collect damages from anyone. A few states still follow a different model, called contributory negligence, which bars an injured person from seeking any damages if they had any responsibility for the accident. The way your state handles this issue will determine whether dashcam evidence is helpful or possibly harmful to your case.

Call an Auto Accident Lawyer for Help Obtaining Dashcam Video

If you were injured in a wreck and have a dashcam video, it could help your case. Make sure you preserve the video properly and speak with a local attorney. Evidence of the other party’s negligence could lead to a higher settlement offer and be effective in proving your case if you must go to court. Contact our team at The Florida Firm to discuss how dashcam footage can strengthen your car accident claim.