As you navigate the roadways, a dashcam silently records your travels, capturing moments that may later prove invaluable should a car accident occur. Though dashcams were once a rarity, their popularity has steadily risen as drivers seek ways to protect themselves in the event of a collision. When a crash involves injuries, dashcam footage can make or break an injury claim by providing visual evidence of what transpired. As dashcams become nearly ubiquitous, understanding their legal role and impact is essential. In the digital age, these devices are emerging as a pivotal tool for resolving personal injury disputes. With the click of a button, they can substantiate or refute an account, shaping the outcome of cases. Their impartial mechanical eye sees all and forgets nothing, arming citizens with a powerful weapon against insurance fraud and false accusations.
What Is Dashcam Footage and How Can It Help Your Case?
Dashcam footage refers to video recorded by a camera mounted on a vehicle's dashboard or windshield. This footage can provide crucial evidence in establishing liability and determining fault in a motor vehicle accident.
Eyewitness Accounts
Dashcams provide an unbiased eyewitness account of the events leading up to an accident. They capture details that human witnesses may miss or forget, such as traffic light changes, road conditions, and maneuvers by other vehicles. Dashcam footage also provides a permanent record of these details that can be reviewed repeatedly.
Establishing Fault
In many accidents, each driver blames the other. Dashcam footage provides concrete evidence as to which driver was at fault by capturing the sequence of events that led to the collision. The footage can show which vehicle failed to stop or yield, made an improper turn, changed lanes abruptly, or was driving aggressively. This evidence is invaluable in determining liability and fault.
Capturing Critical Details
Even in accidents where fault seems clear, there may be details that affect liability and insurance claims. Dashcam footage documents factors like traffic flow, visibility, and road conditions at the time of an accident. It can also capture vehicle movements, speeds, and positions with a precision that would otherwise depend on human recollection and estimation. These details provide a more complete picture of the events surrounding the accident.
In summary, dashcam footage should be considered essential evidence for any personal injury case stemming from a motor vehicle accident. It provides an objective, comprehensive record of the events leading up to and including the accident itself. For this reason, all drivers should consider installing a dashcam in their vehicle.
When Should You Consult a Texas Car Accident Lawyer About Dashcam Evidence?
Soon After the Accident Occurs
If you were involved in a car accident and have dashcam footage of the incident, it is recommended that you consult with an experienced Texas car accident lawyer as soon as possible. The lawyer can review the footage and determine how it may support your claim or case. They can also advise you on properly preserving and handling the evidence to avoid it getting corrupted or lost.
When the At-Fault Party Denies Responsibility
In some cases, the at-fault driver may deny responsibility for the accident despite your dashcam evidence clearly showing they were at fault. In this situation, consulting with a lawyer immediately is critical. The lawyer can send a demand letter to the insurance company of the at-fault driver, including your dashcam footage as evidence of liability. This may prompt them to accept responsibility and settle your claim.
### If Your Claim is Denied
If your insurance claim is denied by the at-fault party's insurance company despite your dashcam evidence, do not delay in speaking to an attorney. They can file a personal injury lawsuit on your behalf and use your footage as key evidence to prove negligence and liability. Your footage, combined with other evidence and legal arguments from your lawyer, can be very persuasive in court.
In summary, any time after a car accident where dashcam footage may be relevant as evidence, it is in your best interests to consult with an experienced Texas personal injury lawyer. They know how to properly handle this type of evidence and use it to support your claim in the most effective manner possible. The sooner you get them involved in your case, the better.
Can Dashcam Footage Be Used Against You in a Personal Injury Case?
Dashcam footage is typically used to support an individual’s claim in a personal injury case. However, the footage can potentially be used against you to dispute or counter your version of events. ### The footage may show contradictory details.
If the footage captures details that contradict your statement or account of the accident, the other party may use it to argue that you are at fault or partially at fault. For example, if you claim that the other driver ran a red light but footage shows that the light was green when they entered the intersection, it undermines your credibility and version of events.
Your actions may appear negligent or reckless.
Footage may also show that you were driving negligently or recklessly at the time of the accident. For instance, if the footage shows that you were speeding, texting while driving or failing to stop at a stop sign, it indicates that you violated traffic laws and did not exercise due care. The other party can argue that your unlawful or irresponsible actions caused or contributed to the accident.
Pre-existing vehicle damage can be revealed.
Dashcam footage may capture pre-existing damage to your vehicle that you did not disclose to the insurance provider or other party. Failure to disclose such damage could be construed as fraud and used to challenge your entire claim and credibility. It is always best to be upfront about any prior damage to avoid such issues.
While dashcam footage can be used to support your personal injury claim, it may also contain details that weaken or undermine your claim if not properly addressed. It is a good idea to review any footage of the accident yourself to identify any contradictory information or evidence of negligence before providing it as evidence to the other party. You can then determine whether to provide clarification, obtain additional evidence to counter it or whether it is even advisable to submit the footage.
Tips for Preserving and Submitting Dashcam Footage to Your Attorney
Preserve the footage immediately
As soon as possible after an accident, save and backup the dashcam footage. Copy the video files to your computer and external storage devices like USB drives or external hard drives. This ensures you have redundant copies in case one storage method fails. Do not delete the footage from your dashcam’s SD card yet.
Do not edit or tamper with the footage
It is crucial that you do not edit, alter or tamper with the dashcam footage in any way. Submitting edited footage could damage your credibility and hurt your case. Your attorney needs the raw, unedited video files to properly analyze the events leading up to and following the accident.
Provide context about the footage
When giving the footage to your attorney, also provide details about the date, time, location and events depicted in the video. Explain what is happening leading up to, during and after the accident. Provide a timeline of events to help your attorney understand the context around the footage. Your testimony and explanation of events will supplement the video evidence.
Submit the footage as soon as requested
Promptly provide the dashcam footage to your attorney upon request. Early access to evidence like video footage helps in the initial investigation and evaluation of the case. It allows your attorney to determine appropriate next steps to build your claim, such as contacting witnesses or filing motions to preserve other evidence before it is lost or destroyed. The sooner your attorney gains access to critical evidence like dashcam footage, the better.
Following these tips will help ensure your dashcam footage is preserved properly and provided to your attorney in a timely manner. The footage, combined with your testimony about the events, can make a significant impact on the outcome of your personal injury claim. Take the necessary steps to backup and protect this vital evidence right away.
Dashcam Footage FAQs: Questions to Ask a Texas Car Accident Lawyer
Dashcam footage can provide critical evidence in car accident injury claims and lawsuits. As a victim of a car crash in Texas, you likely have many questions about how dashcam video can support your case. Here are some of the common questions Texas personal injury lawyers hear regarding dashcam evidence:
What types of dashcams are most useful?
Front and rear-facing dashcams that record audio, video, time, date and location data provide the most comprehensive evidence. Multi-angle cameras offering both interior and exterior views of the vehicle are ideal. Dashcams with night vision and high resolution are best to capture important details.
How soon after an accident should I inform my lawyer about dashcam footage?
Notify your attorney as soon as possible about any available dashcam evidence. Early access to video footage allows your lawyer to analyze the sequence of events, determine fault, and strengthen your claim. Delaying could result in lost or overwritten footage.
Can dashcam video be used to prove the other driver's negligence?
Yes, dashcam video is often crucial for establishing liability in car crash cases. Footage may show the other driver speeding, distracted, disobeying traffic signals, or driving aggressively before impact. This evidence can be used to prove the other party's negligence and support your right to compensation.
Will my own dashcam video be used against me?
In some cases, a defendant may try to use your dashcam footage to claim you were partly at fault. However, Texas follows modified comparative negligence rules. As long as you are less than 51% at fault, you can still recover damages. An experienced attorney can evaluate footage objectively and defend you against unfair accusations of liability. With legal guidance, dashcam evidence is far more likely to help rather than harm your case.
Consult with a lawyer to determine how dashcam footage may apply to your specific accident and injury claim. Video evidence, combined with testimony and other records, can be a game-changer for establishing fault and maximizing the value of your settlement.
Conclusion
As we have seen, dashcam footage can play an invaluable role in personal injury cases by providing objective evidence of how an accident occurred. Though there are some limitations, such as restricted views, when used properly, dashcam videos give the court and insurance companies definitive proof of fault and liability. Going forward, more drivers should consider installing dashcams in their vehicles. The small upfront investment could end up making a huge difference if you are ever involved in an accident. Not only can footage help resolve your own claim faster, but it can also prevent fraud and protect innocent drivers from false accusations. Despite, lawyers at Fletcher Law are always a call away. Dashcams benefit all parties by promoting accuracy and transparency after collisions. For your own good, as well as for the good of the driving public, mount one on your dashboard today.