Using Dashcam Footage in Auto Accident Claims

You need to gather as much evidence as possible when pursuing an auto accident case. That way, you will leave no doubt that the defendant is liable for your damages - and that you deserve compensation. One way you can gather evidence is to use footage from dashboard cameras (dashcams) to support your claim. Below are some things you should know about dashcam footage evidence.

Dashcams Have Variety of Useful Features

Dashcams come with a variety of features that can help with your auto accident claim. For example, some dashcams:

• Stream their footage directly onto the internet
• Record both audio and video
• Record views both in front and to the rear of the car

A dashcam that captures both audio and video might capture the other driver apologizing for not seeing you even if the camera doesn't capture the footage. You may use the audio recording to prove the driver's distraction just before the crash. 

Footage Acceptance Isn't Automatic

The court won't automatically accept your dashcam recording. Below are some factors that determine whether the court can accept dashcam evidence.

The Recording Location

In most cases, you have the right to record footage in public places. For example, you can record public roadways without breaking any law. However, the court might not accept recordings on private property since they are illegal. The exception is if the property owner consented to the recording.

The Jurisdiction

Different jurisdictions have different laws and regulations on dashcam usage or recordings. The jurisdiction in which the accident occurs will determine whether your recording is legal, and you can use it as evidence. For example, New Jersey allows recording in public places, but not in private places where one reasonably expects privacy.

The Type of Recording

As previously mentioned, some dashcams record both audio and video. Some even record video footage of the car's interior. You might not have a problem with such recordings if you were the car's sole occupant at the time of the crash. However, recording other people's conversations or actions might require their consent.

Footage Preservation

You may have to prove that you haven't tampered with or edited the footage. Ideally, the recording should be in its original format and media. For example, if the dashcam saved the recording in a memory card, leave it there. Don't transfer the footage to your phone or laptop for editing.

Identifying Features

Ideally, anyone looking at the footage should be able to identify whatever they see. That means the footage should be clear and clearly show whatever you want the court to see. For example, a dashcam camera that only captures clear footage during daytime might not be useful for a nighttime accident.

Some dashcams also time stamp their footage. That feature allows anyone to verify the date and time of the footage. Time-stamping is useful for single-vehicle accidents where you need to confirm that the accident occurred at a specific time.

Dashcam Footage Is a Double-edged Sword

Lastly, dashcam footage can help or break your case. For example, dashcam footage showing another motorist driving over the centerline can help you prove the motorist's negligence. However, dashcam footage showing you running a red light might hurt your case. Thus, both the plaintiff and defense sides can use dashcam footage as evidence in an auto accident case.

Thus, you should have an auto accident lawyer review your footage before you present it as evidence. The lawyer will analyze the evidence so that the defense doesn't blindside you during testimony.

Dashcam footage is just one form of evidence for your auto accident claim. Medical bills, witness testimony, and pictures of the damage and injuries can also help. Contact Borbi, Clancy & Patrizi to help you put the evidence together in a coherent manner. We will use our experience to help you pursue the damages you deserve.