If I Have a Dashcam, Can It Help Me In My Car Accident Lawsuit?
Today, cameras are constantly present. You have cameras on your mobile devices, at home, in business, in traffic lights, etc. However, in the recent past, most dashcam video recorders were primarily used by law enforcement. Still, every day, more motorists purchase and install dashcams in their private vehicles, but there are rules for their use. These devices help to keep them safe and, at times, more importantly, record what happens if they’re involved in a car accident.
In many accident cases, dashcam footage can be invaluable, providing clear and unbiased evidence of what occurred.
Unlike witness testimonies, which can vary greatly, or reconstructed crash scenarios, dashcam footage offers a real-time accident record. This hard-to-refute evidence shows precisely how your accident unfolded, and if used by a professional, it can be of significant use when proving fault. This video can also be used to dispute false claims, corroborate witnesses’ accounts, and provide context that could otherwise be disputed.
Also, when professionally and expertly presented to the court, a dashcam may capture highly critical details that could otherwise be overlooked in the aftermath of an accident. These details include the actions of other drivers on the road, road conditions, traffic signals, etc. This is all significant information that may be crucial in determining liability in your case.
An experienced and thorough Encino car accident lawyer will legally use this convincing evidence to clarify complex scenarios, which can help strategically build you a much stronger case.
The Landscape in California and How To Understand How Dashcam Footage May Be Used?
Under the right circumstances, dashcams can help your case, but it’s also essential to understand how the California legal framework for determining fault operates.
California operates under what’s known as the “pure comparative negligence” system. This means that legally, even if you are partially responsible for your car accident, you may still be able to recover damages. However, your compensation will be reduced by your percentage of fault for the crash.
For example, if the court finds you 20% at fault and you’re awarded $200,000, you will only receive $160,000. This makes using clear, convincing, and irrefutable dashcam evidence invaluable to your case, but it could also sometimes work against you.
Insurance companies and other drivers’ lawyers usually rely on witness testimony, police reports, photographic evidence, etc., to determine fault. However, these methods can be fallible and leave significant room for interpretation and disputes. However, when a dashcam is used, it provides a transparent and highly unbiased perspective, which your lawyer will use to full advantage.
When presented in court, dashcam footage can be significant evidence that supports your side of the accident. Judges and juries usually place a high value on visual proof as it overcomes all the noise of contradictory statements.
In most accidents, each driver’s (and possibly witnesses) accounts of what happened can differ wildly. Witnesses can forget details and may completely omit others. But, when your detail-oriented, experienced car accident lawyer can provide a first-hand video recording of the accident, many critical details can be verified.
What Is The Usual Role of Dashcams in Proving Fault in My Accident Case?
Most of us are now familiar with dashcams. They are mounted on your dashboard or windshield and provide continuous, non-interrupted video of the road ahead (and possibly the rear of your vehicle as well).
This constant surveillance makes these cameras extremely valuable, as they capture all incidents as they happen and provide strictly objective evidence.
Just some of the things they can add to your case are:
- Their evidence is concrete – Dashcam footage usually shows, in detail, what occurred before, during, and after your accident. Details include the vehicle’s speed, use of their signal lights, traffic light operations, road and weather conditions, and more. All these things can help enormously to establish precisely who was at fault; this is at the heart of your case.
- They provide clarity in highly complex cases – Many car accidents today are complicated. They can involve multiple vehicles and conflicting accounts of what occurred. Dashcam footage can eliminate all this ambiguity and make it extremely easy to determine fault in multi-car pile-ups, hit-and-run cases, and more.
- They can support your legal claims – When professionally presented in court, dashcam footage can serve as vitally strong evidence to support your story of how the accident occurred and your version of events.
Additionally, dashcam footage can expedite the entire legal process in many car accident cases by providing almost irrefutable, immediate, and conclusive evidence. This reduces the need for lengthy investigations and may speed up your settlement; dashcam footage can significantly improve your chances of obtaining the compensation you need and deserve.
Usually, How is Dashcam Footage Used in Court, and Can it Be That Useful?
Of course, every case differs, and the value of your dashcam footage in your car accident and personal injury claim will depend on the quality of the footage, the angle it’s taken, and precisely what it captured, but in most cases, it can be invaluable.
Let’s say you have a low-end dashcam. Due to technical limitations, it might not provide a wide enough angle or high enough picture quality to provide the needed information.
However, a medium to excellent dashcam can provide enough visible and valuable information to help you prove the at-fault driver’s liability. Some dashcams even allow you to gather evidence about the other driver’s estimated speed, road, and weather conditions when your brakes were applied, the angle of the collision, etc.
This real-time video can additionally show other details, such as the other motorist running a red light or stop sign before crashing into your vehicle.
You must note that it’s almost always the case that the other driver and their insurance company will attempt to deny what occurred and put as much blame on you as possible. In this situation, dashcam video can completely debunk their claims and help your skilled, passionate, and diligent car accident lawyer get the full compensation you need to recover and thrive.
I’ve Been Injured In a Car Accident and Do Have Dashcam Footage; How Should I Proceed?
Dashcam footage will almost always assist your professional and compassionate car accident lawyer to cut through these legally complex cases and explain how the accident caused your injury and who was at fault.
Of course, every case and its exact circumstances differ. Still, if you were injured in an accident caused by someone else, your reliable and well-versed car accident lawyer would usually be able to use your dashcam footage to determine liability and convince the insurance company to offer you a fair and just settlement.
The highly experienced and empathetic car accident lawyers at the V&A Law Firm know how devastating a car accident can be for you and your family. Don’t hesitate to get the professional, diligent legal help you need. Call them today at (818) 369-3270 for a free fifteen-minute evaluation of your case. They’ll fight for your rights from beginning to end; you don’t have to be alone when so much is at stake.