If you’re considering filing a lawsuit following a road crash but you’re not sure whether you’ll be able to support it with solid evidence, you may well be wondering about the role of dashcam footage in car accident claims.
The good news is that if you have a dashcam, its footage is likely to be very useful in your case. Even if you don’t have one yourself, you might (with the help of an experienced car accident lawyer) be able to access footage from the dashcam of another vehicle on the road at the time of your collision.
For a more detailed look at how all this works, keep reading.
A dashcam (or dashboard camera) is a small video recording device mounted inside a vehicle. It continuously records the road ahead (and sometimes behind, depending on the model) while you drive. Most dashcams plug into vehicles, using the engine as a power source.
A basic dashcam starts recording when you start your car and stops when you turn it off.
Most dashcams save footage to a memory card, usually a microSD. The capacity of the card determines how much footage the device can store. For instance:
Generally, cameras work on a continuous loop, meaning older footage is overwritten automatically once the camera’s memory card is full. However, it should be possible to save footage manually. Some models also save footage automatically when they register a collision or another type of noteworthy event.
If you’re in an accident, you should try to pull the memory card out of your dashcam or back up its footage immediately, if it’s safe to do so.
What happens if the other driver involved in your accident has a dashcam, and their footage could help your case? If the footage might incriminate that party, can they refuse to share it?
Your attorney can help obtain dashcam footage in a situation like this, but doing so is not always straightforward. Pennsylvania law allows for the subpoena of relevant evidence during a car accident lawsuit. However, the other party might try to fight this tactic in various ways, such as by claiming the footage is inaccessible or that it’s irrelevant to the case. You’ll need a capable lawyer in your corner if such a situation arises.
To learn more about the potential role of an attorney here, contact us to schedule a free initial consultation about your case.
Dashcam footage can provide a clear, objective view of how your crash occurred and who was at fault. Unlike eyewitnesses, video footage doesn’t get mixed up or forget crucial details.
Without this kind of hard evidence, insurers might seize on any uncertainty to reduce your settlement or deny your claim outright.
Dashcams provide unbiased, real-time accounts of what happens before, during, and after car accidents. If you’re pursuing a personal injury claim, this is extremely valuable.
Dashcams have other uses as well, including:
Before installing one, though, bear in mind that recordings of your own driving could potentially be used against you in a future case related to a traffic violation. It’s also important to be aware that some states restrict the use of devices that obstruct the windshield, record audio without consent, or record video footage on private property without consent.
Video footage is the gold standard when it comes to car accident evidence, and dashcams are typically the most convenient way to find it. Without useful dashcam footage, though, there are still plenty of ways to prove a case.
Surveillance cameras are becoming increasingly common in Philadelphia, and they often provide valuable footage of car accidents. Your attorney will be able to assess whether any nearby businesses or residences will have useful footage and request it if necessary.
If you happen to notice any cameras at the time of an accident, you should take note of their location and who owns them. It’s critical to act quickly when seeking surveillance footage, as many systems overwrite recordings within days or weeks.
Eyewitnesses can provide context that dashcams or surveillance footage might miss. For example, they could describe erratic behavior by another driver in the moments leading up to the crash. Your attorney may decide to interview witnesses, collect statements, and use their accounts to corroborate your version of events.
The police typically arrive to the scene of every car accident that causes injuries or property damage in order to file a report. These reports (which are accessible via the Pennsylvania State Police website) are frequently crucial indicators of liability in settlement negotiations. However, they are not generally admissible as evidence in court.
They generally include details about:
Technology has changed the car accident claims process in a number of ways. Years ago, the testimony of eyewitnesses and analysis of crash sites were almost always the key factors when it came to establishing liability; nowadays, reliable footage of accidents is much more common.
If you think dashcam footage will prove your case, you need to do what you can to get your hands on it and present it properly. An attorney can help you do this.
Contact the Cochran Firm in Philadelphia today to start the process with a free initial consultation. You can reach us via our online contact form or call us at 800-969-4400. Don’t delay; the sooner you approach us, the easier it will be for us to track down the relevant footage and use it to build a winning case.