Car accidents are often chaotic, and determining who is at fault can be challenging, especially when drivers offer conflicting versions of events. Witnesses may be unreliable, and physical evidence like skid marks or vehicle damage may not tell the whole story. This is where dashcam footage becomes a game-changer.
Dashcams provide video evidence of exactly what happened before, during, and after a collision. This clear, objective footage can be used to prove who was at fault, support your insurance claim, and even strengthen your case in court. But how exactly does dashcam footage play a role in car accident claims?
We’ll explain how dashcam footage is used to determine fault, what makes it admissible in court, and how a Wright Gray Harris attorney can help you use it to secure the compensation you deserve.
How Dashcam Footage Can Prove Fault in a Car Accident
One of the biggest benefits of dashcam footage is its ability to show what happened during the crucial moments leading up to an accident. Unlike witness testimony, dashcam footage provides a clear, unbiased visual record. Here are some of the most common ways dashcam footage can be used to prove fault:
1. Capturing Traffic Violations
If another driver runs a red light, speeds, fails to yield, or engages in reckless driving, dashcam footage can clearly capture this behavior. For example, if another driver blows through a stop sign and crashes into your car, your dashcam footage will provide undeniable proof that the other driver was at fault.
2. Disproving False Claims
Sometimes, the at-fault driver will try to shift blame to you by providing a false account of the accident. For example, they may claim you were speeding or failed to signal. Dashcam footage can refute these claims by showing your speed, turn signals, and the movements of both vehicles leading up to the accident.
3. Proving Rear-End Collisions
In most cases, the driver who rear-ends another vehicle is automatically considered at fault. However, if the at-fault driver claims that you “suddenly stopped” or “brake-checked” them, dashcam footage can show that your stop was justified (like stopping for a pedestrian) and that the other driver was following too closely.
4. Documenting Road Conditions
If hazardous road conditions — like potholes, debris, or ice — played a role in the accident, dashcam footage can document these hazards. This could be important if you need to file a claim against a government entity responsible for road maintenance.
5. Catching Distracted or Impaired Drivers
Dashcams can record drivers swerving, texting, or driving erratically before a crash occurs. If the at-fault driver was under the influence of drugs or alcohol, dashcam footage can capture signs of impaired driving, such as swerving, drifting between lanes, or delayed reactions.
With clear visual evidence from a dashcam, insurance companies are less likely to dispute your claim, and you’ll have a stronger case if you need to go to court.
Is Dashcam Footage Admissible in Court?
Yes, dashcam footage is generally admissible in court, but certain conditions must be met. Courts treat dashcam footage as digital evidence, similar to security camera footage or smartphone videos. Here’s what makes dashcam footage admissible:
- Relevance: The footage must be relevant to the case, meaning it must provide insight into who was at fault or how the accident occurred.
- Authenticity: You’ll need to prove that the footage is authentic and unaltered. This is usually done by showing the original recording from the dashcam’s storage device.
- Clear Visibility: The footage should clearly show the events leading up to the crash. If weather conditions, poor lighting, or a blocked view affect the quality of the video, its usefulness in court may be limited.
- Chain of Custody: To ensure that the video hasn’t been tampered with, you’ll need to demonstrate that it has been securely stored and transferred properly.
If you’re concerned about the admissibility of dashcam footage, a Wright Gray Harris attorney can review the video and ensure it meets the necessary standards for use in court.
How to Use Dashcam Footage in an Insurance Claim
Insurance companies are always looking for reasons to deny or undervalue claims, but dashcam footage can help you counter these tactics. Here’s how you can use dashcam footage in an insurance claim:
1. Submit the Footage Early
As soon as possible after the accident, notify your insurance company that you have dashcam footage. Send a copy of the video, but keep a backup for yourself. The earlier you submit the footage, the faster your claim may be processed.
2. Share the Footage With Police
If police respond to the scene of the accident, let them know that you have dashcam footage. They may include the footage in the official police report, which can support your insurance claim.
3. Provide a Copy to Your Attorney
If you hire a Wright Gray Harris attorney, share the footage with them so they can use it to build a stronger case. Your attorney can analyze the video, highlight key moments, and submit it as evidence if your case goes to court.
4. Avoid Posting It Online
While it may be tempting to share your dashcam footage on social media, this is not a good idea. Insurance companies and defense attorneys may search your social media for evidence they can use against you. To protect your case, only share the footage with your attorney and insurance company.
The Benefits of Having a Dashcam in Your Vehicle
If you don’t already have a dashcam, you should consider getting one. Dashcams offer significant benefits for drivers, especially when it comes to insurance claims and accident disputes. Here are some of the key benefits:
- Clear Evidence of Fault: Dashcam footage can provide clear, objective evidence of who was at fault.
- Protection Against Fraud: If someone stages a “swoop and squat” accident (where a driver intentionally causes a collision to collect insurance money), dashcam footage can prove the accident was staged.
- Faster Insurance Claims: Submitting dashcam footage to your insurer can speed up the claims process and increase your chances of getting a fair settlement.
- Reduced Legal Disputes: If your case goes to court, having dashcam footage can eliminate the “he said, she said” aspect of the case.
For a small investment in a dashcam, you can protect yourself from unfair accusations and ensure you have the evidence you need after an accident.
How a Wright Gray Harris Attorney Can Help You Use Dashcam Footage
If you have dashcam footage of your car accident, a Wright Gray Harris attorney can help you use it to your advantage. Here’s how our attorneys can support you:
- Review the Footage: We’ll review the video to identify key moments that prove the at-fault driver’s negligence.
- Submit the Footage to Insurance Companies: We’ll submit the footage as evidence in your insurance claim, increasing your chances of a higher settlement.
- Ensure Admissibility in Court: If your case goes to trial, we’ll ensure the dashcam footage is admissible in court and used to its fullest potential.
- Challenge Counterclaims: If the at-fault driver claims you were responsible for the accident, we’ll use the footage to disprove their story.
With an experienced attorney on your side, you won’t have to worry about whether your dashcam footage is being used effectively. We’ll make sure it’s presented in the most powerful way possible.
Contact Wright Gray Harris
If you’ve been involved in a car accident and have dashcam footage of the crash, you have a valuable tool to prove fault and increase your chances of receiving fair compensation. But handling the footage correctly is essential.
At Wright Gray Harris, our experienced car accident attorneys will review your dashcam footage, file your insurance claim, and ensure the footage is used to its fullest potential. We know how to deal with insurance companies, negotiate settlements, and fight for your right to compensation.
Call Wright Gray Harris today for a free consultation. We’ll review your dashcam footage, explain your legal options, and help you pursue maximum compensation.