Can You Use Dash Cam Footage as Evidence?
Whether involved in an accident or not, you may be trying to think of ways to protect yourself and prove your side of the story if you ever need to. There are many ways to do this, such as photographs, medical records, accident reports, and journal entries.
However, dash cam footage might have also crossed your mind. A dash cam is a small camera that is placed on your dashboard and records while your car is in motion. This device is able to capture a clear view of what happens in a car accident.
While Alabama does not allow objects to be placed on a windshield, you can use a dash cam as long as it is on the dashboard and does not obstruct your view in any way. If you have space for your dash cam on your dashboard, it is important to remember that you cannot record footage from your dash cam in any type of private place or setting. You must be somewhere public at all times when using or recording footage on your dash cam.
Dash cams are mainly meant to record footage from outside the vehicle, but a truck or rideshare driver may use a dash cam to record the interior of the vehicle. If the dash cam records audio, you must have permission from anyone who enters your vehicle to record any conversations.
If you have dash cam footage that supports your claim, you should speak to your attorney about using it as evidence. You can provide the footage to your lawyer, and they will use the information to help build your case.
Can dash cam footage help my car accident case?
Dash cam footage can help your Huntsville or Decatur car accident case. This footage can prove what happened before and during the accident, what caused the crash, and who is at fault. Therefore, this footage is often used in car accident cases to help establish liability and to provide a clear and in-depth picture of the series of events that took place and led to the accident. In addition, dash cam footage is usually considered unbiased evidence. Unbiased evidence is some of the most powerful information you can present to back up your claim. Here are a few of the different factors that a dash cam may capture to help your car accident claim:
- Weather conditions: Dash cam footage can capture the weather at the time of the accident. Recordings can provide evidence of rain, snow, fog, or other adverse conditions that may have contributed to the crash. This can support claims about visibility issues or slippery roads and suggest that anyone traveling at higher speeds was negligent.
- Traffic lights and signs: Footage can show whether traffic lights were red or green and if either driver missed or ignored any signs. This evidence is crucial in establishing who had the right of way.
- The speed of the vehicles: Dash cams often have speed overlays, showing the speed of your vehicle at the time of the accident. It can also provide visual evidence to estimate the speed of other vehicles. Not only can it help you show the other driver was negligent for speeding, but it can also help you refute arguments meant to reduce your damages by claiming you were also speeding and, therefore, negligent.
- Points of impact: Footage can clearly show where and how vehicles collided, which helps to reconstruct the accident and determine fault.
- Whether you or the other vehicle hit their brakes: Dash cam footage can reveal if and when you or another driver applied the brakes. This information helps illustrate attempts to avoid the collision.
- Road conditions: The camera can capture road conditions such as potholes, debris, or road construction that might have contributed to the accident.
- Presence of eyewitnesses: Footage might show bystanders or other drivers who witnessed the accident. This can help you identify and locate potential witnesses to support your claim.
If the insurance company is disputing your claim or refusing to offer you fair compensation, dash cam footage may be beneficial to show that you are not at fault and deserve the financial recovery that you are requesting.
Can you access another driver’s dash cam footage?
Yes, your Huntsville car accident lawyer may be able to help you access another driver’s dash cam footage to support your case. However, they may need to file a subpoena to obtain the footage as the other driver will likely put up a fight to hand it over to you, especially if they know that it may serve as evidence that they were at fault. If you are thinking about requesting the other driver’s dash cam footage, you should speak to your attorney about it as soon as possible; the longer that you wait, the more likely that the footage may become overwritten or tampered with.
If you or a loved one has recently suffered injuries in a car accident, the Huntsville car accident attorneys at Martin & Helms are here to assist you. Our team can ensure that your accident claim is supported by strong and convincing evidence, including dash cam footage if available. If you have not been in an accident and are wondering if you should install a dash cam, it is definitely a good idea to do so. These devices have been known to make a significant difference in the outcome of car accident cases. For any other questions or to find out how we can use your dash cam footage to fight for your right to compensation, schedule a free consultation today. Call our office or submit our contact form today. We have offices in Huntsville and Decatur, and we also serve clients in Madison and Athens.
Attorney Tara Helms has represented injured individuals and their families in a wide range of personal injury and wrongful death claims, including car accidents and truck accidents, workplace accidents, and more. Contact Martin & Helms now.