Can Dashcam Footage Help or Hurt Your Car Accident Claim?
According to recent statistics, 10-18% of U.S. drivers use dashboard cameras while operating their vehicles. These cameras have become increasingly popular in recent years, as advancements in technology have made them easier to find, cheaper to buy and more intuitive to install and use. Many drivers feel safer knowing their maneuvers are caught on camera, as dashcams offer a clear, unbiased record of what happens on the road.
From fender-benders to catastrophic collisions, dashcam footage can make a world of difference in a variety of car accident claims. But how exactly does dashcam footage play a role in the average claim process? Let’s take a detailed look at how dashcam footage can help (or hurt) your car accident claim and how an experienced car accident lawyer can leverage digital evidence like video footage into a legal victory.
What is dashcam footage?
Dashboard cameras – or “dashcams” as they’re often referred to – are small recording devices installed on the dashboard of motor vehicles. Dashcams can come in many different shapes and sizes and may record automatically and continuously or be controlled manually by drivers. Dashcams may affix to the dashboard of a car itself or be suctioned to the vehicle’s windshield depending on the design of both the camera and the car. While the term “dashcam” most commonly refers to cameras mounted towards the front of a car, some drivers may choose to add cameras to the rear of a vehicle to capture footage of what’s going on behind them.
Dashcams differ from back-up cameras in that dashcams do not engage only when a vehicle is put in reverse. Additionally, most back-up cameras are intended to give drivers a clearer view of the rear of a vehicle when they are parking or backing their vehicle out of a tight spot, while dashcams are meant to continuously record and store footage of a car’s surroundings.
The footage captured by a dashboard camera can contain incredibly valuable information about how a driver was maneuvering their vehicle before, during and after a collision, making this content a potentially critical piece of evidence in a car accident claim. The footage from a dashcam may automatically be stored in the cloud and retained for a certain amount of time prior to being deleted or overwritten so it’s highly advisable to look through your dashcam captures right away following a crash.
The role of dashcam footage in car accident claims
Car accident claims often involve a certain amount of “he said, she said,” which can make it difficult for injured victims to prove their case. But with strong physical evidence, digital proof and reliable eyewitness testimony, injured parties can build a compelling argument for liability and pursue the compensation they deserve. Here are some of the ways dashcam footage can help accident victims build a case:
Provide clear evidence of fault
Unlike personal accounts and other kinds of evidence, dashcam footage is pretty difficult to dispute. As long as a dashcam has a clear, unobstructed view of a collision, it can show:
- Sudden lane changes
- Speeding
- Ignoring traffic signals
- Failure to yield
- Road conditions
- Hazardous conditions like insufficient lighting and poor signage
When liability is unclear, video evidence like dashcam footage can be invaluable in demonstrating who was at fault and laying the foundation for a claim.
Support a victim’s description of events
Even though insurance companies are supposed to operate in good faith, it’s not unusual for victims of car accidents to have their claims erroneously denied or undervalued. If there’s disagreement about the facts of a case or contradictory claims about liability, objective video evidence becomes crucial.
Dashcam footage can corroborate an injured party’s version of events and help prevent misinterpretation or manipulation of facts. Subsequently, it’s important that dashcam footage be located and provided to insurance representatives as soon as possible after an accident so as to prevent any bad actors from twisting the narrative.
Demonstrate the full scope of harm
In many cases, dashboard cameras record more than just the moment of impact in a collision. These cameras can capture any and all factors that may have contributed to a crash in the moments prior to impact, as well as the events that unfolded after an accident. Sometimes, dashcams can capture the reactions and behaviors of involved drivers in the moments following a crash.
This footage may show that an accident victim was severely emotionally distressed or in obvious physical pain after the collision. This kind of indisputable documentation can support future claims for damages related to emotional distress and physical pain and may even serve as a compelling basis for claims related to future physical and emotional symptoms.
Help in hit and run investigations
Over the last two decades, New Jersey has seen a notable increase in the number of hit and run accidents that occur each year. Hit and run crashes can be particularly frustrating for injured motorists, as they may not know who to hold accountable for the harm they must endure. While hit and run accidents are technically subject to investigation by local law enforcement, these cases are hard to solve and many go cold.
Thankfully, if an accident victim has a dashcam in their vehicle, law enforcement may be able to obtain clear video evidence of the at-fault driver’s vehicle and conduct – making it easier to steer an investigation in the right direction. Even if the fleeing driver is not found, dashcam footage can serve as the cornerstone of the injured party’s uninsured motorist claim by clearly showing that the accident was caused by another driver who failed to remain at the scene of the accident.
Can dashcam footage hurt my claim?
In a word: Maybe.
If your dashcam footage contradicts your account of the accident, it likely won’t help your claim. However, New Jersey follows a modified comparative negligence system which means that if you are found to be 50% or less responsible, you may still file a claim for compensation. The court will reduce your final settlement in accordance with your level of fault. For example, if you are deemed 25% responsible for your own injuries, your settlement will be reduced by 25%.
If you attempt to claim that another party was 100% responsible for your injuries, but your dashcam footage captures you engaged in behaviors that contributed to an accident, it may impact your case. Even still, it is vital that you not attempt to tamper with your dashcam footage in any way prior to submitting it with your claim – even if you think the footage paints you in a negative light. Doing so could raise serious questions about your credibility and do far more harm than good in the long run.
How to get more mileage out of your dashcam footage
If the facts are in your favor, dashcam footage can seriously strengthen your car accident or personal injury claim. Here are a few tips for ensuring your dashcam footage goes the extra mile:
- Use a high-quality device: Choose a dashcam known for reliability and image clarity. It’s generally recommended that users look at models with 1080p resolution or better, as well as GPS timestamps.
- Secure and protect the original files: You must be extra careful not to accidentally overwrite footage after a crash. As soon as you are able, you should follow the instructions provided with your camera to save and/or back up the video file to prevent inadvertently losing the evidence. Maintaining the footage in its original format can help dispute claims of evidence tampering and allow the video to take centerstage in a claim or court case.
- Do not admit fault in view of the camera: It’s natural to discuss the accident right after it happens, but it’s important that you refrain from making any admissions of fault when a camera is rolling. It’s natural to want to debrief with loved ones or even with law enforcement in the moments after a crash, but if your dashcam captures your admission of fault, you may find yourself facing a steeper climb during insurance disputes or settlement negotiations.
- Contact an attorney as soon as possible: In New Jersey, the statute of limitations in car accident cases is two years, which means it’s crucial that you bring your dashcam footage to an experienced attorney ASAP. A trusted car accident attorney can help authenticate and preserve the video evidence and advise you of how best to leverage it during the claim process.
As long as you do your due diligence, you should be able to effectively use dashcam footage of an accident to strengthen your insurance or personal injury claim. Like any tool, the benefits afforded by dashcam evidence are entirely contingent upon how it is used. But as long as the footage matches the facts, dashcam footage may very well serve as the proverbial “smoking gun” in your case.
If you’ve been involved in a car accident in the state of New Jersey and believe you may have captured video evidence via dashcam, the trusted team at Ferrara & Gable, LLC might be able to incorporate the footage into your claim for compensation. Our dashcam-savvy accident lawyers have over 50 years of experience working with accident victims in Cherry Hill and the surrounding areas, and we would be happy to review your footage, assess its impact and advise you of the most appropriate next steps in your case.
Give us a call today to schedule a free consultation with a member of our team, and let’s talk about how we can help you maximize the value of your dashcam evidence and fight for the compensation you deserve.