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Can Dashcam Footage Help a Personal Injury Claim?

By Grant Law Office on May 15, 2023

Car video camera attached to the windshield to record driving and prevent danger from driving

A dashcam is a small camera that can be mounted on the windshield or dashboard of a car, recording the road ahead. These devices usually begin recording after a car is turned on and cease to record when the engine is off. Although dashcams tend to have an internal memory, making it easy to view recordings later. The evidence your dashcam provides in the event of an accident could play a significant role in a personal injury claim, which is why this useful tool has become a must-have.

How a Dashcam Could Help Your Case

In a personal injury claim, a dashcam could provide solid evidence to substantiate your claim, unlike anything else. Testimonies can become a battle of he-said-she-said, with an uncertain outcome. On the other hand, a dashcam could show what happened before the crash and who is responsible. These are some different ways in which a dashcam could help your case:

  • It could clear you of any responsibility for the accident.
  • It could contradict the other driver’s account of what happened.
  • It could demonstrate the severity of the car crash.
  • If it were a hit-and-run accident, the dashcam could capture the license plate number as well as the make and model of the vehicle.
  • It could corroborate your account of events.

Obtaining Dashcam Footage for a Claim

If your vehicle is not equipped with a dashcam but other vehicles involved in the accident were, your attorney could request the footage. No matter who was at fault for the accident, they have a legal duty to preserve this evidence. Your attorney could submit a subpoena to obtain the footage and footage from any other cameras that might have documented the accident, such as traffic cameras or cameras from nearby businesses. Although traffic cameras could be helpful in a claim, they are not as effective as dashcams because:

  • They are not placed at every intersection, so if your accident happens at an intersection without a camera, no footage will be available.
  • Even if your accident happens at an intersection with a camera, these cameras do not capture every angle.
  • Traffic cameras are not always reliable, and, in some cases, the recorded footage is quickly overwritten and may not be available as evidence.

If you have dashcam footage of your accident, it could be used in court to help establish a clear timeline of events. Since memories fade with time, the footage could also help keep the events of the accident fresh in your mind so you are prepared to testify, if necessary.

Challenges You May Face When Using Dashcam Footage

Dashcams are legal in all 50 states, but that does not mean you will not face any challenges when trying to use them as evidence in your personal injury claim. There may be issues with the quality or clarity of your footage, you could experience obstacles with the chain of custody, and there may even be objections from opposing counsel. With an experienced Atlanta car accident attorney on your side, you could improve your chances of obtaining a more favorable result.

Schedule a Free Case Evaluation with a Skilled Atlanta Personal Injury Attorney Today

If you were involved in a motor vehicle accident and had a dashcam, the footage could help you seek compensation in a personal injury claim. At Grant Law Office in Atlanta, our personal injury team could provide the knowledgeable guidance and representation you need to navigate your case. Call us today at (404) 995-3955 to schedule a free consultation to discuss your case.

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Posted in: Auto Accidents

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Grant Law Office Disclaimer: The legal information offered herein by Grant Law Office, is not formal legal advice, nor is it the formation of an attorney client relationship. In order for our firm to be considered your attorney there must be a signed agreement between the client and the firm. Any results set forth herein are based solely upon the circumstances of that particular case and offer no promise or guarantee on the outcome of any other case. Please contact a lawyer for a consultation.

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