The Role of Dashcam Footage in Personal Injury Cases

The Role of Dashcam Footage in Personal Injury Cases.

Dashcam footage can be crucial evidence to prove fault in a personal injury case involving a car accident. It can provide an objective account of how the crash occurred and the sequence of events that led up to the collision. Unlike eyewitnesses to the accident, who may be inaccurate in recalling the details about how the accident happened, dashcams do not have memory limitations. Accordingly, dashcam footage in car accidents can be determinative of liability — and help ensure a victim receives the compensation they deserve for their injuries.

What is Dashcam Footage?

A dashcam is a small device in a vehicle mounted to the dashboard that captures footage of events on the road. There are several different types of dashcams that may be installed in a vehicle, including single-channel dashcams that record only from the front of the vehicle, and dual-channel dashcams that record from both the front and rear. While 360-degree dashcams provide a complete view of the vehicle’s surroundings (without blind spots), rear-view dashcams only focus on the area behind the vehicle.

It's important not to confuse dashcam footage with surveillance footage. Although it can also be vital evidence in a personal injury case, surveillance footage in a car accident case is typically captured by traffic cameras or security cameras by nearby businesses — and is broader in context. In contrast, the footage recorded by a dashcam typically offers the victim’s perspective and can capture specific details that are essential to understand how the accident occurred.

How Can Dashcam Footage in Car Accidents Be Used to Prove Fault?

Dashcam footage in car accidents is valuable evidence. Importantly, it can provide an unbiased and objective recording of the accident to bolster a victim’s injury claim and establish fault. These devices can help resolve discrepancies between witnesses and counter false narratives from other drivers. In addition, they can document critical details concerning the collision, such as the time, date, and precise location where the accident occurred.

Dashcam footage can also be used to do the following in a personal injury case:

  • Demonstrate the severity of the impact
  • Reveal the driver’s actions prior to the collision
  • Link the accident to the victim’s injury
  • Show speeding, reckless driving, illegal turns, or any other traffic violations that caused the accident
  • Identify the liable parties in the accident
  • Show any road defects or weather conditions that contributed to the accident
  • Document the physical damage caused by the car crash

Insurance companies often attempt to deny car accident claims outright. However, dashcam footage can present indisputable evidence of their insured’s negligence. This can help to streamline negotiations and expedite the settlement process. But if the insurance company refuses to settle, regardless of the strength of the dashcam footage, it may be necessary to proceed to trial in the courtroom.

Does Dashcam Footage Have Limitations?

Even though dashcam footage in car accidents can be key evidence, these devices do have certain limitations — and additional evidence may be needed to prove a claim. For example, depending on the type of dashcam in the vehicle, it may only record what is happening in the front or rear. This may result in limited evidence for a T-bone collision or sideswipe.

Additionally, dashcam footage from a vehicle might only be as good as the quality of the recording. If the camera’s footage is not clear — or it is affected by lighting or inclement weather — the recording may not be as effective to a jury.

Can Dashcam Footage Be Used Against a Victim in a Car Accident Case?

As much as dashcam footage can be helpful, it can sometimes be harmful to a victim’s personal injury matter. If a victim’s actions did contribute to the accident, the dashcam footage may reveal these unfavorable details. For instance, dashcam footage in car accidents may show that the victim failed to yield or ignored a traffic signal. But this doesn’t necessarily bar a victim from recovering for their injuries.

A defendant in a personal injury matter will often try to argue comparative fault. In other words, they will attempt to assert that the victim is to blame for their injuries. However, it’s important to understand that under Alaska’s pure comparative negligence law, a victim can still recover compensation — even if they are up to 99% percent to blame for the crash. The amount they would be eligible to receive would be reduced based on their percentage of fault.

Contact an Experienced Alaska Personal Injury Attorney

If you suffered injuries in a car accident caused by someone else’s negligence, you may be entitled to file a personal injury action to recover your damages. However, it’s essential to have a knowledgeable personal injury attorney by your side who knows how to use dashcam footage and other evidence to your advantage to ensure you receive the maximum compensation you deserve.

Proudly serving accident victims in Anchorage, Soldotna, Kenai, Palmer, Wasilla, and other areas of Alaska, The Trial Guy, Eric Derleth, is dedicated to representing clients for a broad scope of personal injury matters, including those involving car accidents. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.

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