The Role of Dashcam Footage in Car Accident Litigation
Car accidents are an unfortunate reality on Maryland’s roads, often resulting in significant injuries, emotional distress, and financial losses. When an accident occurs, determining fault and securing fair compensation can be a complex process, especially when the parties dispute the facts of the incident. In these cases, dashcam footage can play an important role. Dashcam footage can provide invaluable evidence in car accident cases, helping to clarify the facts, establish liability, and ultimately support the pursuit of justice for car accident victims.
What is dashcam footage?
Dashcam footage is video recorded by a small camera mounted on a vehicle’s dashboard or windshield. These cameras continuously capture the road ahead (and sometimes behind), recording everything from traffic conditions to the behavior of other drivers. Some dashcams also include features like GPS tracking, speed monitoring, and audio recording, which can further enhance the value of the footage.
Why is dashcam footage important?
For Maryland car accidents, dashcam footage can serve as an unbiased witness, providing a real-time account of the events leading up to, during, and after a collision. Unlike eyewitness testimony, which can be influenced by factors such as memory lapses or personal bias, dashcam footage offers a factual and unaltered perspective of the incident. This makes it a powerful piece of evidence in car accident litigation.
Admissibility in court
One of the first questions clients often ask is whether dashcam footage is admissible in court. In Maryland, the answer is generally yes. Dashcam footage is considered a form of digital evidence and can be presented in court, provided it is relevant to the case and has not been tampered with. For the footage to be admissible, it must meet certain criteria to demonstrate its reliability and authenticity.
Your Maryland car accident attorney can carefully review dashcam footage and make sure It can be authenticated and properly admitted into evidence. This may involve working with experts who can verify the footage’s integrity, confirm that it has not been edited, and demonstrate its relevance to the case.
Establishing liability
Dashcam footage can be instrumental in establishing liability in a car accident case. In Maryland, which follows a contributory negligence rule, determining fault is essential. This is because under this rule, if you are found to be even one percent at fault for the accident, you may be barred from receiving any compensation. Therefore, dashcam footage can be vital to prove that the other party was entirely at fault.
Dashcam footage can capture critical details that may otherwise be disputed, such as whether a driver ran a red light, failed to yield, or was speeding at the time of the accident. It can also show whether the other driver was distracted, such as using a cell phone or engaging in reckless behavior. This evidence can be important in demonstrating that the other party’s negligence was the sole cause of the accident.
Supporting claims for damages
In addition to establishing liability, dashcam footage can support claims for damages. Maryland allows accident victims to seek compensation for a range of damages, including medical expenses, lost wages, property damage, and pain and suffering. However, to recover these damages, it is necessary to prove the extent of the injuries and losses that you suffered.
Dashcam footage can provide visual evidence of the severity of your collision, the impact of the crash, and the immediate aftermath. For example, footage may show how the force of the collision significantly damaged the vehicles. That evidence can support claims regarding the injuries the occupants sustained. With ample evidence of the forces and the injuries, the injured individuals can build compelling claims for compensation and make it more difficult for the opposing party to dispute the damages they are requesting.
Installing a dashcam
Given the potential benefits, many drivers in Maryland are opting to install dashcams. When choosing a dashcam, consider models with high-resolution video, wide-angle lenses, and ample storage. Other features, like night vision, GPS tracking, and parking mode, are also helpful. Remember not to simply install the camera and assume everything will continue working. You should perform regular maintenance so that the camera continues to capture clear and reliable footage. For instance, take time to ensure the camera is securely mounted and the lens is clean.
Preserving your dashcam footage
If involved in an accident, preserving dashcam footage is crucial. Save the footage to a secure location, such as a computer or external hard drive, and make sure you are not recording over or deleting the content. Provide a copy to your attorney promptly to review and use in your case. In some situations, footage may need to be preserved for an extended period. Some cases can take months or even years to resolve.
How dashcam footage can benefit your case
One of the primary ways dashcam footage can affect your car accident case is by strengthening your position during settlement negotiations. Insurance companies often rely on the evidence available to assess the value of a claim and determine whether to offer a settlement. When there is clear and compelling dashcam footage that supports your version of events, it can put pressure on the insurance company to offer a fair settlement.
In many cases, the presence of dashcam footage can lead to quicker and more favorable settlements, as the opposing party may recognize that challenging the evidence in court would be difficult. Additionally, in a contested claim, this evidence might prove extremely helpful if it supports your version of events. Having favorable dashcam footage might be indispensable during litigation.
Reducing the risk of disputes
Dashcam footage can also reduce the risk of disputes during the claims process. Without clear evidence, insurance companies may attempt to dispute liability or minimize the extent of your damages. The result of this can be long, drawn-out, and stressful legal disputes.
By providing clear and objective evidence of the accident, dashcam footage can help to resolve disputes more quickly and efficiently. This can lead to a smoother claims process and a higher likelihood of reaching a fair settlement without the need for litigation. The attorneys at Plaxen Adler Muncy can review your claim and decide whether taking it to court is the best chance of a successful outcome.
If you were injured in a car accident in Maryland and have dashcam footage that could help prove your case, start taking action now. Contact the experienced car accident attorneys at Plaxen Adler Muncy today for a free consultation. Our team can review your footage, guide you through the legal process, and fight for the compensation you deserve. Call or submit our contact form to schedule your free case evaluation at one of our offices across Maryland today.
Bruce Plaxen was honored as the 2009 Maryland Trial Lawyer of the Year by the Maryland Association for Justice, and assists victims of personal injury, car accidents and medical malpractice throughout the state. For more information on his legal background, please visit his attorney bio.