Dash cams record the road, traffic, surroundings and everything else you come across while driving. That said, they can provide objective video evidence if you get into an accident. More specifically, your dash cam videos can be crucial in determining fault and liability.
However, there are some caveats you need to be aware of before presenting dashcam footage as evidence.
Is dash cam footage admissible in court?
Yes, it can be, but it must meet certain requirements. Most importantly, your lawyer must authenticate it before the court can admit it as evidence. This process often involves proving that your footage is:
- Unaltered
- Accurate
- Reliable
- Relevant
Additionally, you may need to testify under oath stating that the footage is authentic.
How can a dash cam help your personal injury case?
As mentioned, dashcam footage can provide solid video evidence of what happened during the accident. One of its biggest benefits is that it can help you prove the other driver’s fault.
For example, if your dash cam captures the other driver running a red light before crashing into you, it can help strengthen your case.
Dash cam footage can also help corroborate your side of the story. If the other driver lies about what happened, your video evidence can turn their lie against them.
Can a dash cam hurt your case?
A dash cam can negatively affect your case if the footage shows you were also at fault.
Idaho follows a modified comparative negligence model and sets a 50 percent bar. This rule means your percentage of fault must be less than 50 to recover compensation. Moreover, the court will reduce your compensation amount based on your level of fault.
Moreover, dash cams can be low quality, which means your footage may not be reliable enough. If your dash cam records audio, you also need to be careful not to violate any privacy laws. Your personal injury lawyer can help address these issues and decide whether or not you can use the footage in court.
Dash cam footage can be strong evidence, but it may not be enough
Video evidence can be crucial in your personal injury claim, but it may not be the only proof you need. That said, make sure to collect other pieces of evidence to strengthen your claim, such as medical records, witness statements and police reports.
Remember: The more evidence you have, the higher your chances of a favorable outcome.