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How Dash Cam Footage May Be Used as Evidence

Posted on behalf of Arnold Law Firm in
dashboard cameraDetermining liability for a car accident may not always be a simple task. Some claims may require a more thorough investigation or more concrete evidence to prove who should be financially liable for damages. Our car accident lawyers in Sacramento are prepared to gather the necessary evidence to build a strong case for compensation on your behalf. We offer a free consultation to discuss your claim and see what options may be available to you. Below, we discuss the usefulness of dash cam footage in an accident claim.

WHAT ARE DASH CAMS?

True to their namesake, dashboard cameras are small video cameras that are mounted onto a vehicle’s dashboard or windshield. These devices typically record video, not audio, from anything positioned in front of them, so long as your vehicle is in gear. There are some more advanced models that provide additional features such as interior audio recording or have a rear-facing feature that also captures what is happening inside your vehicles. Other dashcams can even stream to the internet or keep track of a driver’s speed, braking, steering pattern and whether seatbelts are in use. Dash cams may be able to record nearly 2 GB of data, or up to six hours, on a loop that automatically refreshes. You may be able to access the video footage on the device’s internal storage, an SD card, external drive or an app connected to the device.

ARE DASH CAMS LEGAL IN CALIFORNIA?

In short, yes, dash cams are legal in California. However, there are some limitations on the type of dash cams that may be used. First, a dashboard camera may not be placed in an area where airbags will deploy when triggered. Additionally, the camera cannot be more than seven square inches if placed on the lower right corner of a windshield, and it cannot be more than five square inches when placed in the center of the windshield. California law also requires anyone using a dash cam capable of audio recording to inform any passengers in the vehicle that they are being recorded. Any data stored in the camera is legally the property of the driver.

HOW CAN VIDEO FROM A DASH CAM BE USED TO HELP MY CASE?

Any type of evidence that could help prove you were not at fault for the accident in which you suffered an injury is likely to benefit your case. This includes any video footage recovered from a dash cam that could help you prove another driver:
  • Ran a red light/stop sign
  • Was weaving in and out of traffic
  • Slammed on his or her brakes without cause
  • And more
Presenting video footage of another driver’s actions to the liable insurance company is likely to result in an offer to settle the claim, which would be beneficial to you, as you would not need to go through the entire legal process of filing a lawsuit and having to convince a jury. However, if the insurance company is still refusing to settle, this piece of evidence may be enough to help you convince a jury that the driver is responsible for the crash.

WHAT IF THE DASH CAM WAS IN THE AT-FAULT DRIVER’S VEHICLE?

If the dash cam is in the vehicle of the driver who caused the accident, getting access to the footage may require a court order. This would require a lawsuit to be filed, which would lead to the discovery process where the liable party may be legally obligated to hand over the camera footage. If the at-fault driver tries to destroy the evidence or fails to disclose it during discovery, he or she could face serious legal penalties. It is important to note that you may still be able to prove your case without the use of dash cam video taken from the other driver’s car, depending on the other facts or evidence in your case.

LET US REVIEW YOUR CLAIM. CALL TODAY

If you or a loved one were injured in an accident and need help gathering the evidence to prove someone else’s negligence resulted in your injuries, you should strongly consider speaking to one of our licensed attorneys. Our lawyers have the resources available to gather the necessary evidence to help you build a strong case for compensation. Our firm has a strong track record of helping injury victims recover the compensation they need for medical bills, lost wages and other damages.

Call us today to schedule your free consultation: (916) 777-7777.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.