Can Dash Cam Footage Always Be Used as Proof of an Accident?

LAW BLOG  •

January 14, 2016

With the rise of dash cams on police cars, many regular drivers are also considering the merits of installing a dash cam in their own vehicles. In countries such as Russia, many insurance providers and individuals embrace the technology as a way to disprove liability in an accident.

Proof of Accident

Understanding why drivers invest in dash cams is easy; if someone tries to pull an accident scam or hits you, you might have direct proof that you didn’t cause the accident. When you file an insurance claim, any exonerating evidence like this can work in your favor.

Dash cams are perfectly legal to install in your vehicle, and truck drivers , parents, and some law enforcement professionals think the investment is worthwhile if it captures anything of use. However, it may not always provide you with the security you think it will.

When it Doesn’t Work

For example, there are a few ways dash cam footage may not work to your advantage:

  • It may not capture the right footage. If the accident happens to certain areas of your car, the footage captured may not prove anything. While this doesn’t necessarily hurt your case, it may not prove anything. Therefore, it wouldn’t be useful as proof in an accident case.
  • There are certain places you may not be able to use it. You shouldn’t have a problem on public roads, but if you take your vehicle into restricted areas or off-roading on private property, the courts probably won’t allow it in court proceedings as evidence. However, it may help you and your attorney find other pieces of evidence that you can use.
  • It may work against you. In certain cases, you may want to distance yourself from dash cam footage. If a dash cam features you doing something reckless prior to the accident, it could be used as proof that you weren’t driving reasonably. This could work against you in the case.
  • Use of the footage as proof is largely subjective. Depending on the circumstances (and the lack of clear laws regarding dash cam footage use), an insurance adjustor or a court may decide to prohibit use of the footage for any number of reasons. The wrong perspective, the time it takes to present the evidence, the reliability of the tape, and other factors may all block the use of it in a case. If there’s a question about whether the footage was edited or altered, the court may choose to view it as invalid proof, too.

Ultimately, dash cam footage works just like photographed evidence. It could help you prove your case under the right circumstances. Even though a dash cam may not help you determine fault, it can still provide helpful, supportive evidence regarding the impact level of the crash.

Restrictions

Unfortunately, it may not always constitute valid evidence, and you must always consider local laws and restricted access footage before attempting to use it as direct proof of liability in a personal injury case.

If you do install a dash cam, remember to place it in an area that doesn’t hinder your view of the road. While there aren’t specific laws regarding the use of a camera in public settings, Texas doesn’t allow you to place anything on the dash or window in an area that may obstruct your vision. For evidence in a case, you may want to invest in a higher end model rather than a lower quality camera. The resolution will make a difference in how the footage comes across and what images the camera shows.

Contact

For more information about the use of dash cams in accident claims around Houston, contact our team today.

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