Since  their original implementation in police cars during the 1980’s, dash cams have completely evolved. They’re smaller, easier to use, and are now commonly found in the cars of people like you and me.

As dash cam technology continues to improve, these powerful devices will only become more accessible to the average consumer. But, the question remains: why use a dash cam in the first place?

While you may think of them as a fun novelty toy meant to capture the unexpected, dash cams actually serve a far greater purpose. In the context of personal injury law, dash cams are completely revolutionizing the way we litigate car accident cases.

In this blog, we’ll discuss how dash cam footage can be used to strengthen your accident claim, the limitations of these useful tools, and when you should avoid using them for evidence entirely.

How Footage is Used

Dash cam footage is evidence that commonly gets reviewed as part of the investigation process following an accident. Depending on where you’re at in the insurance claim process, the weight this evidence carries can vary.

Are You Required to Share Dash Cam Footage?

Immediately following an accident, your dash cam footage is your own private property. There are no legal requirements to share this footage with your insurance company or any other drivers involved in your accident.

At this point, you may want to review your dash cam footage with a trusted personal injury attorney. They’ll be able to analyze the footage and determine whether or not it will be helpful to your claim. As long as the footage is not incriminating and doesn’t shift fault for the accident onto you, there’s a strong chance it will be used as evidence.

If your claim eventually graduates to a lawsuit, there is a possibility that you would be required to produce the footage as discoverable evidence. But, until that point, know that your footage is your own private property and should only be used if you’re confident it will help your claim.

When is Dash Cam Footage Relevant?

Dash cam footage is relevant when the facts of an accident are in question. Although it’s not necessarily concrete proof, high quality footage can be an invaluable tool when you’re trying to set the record straight.

Outside of your attorney, there’s a variety of different eyes you might want on your dashcam footage. Generally, you should trust your attorney’s guidance and only produce footage based on their express recommendation. Relevant parties you may want to share your footage with include:

• Your insurance company – Your insurer may want to review dash cam footage to assess fault and determine how coverage applies under your policy.
• Law enforcement – Police may request dash cam footage when investigating an accident, particularly if there are conflicting accounts of what happened or if the crash involved serious injury, a hit-and-run, or potential criminal conduct.
• The court – If an accident claim becomes a lawsuit, dash cam footage may be introduced as evidence during the legal process.

Depending on where your claim is at in the compensation process, this footage can mean different things to different people. It’s important not to assume your footage will automatically help your claim, and to only share footage (or speak of its existence) when it’s strategically useful. Shared at the wrong time or with the wrong person, it can potentially ruin your claim.

Helpful or Harmful?

Clearly, there’s a time and a place for dash cam footage in the insurance claim process. But how do you know if your footage is worth sharing?

Although every accident is unique and comes with its own considerations, there are some general criteria you can use to determine whether or not your footage will be helpful (or potentially harmful) to your claim:

Consistency With Other Evidence

The first important consideration when assessing your dash cam footage is whether or not it aligns with your other evidence. If the video is consistent with the police reports, witness statements, and other physical evidence – great! You may have just added another key piece of evidence to your dossier.

However, if any contradictions arise between your video and the existing evidence, you may want to avoid submitting the footage. Even if the video seemed like it would be helpful at first, there is a high likelihood it will hurt your claim if a contradiction is present.

In a setting where precision and accuracy are crucially important, introducing even the slightest bit of uncertainty or doubt can cause your credibility to come into question.

Clarity and Quality of the Footage

The next criterion for determining the merit of your dash cam footage is the video quality. Being clear, well-framed, and easy to follow is the gold standard in this regard. If your footage matches this description, you’re in luck. You’ve checked another box in favor of using it as evidence.

Unfortunately, dash cams typically aren’t the highest quality video cameras. Even with the technological advancements made in recent years, there are no guarantees that your dash cam will capture evidence grade footage. If your recording is grainy, poorly-framed, or is just generally hard to follow, then you may want to avoid submitting it as evidence. Unclear and ambiguous footage invites outside interpretation and could end up doing more harm than good.

What the Footage Reveals About Driver Behavior

One final factor to take into account is what dash cam footage reveals about your driving. While footage of another driver’s blunder can help shift fault onto them, footage of your own questionable driving can just as easily paint you as the at-fault party.

It’s crucially important to consider the quality of your own driving that’s on display in your video. If you break any traffic laws, appear distracted, or exhibit signs of aggressive driving, you may want to consider refraining from submitting your footage as evidence.

Get David Get Paid

If you were recently in an accident and want help evaluating the quality of your dash cam footage, call Femminineo Law today!

To say we’ve reviewed an abundance of dash cam recordings would be an understatement. We’ve seen rear-ends, t-bones, and pile-ups all caught on camera.

We’re confident there’s no other personal injury firm in Michigan better suited to advise you on the quality of your dash cam footage.

Give us a call at 855-65-CRASH for a free consultation today! We’d love to hear about your case and to show you the difference we can make.

Get David. Get Paid.