In a car accident personal injury case, dashcam footage can function as crucial evidence. Even when there are conflicting reports about what happened, a recording of the incident can prove that a driver behaved negligently, such as by running a red light or making an unsafe lane change. Dashcam footage can also expedite the settlement process—getting you the compensation you need sooner—or even increase compensation that a victim can recover.
In this article, we’ll cover the ways dashcam footage can impact your personal injury claim and key information to keep in mind for dashcams under New York law.
What Does Dashcam Footage Do for my Personal Injury Claim
Dashcam evidence can support your personal injury claim in a wide variety of ways. The most common applications of dashcam footage include:
- Establishes Liability and Disproves False Accusations: A clear video of an accident can prove another driver’s negligent behavior. Drivers may lie about their actions to protect themselves from liability. Quality footage can counter these false claims and establish what really happened.
- Accelerates the Claims Process and Increases Compensation: Insurance companies often drag their feet when settling claims, disputing claims and making lowball offers. Clear, objective video evidence often leads to insurers settling claims faster with fair compensation.
- Documents Damages: If you are in a car accident, it’s always essential to document your injuries and any damage to your vehicle. Video footage can show how a crash happened, further proving what damages were likely the result of the crash.
In addition to these factors, always keep in mind that dashcam video can be used as evidence of your own negligence. If the footage shows your own actions contributed to the crash (distracted driving, reckless driving, speeding, etc.) it can be used against you. Since New York uses comparative negligence laws, you can still recover damages, but this will likely reduce the compensation you’re entitled to.
Dashcam Considerations in New York
No two uses of dashcam evidence are the same, and it can suffer from a variety of issues. Some of the most common we see include:
- Dashcam Placement: When placing a dashcam ensure that it follows New York guidelines to maintain an unobstructed view. Traffic accident attorneys serving New York recommend placing the dashcam either behind the rearview mirror or on the dashboard so that it doesn’t interfere with driver visibility.
- Preserving Footage: For dashcam footage to be used in court, it must be authentic and free of tampering. Additionally, many dashcams overwrite or delete old files, so it’s urgent to download the files as soon as possible. Our New York traffic accident attorneys urge you to preserve the footage as soon as possible, so you can submit the unedited, original file.
- Admissibility as Evidence: Again, for dashcam footage to be used as evidence in New York, it must be unedited. It must also be properly authenticated and obtained legally. An experienced car accident attorney can help ensure your footage is handled correctly, so that a technicality doesn’t cost you the case.
Reach out to a Car Accident Attorney Serving New York
At Buttafuoco & Associates, we know dashcam footage can be make-or-break evidence in a personal injury case. With the skill and experience of our legal team, we can make video evidence a powerful tool in your favor.
If you’ve been injured in a car accident, don’t hesitate; call 1-800-NOW-HURT for a free consultation.