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Can You Use Dashcam Footage in a Car Accident Claim?

The first home video system was introduced in 1963 by Ampex. It included a TV monitor, special furniture, and the Ampex VR-1500 camera that weighed around 100 pounds. Cut to: Today, you can find a video camera that fits in the palm of your hand and weighs the same as an apple. Video cameras in our phones, body cameras worn by police officers, and dashcams installed in vehicles have revolutionized the collection of evidence for a wide range of alleged crimes and accidents.

In fact, dashcam footage has proven to be a vital tool local authorities use. The Maryland State Police recently issued a call for dashcam footage pertaining to a road rage incident. Many trucking companies require drivers to have dashcams in their rigs to help document their service hours and establish liability in a collision. Can you use dashcam footage in a car accident claim? The short answer is “Yes,” but there are considerations.

Ensuring Dashcam Footage Is Admissible

In Maryland, dashcam footage is available to use as evidence in a car accident claim under certain conditions. Before that footage can be entered into evidence with the Maryland courts, you want to review it with an experienced attorney who can help determine the admissibility.

For dashcam footage to be entered into evidence, it has to be authenticated. That means establishing that it wasn’t altered, edited, or incomplete in any way. Video footage can easily be manipulated, and the insurance investigators or defendant’s attorneys will have the opportunity to thoroughly investigate that footage to ensure it hasn’t been “doctored.”

You also have to establish that the footage was recorded on public roads. The majority of accidents will involve incidents that occur on highways and streets. However, if you were on private property when the accident occurred, you might be unable to use the footage. That is because Maryland law requires both parties to give consent to be recorded. If you drive onto someone’s private road or driveway and record without their permission, you can’t use the footage.

Risks of Using Dashcam Footage

There are risks with using dashcam footage in your car accident claim. That footage might show that you were partially responsible for the accident. For example, the footage could prove you were talking on your cell or to another passenger, which caused you to take your eyes off the road. That could be revealed through the audio from the camera that is facing forward on the dash. In some instances, dashcams are on the driver and the road ahead. If you want to admit the forward-facing footage as evidence, the defense could also ask for the driver footage.

If your dashcam footage becomes corrupted, the defense side could raise questions about it being manipulated in some way. That might not be true, but it could raise doubt in the minds of a jury.

Additional Supportive Evidence

While your dashcam footage might be the most compelling piece of evidence in your trial, other supportive pieces of evidence can be equally compelling. Here is the other evidence you and your attorney should gather for the presentation:

Police Crash Report

It is essential that you call the police to report your accident, regardless of the severity. When the police arrive, they will assess the scene and create a crash report that will present an objective account of what happened. That account will be based on statements from the parties involved in the accident. The police can also facilitate the exchange of information if the other motorist is not willing to give up their insurance or contact numbers.

There might also be citations issued at the scene for reckless driving or driving under the influence of drugs or alcohol. Those can verify who is liable for the accident. If the local or state police do not respond, you are entitled to file a report based on your account. Although it will document specific details like time, place, and weather conditions, it won’t be as strong as the objective police report.

Witness Statements

You are able to collect your own initial witness statements at the scene. These can be recorded as videos if you have the consent of the witness. Be sure to get that consent on video, too. You’ll also want to record the witness’s contact information. Along with the dashcam footage, these video statements could be admitted as evidence in your car accident claim.

Photos

You should also take as many photos from various angles. These photos can also help establish the weather and road conditions at the time of the accident.

Medical Reports

If injuries are part of your claim, you will need to present your medical reports. These will include the documentation from your initial examination, your prescribed course of treatment, and all the follow-up reports.

Financial Losses

Finally, you’ll need to present all the financial losses you incurred due to the accident. These can include medical expenses, lost wages, car repairs, and pain and suffering.

This is another area where you’ll benefit from working with an experienced car accident attorney like the team at GDH Law. We know the scope of what evidence is allowed and how it can support your version of the accident. When recovering losses from a car accident, you don’t want to go it alone.

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