Dashcams are becoming increasingly common in car accident cases. They may record valuable video evidence of the crash and other drivers on the road. Dashcam footage may be very helpful in an insurance claim or lawsuit, and your attorney can help you determine the best way to use it.
Dashcams may be mounted on your dashboard or, depending on the type of camera, on the rear windshield. These cameras record everything that happens in front of and behind your car. After an accident, these videos may reveal crucial details about how the accident occurred and who is responsible. Dashcam footage is generally admissible as evidence in court, although your attorney should review the footage first to make sure.
Call our Arkansas car accident lawyers at (479) 316-0438 and ask our team for a free legal review to start your case.
How Can Dashcam Footage Help My Case in an Accident Lawsuit?
Dashcam footage is among the most useful evidence possible in your case. Exactly how useful the footage is depends on what is recorded.
View of the Accident
Dashcam videos may provide a first-person perspective of the accident. These cameras are often mounted on a vehicle’s dashboard. If the accident involved a head-on collision or otherwise affected the front of your vehicle, the dashcam may capture critical details. We might see the other driver’s vehicle and even their face. The footage might show exactly how the crash happened.
Proving Important Facts and Details
Dashcams may record crucial details from the accident. We may see other drivers, their vehicles, and their license plates. We may also see things like the defendant’s rate of speed or whether they were driving recklessly before the accident happened. Even details about road and weather conditions may be recorded by the dashcam.
Dashcams Continue Recording
The thing about dashcams is that they may continue recording until you turn them off. This means that anything that happens right after the crash may also be recorded. If the at-fault driver says or does anything incriminating after the accident, it could be caught on camera.
How Do I Get Dashcam Footage After an Accident?
How we get copies of dashcam videos will depend on who owns the camera.
Your Footage
If the dashcam in question belongs to you, our Arkansas car accident lawyers should have no problem getting the footage. Even so, we should not wait to download the videos. The sooner we can review the footage, the easier it may be to build your case. Also, we should save multiple copies of the footage, just in case the files are lost or accidentally erased.
Dashcam Footage from a Witness
If a witness had a dashcam, we could approach them and ask for copies of the footage. In many cases, witnesses are willing to provide us with digital files containing the videos. However, if they are hesitant to get involved, we can request that the court issue a subpoena for the footage, compelling the witness to produce it.
Defendant’s Dashcam Footage
If the defendant owned the dashcam, we may still obtain copies, but we will likely have to go through the discovery process. Discovery is a phase of a lawsuit in which each party must disclose relevant information and evidence to the other party. If the defendant does not produce the dashcam videos at this time, we can seek an order from the court to compel production. If they still refuse or even erase the footage, the court may impose harsh sanctions.
FAQs About How Dashcam Footage in Arkansas Accident Lawsuits
Are Dashcam Videos Helpful in Car Accident Lawsuits?
Yes. Dashcam videos may reveal what happened before, during, and shortly after a car accident. These videos may reveal how the accident occurred and who caused it.
Is Dashcam Footage Admissible as Evidence in Court?
Generally, yes, dashcam footage is admissible in court as it often satisfies the Arkansas Rules of Evidence. However, we likely must provide the full, unedited footage to the defense before we can admit the relevant portions in court.
How Do I Obtain Dashcam Videos After an Accident?
If you have a dashcam in your car, we should move quickly to download and save the footage. We should also save copies just in case the original files are lost or erased. If another driver has a dashcam, we can request copies. If the at-fault driver has a dashcam, we may obtain the footage during the discovery phase of a lawsuit.
What if Dashcam Videos Are Deleted or Erased?
If dashcam footage is accidentally deleted or erased, we might be able to recover it and restore the digital files, although this is not guaranteed. If the defendant claims they accidentally deleted the files, we should bring the issue up with the judge. Sometimes, defendants deliberately erase footage and may be charged with destroying evidence.
Can Dashcam Footage Be Disputed in a Car Accident Case?
While dashcam footage is often powerful evidence, it is not always irrefutable. The defendant could argue that the footage is incomplete or does not show crucial details that might have occurred off camera. They might instead argue that the footage has been altered, but they would have to prove it.
Can I Show Dashcam Videos to the Insurance Company After an Accident?
Yes. Insurance companies may review any evidence we might show in court. They may also review evidence we cannot show in court due to restrictions by the Arkansas Rules of Evidence. If we have relevant dashcam footage, we can contact the insurance company to determine the best way to provide copies.
Speak with Our Arkansas Car Accident Attorneys About Your Case Now
Call our Conway, AR car accident lawyers at (479) 316-0438 and ask our team for a free legal review to start your case.