Todd Sumamno
After an accident, the most challenging part is determining fault. If you were involved in an accident where the fault was not yours, you must present evidence to prove your claim. Evidence that shows what happened and who caused the collision can be very complicated.
But a vehicle’s dashcam video may be able to prove a lot of things, including the cause of the accident and the party at fault. And if the dashcam is present in another vehicle, you will require the help of a lawyer to obtain that evidence legally.
An experienced Baltimore Car Accident Lawyer can help investigate your case and gather the evidence needed to back your claim. This article will focus on things you need to know about this crucial piece of object that can prove your innocence and help you get the compensation you deserve.
What is a dashcam?
Dashcams are cameras used for recording videos and are mounted on dashboards or interior windshields of your vehicle. The type of camera used determines the type of video you will get. The basic dashcam model is designed to record only one-direction video with no audio.
On the other hand, the newer versions of the dashcam can record video and audio both ways, the outside and the inside of a vehicle. In addition to that, these dash cams can record around 6 hours of video. Meaning they can store approximately 2 GB of data at a time.
After the capacity is full, the previous data is deleted, and the recording will reset. So people who want to save the footage recorded in the camera will need to save it to their smartphone or computers using the required software.
Can dashcams be used legally?
Dashcams can be legally used in most areas without any problem as long as their use does not violate other laws and negatively affect driving, for instance:
1) Compromises passenger’s privacy
Dashcams that record audio can pose privacy concerns for the passengers in the vehicle. So you need to disclose the presence of an audio recording camera to the passengers in your vehicle.
2) Hinders airbags deployment
Dashcams should not be placed on the dashboard where they may hinder the deployment of airbags in case of an unfortunate event.
3) Obstructs windshield
Dashcams should also not be attached to the side or rear window or windshield where they block the driver’s view and affect their driving ability leading to accidents.
4) Distracts drivers
Dashcams should not be placed where they might distract the driver, and if their video feed is connected to a monitor, then that screen should not be because of the driver to prevent distracted driving. This is why you should install a dashcam that is out of your sight and does not block your view of the road. Moreover, you should also keep it muted so as not to get distracted by it.
So this brings us to our next question, can we use it as evidence? Yes, the video recorded by your dashcam can be used to prove the cause of the accident if the at-fault driver is visible in the video. For instance, your video may show the at-fault driver:
· Running the stop sign or the red light
· Rashly and recklessly changing lanes
· Driving very fast
· Failing to give way to other vehicles
If these actions or something else that shows fault is visible in the video, then the dashcam video can be a crucial piece of evidence to prove your innocence. Dashcam video offers such a piece of powerful evidence that even insurance companies cannot deny making a settlement that pays you the compensation you deserve for your injuries.
But just as the video proves the other parties at fault, dashcam videos can also prove your fault. Insurance companies will look at every angle to put some of the blame for the accident on you and get out of paying you the compensation you deserve since the percentage of your fault lowers the compensation in the accident.
So you should be extremely sure regarding the cause of the accident before you pursue a compensation claim. For this, you need to get in touch with an experienced and knowledgeable lawyer who will assist you by your side to investigate your case and allow you to understand the options you have in your case.
What to do if the dashcam is in another vehicle?
If the dashcam that recorded the accident is in another car, whether in an at-fault driver’s vehicle or a vehicle not involved in the collision, the video should be acquired legally. The video recorded by the dashcam could be used as evidence if it was acquired legally. So this is why it’s always advisable to talk to eyewitnesses at the scene of the accident and ask them what they saw and take their information so they can be contacted later on.
Moreover, if you see a vehicle on the accident premises, you can also contact its driver and ask them for the video. But if the dashcam was only in the vehicle of the at-fault driver? Then you will face a little trouble acquiring the footage because the driver at fault will be reluctant and may even refuse to hand over the video out of fear of being blamed for the accident. But purposely withholding evidence can land the person doing so in problems with the court. So they can be held responsible and compelled to show the video if you file a lawsuit and request for the video as evidence in the case.
The bottom line
Determining fault and holding parties at fault can be challenging without evidence to back up your claim. So even though the party at fault denies their liability or the insurance company disagrees with your claim, a dashcam video can be the crucial evidence you need to prove your claim.
However, acquiring dashcam video from other vehicles can be difficult on your own. You need to consult with experienced and skilled lawyers who will help you throughout your case with immense legal resources at their disposal.
When you are involved in an accident, you need to understand the type of legal options you have before you pursue a claim. So your lawyer can help you from the start and assist in getting the compensation you deserve.
Brittany
