Dashcam footage can play a vital role in Indiana personal injury cases. In a car accident lawsuit, it can be powerful evidence of fault. To help your case, the footage must be clear, unaltered, and authenticated. You will likely need other evidence to support your claim.
Dashcam evidence rarely stands alone. The strongest car accident claims usually combine video with police reports, medical records, witness statements, and expert analyses. When used correctly, dashcam footage can significantly strengthen your position during insurance negotiations. However, sometimes, the evidence may lead to problems.
What Is a Dashcam?
Dashcam is short for dashboard camera. The camera records video from inside or outside a vehicle while the driver operates it. Most dash cams mount to the windshield or dashboard and activate automatically when the car starts.
A dashcam captures the following evidence that you can’t get from traffic camera footage:
- Forward-facing video of traffic and road conditions
- Interior footage showing driver behavior
- Audio recordings of conversations and reactions
- Digital trail evidence, such as time stamps, speed data, and GPS information.
Drivers can easily install dashcams. Many models are affordable and easy to use. Some newer vehicles feature built-in camera systems that automatically record driving activity.
How Law Enforcement Uses Dash Cams
Police officers use traffic camera footage and dashcam video to document traffic stops and accidents. Officers rely on this footage to support written reports and courtroom testimony after an accident. Courts often admit dashcam video as evidence in car crash cases.
Are Dashcams Legal in Indiana?
Indiana law allows the use of dashcams in private vehicles. Drivers can legally record video while driving. Indiana follows a one-party consent rule for audio recording. At least one person involved in the conversation must consent to the recording. In most dashcam cases, the driver qualifies as the consenting party.
Can Dashcam Footage Strengthen My Indiana Car Accident Claim?
Dashcam footage will strengthen your auto insurance claim if it supports your version of events. Video may show the other driver’s careless or reckless driving, such as speeding, making unsafe lane changes, distracted driving, or running through a red light. This evidence can prove negligence and establish liability. Specifically, dashcam footage can help:
- Determine fault when drivers give conflicting statements
- Challenge inaccurate police reports
- Counter the insurance company’s allegations
- Show road or weather conditions at the time of the crash.
Insurance adjusters tend to change their approach once they see clear video evidence. Visual proof limits their ability to deny or downplay liability.
Dashcam video works best when it aligns with other evidence. An experienced car accident attorney can help by obtaining additional video evidence, such as traffic camera footage and footage from commercial and private security cameras. The lawyer can also gather photos, reports, medical records, and witness testimony to build a complete and persuasive claim.
How Can You Preserve and Obtain Dashcam Footage?
Dashcam footage can disappear quickly if you fail to preserve it. Many devices automatically overwrite older recordings to save storage space. To preserve such footage after an auto accident, be sure to:
- Remove the memory card as soon as possible.
- Save copies of the footage in multiple locations.
- Avoid editing or altering the video.
- Document the date, time, and device used.
If the digital evidence lies in the possession of other parties, it becomes critical to act swiftly to preserve and obtain it. A party may try to suppress the digital evidence or realize how the video they possess could play a pivotal role in establishing liability.
You may not have direct access to the video. However, an experienced personal injury attorney can help you preserve and obtain video footage to support your personal injury claim through quick action. Contact a car accident attorney as soon as possible so they can:
- Send preservation letters to the drivers or companies that possess the footage.
- Issue subpoenas to obtain the footage when litigation begins.
- Request footage from employers or fleet operators in truck accident cases.
Dashcam files may use proprietary formats that require special software to view or export, leading to technical issues in a car accident lawsuit. A skilled attorney can consult technical professionals to gather the footage and ensure it’s clear and ready for court.
Could Dashcam Video Footage Hurt My Car Accident Case?
Dashcam footage does not help every car accident case. Video could harm your claim if it shows that you engaged in unsafe driving behavior or contradicts your statements. Footage may hurt your case if it reveals:
- You were speeding or driving aggressively
- You were texting while driving or talking on your phone
- You failed to obey traffic signals
- You gave statements inconsistent with the video evidence.
Insurance companies seek any chance to reduce payouts or deny claims. They may use your dashcam footage against you if it weakens your claim. Before sharing footage with insurers or opposing parties, you should always speak with a car accident attorney.
Should You Use Other Evidence Along with Dashcam Footage?
You can never gather too much evidence in support of your claim. The strongest car accident claims rely on multiple forms of proof showing the other party acted negligently and caused the crash. Dashcam footage can serve as vital evidence. Still, it always works best when it is just one piece in the puzzle of evidence. Helpful supporting evidence includes:
- Police crash reports
- Photos of vehicle damage and injuries
- Medical and financial records
- Witness testimony
- Accident reconstruction analyses.
Each piece of evidence reinforces the others. When you combine those pieces, they can tell a clear and consistent story about how the crash occurred and how it impacted your life. A comprehensive body of evidence withstands scrutiny and rejects insurance company tactics.
Contact an Indiana Car Accident Lawyer Today
If you use it properly, dashcam footage can make a difference in your car accident case. Our experienced car accident lawyers at Truitt Law Offices have extensive experience building cases using video evidence. Our firm has recovered millions in settlements and verdicts on behalf of our clients, and we’ve earned over 100 five-star reviews on Google in the process, showing the depth of our experience.
If someone else’s negligence caused you to suffer injuries in a car accident, our law firm wants to help you. We’ll fight for the accountability and compensation you deserve while you focus on your recovery. Contact us today for your free consultation.
