Dash Cam in Maryland Truck Accidents

A dash cam in Maryland truck accidents can make the difference between our accident lawyers meeting their burden of proof or not. As the plaintiff in a truck accident case, we have the burden to prove to a judge or jury by a preponderance of the evidence that the other party was negligent and caused your harm. We make this argument solely through testimony. In cases like sideswipes, it is a word-against-word argument. In other cases, like a rear-end collision, the property damage tells a story. Of course, the defendant may argue that the vehicle with rear-end damage reversed into the other driver, but that again comes down to the witness’s credibility. The credibility of the witnesses ceases to be the determining factor when a dash camera captures the accident. When we can authenticate original video footage of your accident, that is what a fact-finder believes.

Understanding Dash Cameras in a Truck Accident

We can even use the video to impeach a witness who may testify to something contradicted by video evidence. Clearly, a dash cam in Maryland truck accidents can support your claim. Truck companies also use dashcams to monitor drivers, improve safety protocols, and defend against false claims. It is a simple and relatively inexpensive solution to an array of legal challenges. However, just because a dash camera is present in a crash does not mean it is available. Obtaining access to footage controlled by trucking companies and ensuring it has not been tampered with or deleted may require assistance from a Maryland truck accident attorney. We send a spoliation of evidence letter to the defendant advising the trucking company to preserve any evidence. If they fail to do so, a jury instruction telling the jury to assume that the deleted evidence would have helped our case will be given.

Below, we discuss how this evidence can make a critical difference in the outcome of a truck accident claim.

Types of Dash Cams Used in Commercial Trucks

• Forward-Facing Dash Cams: A forward-facing dash camera should capture activity directly in front of your vehicle. Unfortunately, this is not always useful in a sideswipe accident. Although it may be enough to show that you stayed in your lane. Based on that evidence, a fact finder may infer that it must have been the other vehicle that came into your lane.
• Dual-Facing Dash Cams: A dual-facing dash camera is useful if you also want to capture your vehicle’s interior. This is particularly useful if you are driving for a ride-share app. When making a claim against a trucker, dual-facing dash cams can help determine whether a truck driver was distracted, fatigued, or following safety protocols.
• Exterior Multi-Camera Systems: Some commercial trucks have multiple cameras that record blind spots, side views, and rear areas. These are particularly helpful in lane-change accidents, merging incidents, or rear-end collisions. Of the four types of dash cams in Maryland truck accidents, this is the most helpful type of camera.
• AI-Powered Smart Dash Cams: This probably sounds more useful than it is, as other camera types can also use AI to some degree to benefit the user or your case.

How Dash Cam Footage Can Strengthen a Truck Accident Claim

The best thing a dash cam in Maryland truck accidents can do is establish liability. Whether the footage will help you or not is out of our control. However, dash camera footage offers nearly irrefutable evidence compelling to a judge or jury. The power of objectivity cannot be overstated. When a Maryland truck accident attorney cross-examines a witness, our best hope is to undermine their credibility. This is hardly an issue with video footage. A dash camera has the power to make or break a case. But we can go beyond what is immediately noticeable to the untrained eye. For example, we can establish how fast a truck was going just before the accident. We can use video timestamps and GPS data to pinpoint the speed. If the speed is considered a proximate cause of the accident, that can establish liability.

If the dash cam in a Maryland truck accident is dual-facing, we may be able to prove, with expert testimony, that a trucker was fatigued. In some instances, that may be enough to prove negligence or at least contributory negligence. Moreover, dash camera footage can strengthen your claim by countering false claims. Eliminating defenses is sometimes the most effective offense. For example, the defense may argue that you were speeding just before the truck hit you. However, dash camera footage, whether on your vehicle or the truck, can be sufficient to counter this defense and keep the defendant from proving that you were contributorily negligent in causing the accident.

Challenges in Relying on Dash Cam Evidence

One problem you may encounter with a dash cam in Maryland truck accidents is securing access to the footage. Trucking companies and their insurers often control the recordings and may be reluctant to share any evidence that could prove their driver was at fault. Of course, this information is discoverable if we move for a trial. However, it can make settling more difficult. Moreover, some dash cams overwrite footage automatically after a certain period, meaning critical evidence can be lost if not requested immediately. Thus, contacting a Maryland semi-truck accident attorney as soon as possible is essential. Failure to do so may mean losing valuable evidence for your case. Third, Companies may claim that technical failures prevented the camera from recording at the time of the accident. This is as common with premises liability cases as it is with truck accidents.

They may claim that the camera was not working, insufficient storage, or a host of other excuses. These excuses are one reason why having an aggressive truck injury lawyer on your side is useful. Additionally, the scope of the video may not cover the accident. For example, if the dash camera footage is only captured in front of the truck, then it is of little use to us if the accident occurs elsewhere. Although, there are still benefits to securing the dash cam in Maryland truck accidents.

How to Obtain Dash Cam Footage After a Maryland Truck Accident

1. Request the Footage Immediately: Dash cam recordings are often automatically deleted after a set period, sometimes within a few days to weeks. Accordingly, the sooner you act, the better. Call our office today and we will request the footage on your behalf.
2. Send a Spoliation Letter: This is probably the most important part in the process of obtaining dash camera footage. Sometimes, requesting the footage is not enough to actually get the footage. However, a spoliation letter protects your rights.
3. Subpoena the Footage: We can only subpoena the footage once we file a lawsuit. Once we subpoena the footage, we are entitled to the footage. A failure to turn over the footage despite a subpoena can result in severe penalties for the defendant.
4. Seek Alternative Video Evidence: In rare instances, there may be traffic camera footage or cell phone footage that could help in your case.

Contact Gelb & Gelb Today

If you are injured in a Maryland truck accident and wish to learn more about dash cams in Maryland truck accidents, call our office today for a free case evaluation at (202) 331-7227.