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Dash Cam Use in DC Car Accidents
In every car accident case that comes through our doors, we have the same obligations. 99.9% of all car accident cases involve a negligence cause of action. The alternative would be a battery, which requires the tortfeasor to have acted intentionally. But that is difficult to prove in a car accident and rarely the case anyway. Instead, we must prove the four elements of negligence. We must prove that the defendant owed a duty to the plaintiff, that he breached that duty, and that the breach of duty caused damages.
For a rear-end collision, liability is generally clear because there is almost no instance where you are not at fault for rear-ending another car. An exception may be if the car in front of you brake-checks you. But even then, you will probably have to prove that this occurred. This is when a dash camera can be beneficial in a DC car accident.
Dashcams are highly relevant beyond protecting yourself against liability in your defense. They can also help prove the elements of negligence discussed above. Video footage is a form of evidence. It is some of the most persuasive evidence in a car accident case. Other evidence in DC car accident cases may be witness testimony or even how the scratches and dents on your car align with those on the other vehicles in the accident. This is the most ubiquitous form of evidence in car accident cases. Good samaritans do not always pull over to provide their information as witnesses. Much of the time, they are relieved not to be in the accident themselves and speed off. What if the scratches and dents do not tell the whole story? This is when dash cam footage comes in.
Our DC personal injury firm has handled over 10,000 car accident cases since our founding in 1954. As you might suspect, dash cameras did not exist for much of our practice. Now that they are becoming more common, the legal implications of dashcam evidence in DC are robust. First, we must address the admissibility of dash camera footage. Dash camera evidence is almost always admissible. It is admissible even if it is not attached to your car so long as it accurately depicts facts relevant to the accident. If this is the case, our attorneys can subpoena the evidence. Time may be of the essence in these instances as we must send a spoliation of evidence letter to preserve the footage legally. If the footage is deleted despite this letter, a jury can make a presumption that the footage supports your claim.
Slightly unrelated to what is happening on the road, but common in Uber accident cases in DC is the issue of recording audio in the car. This may be pertinent if there is a battery inside the car or if a passenger’s distraction leads to a car accident. Uber’s policy allows riders and drivers to record audio through their app.
How Dash Cams Can Influence Fault Determination
Without dash camera footage as evidence, we are left with explaining to a jury a sequence of proof based on how dents and scratches align on the cars. This may be plausible, but convincing a jury may be difficult if it conflicts with witness testimony. Remember, as the plaintiffs, we have the uphill battle of convincing a jury. The defense team does not need to convince a jury that their client is not at fault. Instead, their job is not to let us convince the jury that the defendant is at fault. It is a slight distinction, but it is crucial. Dashcam in a DC car accident is tangible evidence. Juries tend to believe their eyes, especially if the evidence has been authenticated, which is necessary to be admitted as evidence.
While dashcam footage for a DC car accident may not show every angle of the accident, it shows far more and paints a fuller story than examining an expert witness on the stand. It provides a factual account of at least a large majority of the fact pattern. For example, it can be made clear if you had a green arrow when you were t-boned by the defendant. While the dent on the passenger side of your car may indicate that you mistimed your left turn through traffic, a dashcam allows you to show the jury that you had a green arrow and did not behave negligently during the accident. This is persuasive, conclusive, and decisive evidence that can sway a jury at trial.
Influencing Fault During Settlement Negotiation
Moreover, it can influence an insurance adjuster during settlement negotiations. We have had many cases where the defendant’s insurance carrier denies liability for the accident based on the available evidence. They either believe their insured that they were not negligent, or they are willing to take their chances at trial based on the evidence we have to prove the requisite elements. Video footage changes this. In hundreds of past cases, insurance adjusters have changed their minds after seeing video evidence. They go from being confident in their insured to making tremendous settlement offers that fairly represent your injuries.
While a dashcam in DC car accidents will not affect the value of your damages, it can influence the settlement amount. Insurance carriers and adjusters account for how difficult it may be to prove liability when making a settlement offer. Even if your damages are high, say $100,000, if we have a difficult case for proving liability, they may not offer more than $80,000. They do this because we know there is a chance that if we cannot convince a jury of liability, then our client gets zero. Meanwhile, if we have dashcam footage, proving liability should not be an issue, and the insurance carrier is far more likely to make a fair and full settlement offer.
Installing and Maintaining Your Dash Cam
As you have learned, equipping a dash camera in your car has a plethora of benefits.
Choose the right dashcam. We will not recommend a brand. Instead, perform research and find a dashcam that fits your needs, can be equipped for your car, and is within your budget.
Consider a G-sensor. A G-sensor detects a collision and can preserve the relevant footage when it detects that you have been in an accident.
Consider a dash cam with night vision. Many drivers cannot see clearly at night. This inability to see frequently leads to car accidents. Protect yourself at night when a large number of DC car accidents occur.
Parking mode. Your car does not only get hit when you are on the road. Consider seeking a dashcam that records while your car is parked.
Steps to Take After a Dash Cam-Recorded Accident
Immediately after a dashcam-recorded accident in DC, consider doing the following.
Preserve the evidence. While many dashcams automatically preserve footage after an accident, this may not be the case for yours. Thus, it is imperative that you save and turn off your dashcam so as to not overwrite the relevant footage due to a lack of space.
Back up the footage. If you know how, consider backing up the footage to a secure device such as a computer, laptop, or hard drive.
Speak with a personal injury lawyer. While preserving the evidence is crucial to the success of your case, there are many other essential steps to take. The best thing to do is call a DC personal injury law firm and discuss your options and next steps based on the unique facts of your case.
Speak With a DC Accident Lawyer
Whether or not you had a dashcam at the time of your accident, consult with a personal injury lawyer to determine whether you have a case worth pursuing. Gelb & Gelb, P.C. offers all prospective clients free, confidential case evaluations.