If you are in a traffic accident with a semi-truck, your injuries may be severe. This is due to the sheer weight and size difference of any other motor vehicle compared to a truck. We have handled truck accidents in Washington, D.C., since 1954. While there are fewer highways in the District than in most other jurisdictions in the U.S., the thousands of truck accident cases we have handled still result in catastrophic injury. Thus, proving liability is critical. One great way to do this is via dashcam in a DC truck accident. Whether there is a dash camera in your vehicle or the commercial truck, we can preserve this video footage and use it to make our case.
Note that liability is never presumed in a personal injury trial. As plaintiffs, we have the burden of proof to prove the defendant acted negligently by a preponderance of the evidence. That means we must convince a jury that it is more likely than not that our allegations are true. We may be able to do this with photos of the property damage to the vehicles involved in the accident in conjunction with witness testimony. However, sometimes eyewitnesses have it wrong. Other times, there may not be any eyewitnesses, leaving the case up to you and the defendant’s credibility.
This is a disadvantageous position because we have a higher burden than the defendant. Accordingly, it is prudent to do everything we can to increase our odds of success in winning your case. Dash cameras in a DC truck accident are a significant first step in doing this.
Dash camera usage in trucks in Washington, D.C., is subject to enforceable laws. First, truck owners cannot mount a dash camera on their windshield. Instead, the camera must be mounted on the dashboard. This is the same as Virginia law, although Maryland permits a camera on the windshield. Related to the usage of dash cameras in a DC truck, all passengers must give permission to be audio recorded. This is an important rule to protect passengers’ privacy, particularly in rideshare vehicles or taxis. The District advises that drivers display a sticker informing passengers that the dash camera also records audio. This is a more convenient way of informing passengers of the audio recording. The law does not distinguish between whether there must be express or implied permission by the passenger to be audio recorded.
Dashcam footage from a DC truck accident is admissible at trial. However, like any other evidence, the footage is subject to some requirements. First, like any other evidence, it must be relevant to a contentious fact at trial. If it is not deemed relevant, it is inadmissible. As a party looking to introduce evidence, we must also lay sufficient foundation. This may require a witness to testify to personal knowledge about the video footage. This is not always necessary and will depend on how difficult the defense wants to be; it is not usually an issue, but if it is compelling evidence, the defense may try to exclude it.
In a criminal trial, it may be the police officer who discovered the evidence who will testify as to its authenticity. For dashcam footage in a DC truck accident, it is likely whoever owns the dash camera will be the witness to testify.
Without a dashcam in a DC truck accident, you will be left to the whim of eyewitnesses and the narrative told by property damage. Having handled motor vehicle accident cases for 70 years, our attorneys understand that property damage does not always tell the whole story. There is a reason why the police report is not always accurate. When police officers arrive at the scene of an 18-wheeler accident, they expect serious injuries. When writing the narrative section of their report, they often rely on witness statements and visible property damage. However, we have seen them get it wrong many times over. This is not to say that police officers cannot correctly reconstruct an accident. Instead, it tells you that even people with years of experience reconstructing an accident can get it wrong. And if they can get it wrong, a jury of your peers can, too.
Meanwhile, while witness testimony can be compelling, tangible video footage convinces a jury of the truth. The adage says, “Seeing is believing.” Insurance companies know this. Accordingly, possessing compelling video footage from a dashcam in a DC truck accident can encourage the defense team to settle. Settlement means saving money on higher legal fees, expert witnesses, filing fees, service fees, and more.
Additionally, a settlement cannot be appealed. This is unlike a judgment from a trial, which can be appealed and prolong the trial process by several months. It is advantageous to settle a DC truck accident case for several reasons. At the same time, it is also easier for the defense to settle if they know they will lose at trial. One way to show them they will lose is by possessing video footage from a dash camera.
We have handled hundreds of cases with a dashcam in a DC truck accident. Dashcams can save a case. In one case we had, our client was severely injured in a three-car accident. The police officer did not believe our client’s version of events. Of the three cars, the other one who did not cause the accident also blamed our client.
Meanwhile, the tortfeasor was whisked away from the scene by ambulance and did not give a statement. Of course, a police report is not admissible at trial. However, the police officer’s disbelief was based on the property damage to the vehicles. He did not believe it was physically possible for events to unfold as they did. And if he did not believe it, it was likely that a jury would feel the same. After obtaining a copy of the body camera footage from the police officer, the experienced attorneys at Gelb & Gelb, P.C. could acquire sufficient information to contact a truck driver who was at the scene but was in no way involved in the accident.
Our attorneys contacted his trucking company and were able to acquire a short bit of footage from the dash camera attached to the truck. The dash camera footage told a different story than the one being told by the police officer on his camera and the witness who, admittedly, was unbiased in his narrative of events as he also was not liable for the accident.
We ultimately settled the case for our client ahead of litigation, recovering a hefty sum. She was able to pay her extensive medical bills, replace her destroyed car, and move on from the event.
Whether you are a truck driver or involved in an accident with a semi-truck, hopefully, you better understand the utility of a dashcam in a DC truck accident. If you have questions regarding the legality or efficacy of dash cameras, contact our office. A consultation with our attorneys is always free. We can be reached 24/7 by phone at (202) 331-7227.