Having a dashcam in your car when you are involved in an accident can greatly simplify any resulting legal matters. Dashcams serve as a powerful tool in personal injury claims arising from car accidents. If you find yourself in a vehicle collision, having a dashcam can significantly affect the outcome of your claim as they offer clear, unbiased evidence of what happened.
At Urban Thier & Federer, P.A., we understand how crucial evidence is in establishing fault and securing compensation for our clients. Dashcams can provide key evidence in car accident disputes, making them a vital resource in personal injury litigation. This why we recommend that anyone in the US operating a motor vehicle install and use a dashcam. Below is more information on how dashcam footage impacts your case and how it compares to other forms of evidence, like police reports.
How Dashcam Footage Can Strengthen Your Personal Injury Claim
- Objective and Unbiased Evidence Dashcams capture everything that happens on the road in real-time. This footage can be extremely valuable because it provides objective and unbiased evidence. It provides a clear record of events that can help establish exactly what happened before, during, and after a crash.In a personal injury case, the burden of proof falls on the injured party to show that the other driver was at fault. Dashcam footage can provide clear evidence of common behavior that causes accidents such as reckless driving, improper lane changes, speeding, or failure to obey traffic signals. This can directly support your claim and weaken the defense’s case if the opposing party tries to dispute fault.
- Corroboration of Witness Statements In some cases, witness testimony is crucial, but it can be inconsistent or unreliable due to memory issues or personal biases. Witnesses may disagree about key facts, such as which driver ran a red light or who was speeding. Dashcam footage can corroborate witness statements or clarify discrepancies, making it easier for judges, juries, or insurance adjusters to reach a decision. It removes the subjectivity from testimonies and enhances the credibility of your case.
- Support in Disputing Fault In many car accident claims, the issue of who is at fault can be contentious. Both drivers might blame each other, or insurance companies may dispute liability to avoid paying out settlements. Dashcam footage can be crucial in resolving such disputes. It can show which driver acted negligently, whether someone was texting while driving, or if a driver was following too closely. This clear evidence can expedite the claims process, reducing the chances of prolonged litigation and enhancing your chance of receiving compensation.
- Preventing Fraud Another major benefit of dashcam footage is its ability to protect against fraudulent claims. Some drivers may exaggerate the severity of their injuries or even stage accidents (commonly known as “crash-for-cash” schemes) to exploit the insurance system. A dashcam can provide irrefutable proof of how the accident unfolded, preventing false claims and protecting you from becoming a victim of fraud.
The Limitations of Police Reports in Personal Injury Claims
While police reports are often used as evidence in car accident claims, they have limitations. A common misconception is that a police report is direct evidence of how an accident occurred. However, it is important to understand that these reports are typically created after the fact and are not considered direct evidence in court. Here’s why:
- Officers Are Usually Not Present at the Scene During the Accident Police officers typically arrive after an accident has already occurred. Their reports are based on interviews with drivers, passengers, and witnesses, as well as their own observations of the accident scene. However, because the officer was not present during the actual collision, the report relies on secondhand information. This can introduce a layer of uncertainty, especially if witness statements conflict or drivers provide differing accounts of the accident.
- Subjective Interpretations and Errors In some cases, police officers may provide opinions in the report about who they believe was at fault, based on the information available at the scene. However, these conclusions are not always accurate and can be challenged in court. Furthermore, police reports are not immune to clerical errors, which can sometimes lead to misunderstandings or incorrect conclusions. Dashcam footage, by contrast, offers a visual, unbiased account that is harder to dispute.
- Limited Use in Court Police reports are generally considered hearsay and are not admissible as evidence in court [see for example, Fla. Stat. § 316.066(4)] unless certain exceptions apply. This means that while the report can be useful during the claims process or settlement negotiations, it may not carry as much weight in a courtroom trial. Dashcam footage, on the other hand, is usually admissible and can play a pivotal role in directly proving how an accident occurred.
Seeking More Information? Contact An Attorney Today
Dashcams offer reliable, direct evidence that can substantiate your claims, support witness statements, and prevent fraud. While police reports remain useful, they are often limited by the fact that officers were not present during the actual accident. At Urban Thier & Federer, P.A., we encourage clients to consider the benefits of dashcams, as they can greatly enhance the chances of success in a personal injury or wrongful death claim following a car accident. If you have been injured in an accident, contact us today to explore how we can assist you in securing the compensation you deserve.