Posted on July 27, 2021
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If you get injured in a car accident in Texas, it is important to begin building your claim from the very beginning by gathering key evidence. Evidence is the center point of your personal injury claim; it is the facts, data and information available to support your allegation that another person or party caused the car crash. One of the strongest forms of evidence in a car accident claim is video footage from a dashboard camera (dash cam).
Is Dash Cam Footage Admissible as Evidence?
Yes, dash cam footage can be used in court as evidence during a car accident case in Texas. Since it is legal to install dashboard cameras in private vehicles, the footage is almost always admissible as evidence. There has been a dramatic increase in the number of vehicles with dashboard cameras in recent years, as well as the number of car accident victims with documented photographs and video footage of their collisions from dash cams.
Photographs and videos can provide important evidence that drastically improves a victim’s chances of a favorable resolution in a car accident claim. If the dash cam caught the collision on tape, this can help the victim prove the other driver’s fault. Dash cam footage can provide extremely strong evidence against another driver or party by recording exactly what happened in the moments before, during and after a collision.
Dash cam footage can be especially important in a case where liability is disputed. If one driver believes that he or she had the right-of-way, for example, but a dash cam recording of the collision shows otherwise, that driver may be found liable for the crash and have to pay for damages out of his or her car insurance. However, to be admissible in court, the dash cam must have recorded footage that is relevant to the case. It is up to the presiding judge to determine whether or not dashboard camera footage will be allowed as evidence.
What Must Be Proven in a Car Accident Claim?
You may need to gather and present evidence to an insurance company before you can recover financial compensation for your car accident and related injuries in Texas. As a party injured in a car accident that you did not cause, it is up to you or your car accident attorney to prove that the other driver is to blame. This is a requirement since Texas is a fault-based insurance state, meaning that the person or party most at fault for causing the collision will be financially responsible for the crash and related damages.
Unfortunately, many drivers and their auto insurance providers will try to refuse liability for a car accident to save money on a payout. If there is a liability dispute, you may need to provide evidence that establishes the other driver is at fault for your collision. Common types of evidence are eyewitness statements, a police report, photographs of the crash scene, testimony from collision experts and medical records. Evidence may also include dash cam footage, if available.
It is your responsibility to prove that the other driver breached his or her duty to safely operate a motor vehicle, such as by breaking a traffic law or driving recklessly. Then, you or your lawyer must establish that this breach of duty is what caused or significantly contributed to your collision. Dashboard camera footage can provide vital evidence of the other driver’s fault by catching the driver’s mistake or rule violation on camera.
How to Gather Evidence After a Car Accident in Dallas
If you believe that a dashboard camera caught footage of a car accident and could help you prove your personal injury case, take steps to preserve the footage right away. If you own the dash cam, back up the footage or make copies of the tape. If the other driver has the dashboard camera, contact an attorney right away to help you file a letter of spoliation.
This is a legal document that will require the other driver to preserve the dash cam footage as potential evidence for your injury claim. A car accident attorney in Dallas can help you obtain dash cam footage and gather other types of evidence, as well, such as a copy of your police report and medical records. Then, your lawyer can use this evidence to build a compelling case against the other driver on your behalf.