How Can Dashcam Footage Impact a Car Accident Claim?
Car accidents happen in an instant, but they can cause long-term physical, financial, and emotional impacts on the motorists and their families. While a car accident claim doesn’t erase the injuries or undo the accident, it opens the door to the best medical care and relieves injury-related financial hardship. A successful claim against the party responsible for the accident also brings the injury victim a sense of justice.
Most states, like Oklahoma, have fault-based car accident laws under which a car accident victim has the burden of proving the liable party’s fault for the accident to recover their damages. When one of the involved vehicles in an Oklahoma City car accident has a dashcam, it can significantly impact an accident claim.
The Importance of Proving Liability in an Oklahoma City Car Accident Claim
Car accident claims in Oklahoma City are made against the liable party’s auto insurance. Insurance companies are a profit-based industry with insurance adjusters who investigate each car accident claim with the goal of protecting profits. An insurance company can reduce the amount it pays out on a claim by minimizing a policyholder’s liability after an accident.
For example, if an injury victim’s claim amounts to $100,000 but the responsible party’s insurance company assigns the injury victim 40% of the fault for the accident, they reduce the payout on the claim to $60,000. In some cases, an insurance company could shift liability to the injury victim by assigning them 51% of fault. An injured motorist who is more than 50% responsible for an accident cannot recover compensation under a modified comparative negligence system and may be held liable for injuries to those in the other vehicle in a two-car collision.
For these reasons, it’s crucial to have compelling evidence to prove the responsible party’s negligence and liability and defend against being held liable for an auto accident you didn’t cause. Dashcam video may provide that evidence.
Is Dashcam Video Evidence Admissible in Court?
Dashcam video evidence is admissible in court as long as it’s legally obtained and meets the court’s requirement for relevance. In other words, using dashcam video to show another driver’s history of speeding isn’t admissible as evidence, but dashcam video of the accident itself is relevant and admissible as long as it’s genuine and has not been altered or edited. Dashcam footage can be obtained through a warrant or subpoena. For this reason, it’s important not to destroy or tamper with your dashcam video after a car accident.
Evidence Proving Liability in an Oklahoma City Car Accident Claim
Establishing legal liability for car accident damages like medical expenses, lost earnings, and compensation for pain and suffering requires compelling evidence of the at-fault party’s liability. When available, dashcam video is a neutral, reliable source of effective evidence. It may be used in conjunction with the police report, eyewitness testimony, and the medical report showing the injury victim’s damages. Evidence in Oklahoma City personal injury claims must demonstrate the following legal standards of liability:
- The responsible party owed a duty of care to the injury victim and others on the roadway
- They violated this duty through negligence (careless, reckless, or wrongful action)
- The violation of duty directly caused the accident
- The accident victim suffered damages from the injury
Dashcam video reveals the moments leading up to the car accident and the accident itself, making it an important source of evidence in a car accident claim. Working with an experienced Oklahoma City car accident lawyer ensures the footage is used effectively to strengthen your claim and maximize compensation. Contact Dan Davis Law at (405) 930-4210 today.