Ever wonder what makes a personal injury case a slam dunk?
It’s not complicated legal tactics. And it’s not a fancy lawyer with a big desk.
It’s video evidence.
Dashcam and smartphone footage have revolutionized how personal injury claims are resolved. And the best part…
Getting your hands on this type of evidence is easier than ever before.
The problem:
Many accident victims simply don’t know how to properly handle or preserve this kind of evidence. They lose it, damage it, or turn it over to insurance companies way too soon.
If you’d like to know exactly how dashcam and smartphone evidence can strengthen your personal injury case and help you get the compensation you deserve, then read on.
Here’s what’s covered in this guide:
- Why video evidence matters in personal injury cases
- How dashcams prove fault in car accidents
- Using smartphone evidence the right way
- The different types of video evidence that win cases
- Mistakes that can destroy your evidence
Why Video Evidence Matters In Personal Injury Cases
Video evidence is the single most important game changer for personal injury claims.
Here’s why…
Immediately after a car accident occurs, there are usually two completely different stories. Each driver points the finger at the other party. Insurance companies absolutely love this. It allows them to deny claims or pay as little as possible.
Video footage takes the guesswork out of determining fault. Eyewitness testimony is known to be often unreliable and subjective. Dashcams and smartphones on the other hand provide an objective record of what actually happened. They show the moments leading up to, during, and after an accident.
This matters because over 1 in 5 American drivers now use a dashcam.
Working with personal injury experts like those found at Mahony Law Firm and having video evidence at your disposal can dramatically speed up the claims process and lead to larger settlement offers. The right personal injury law firm knows exactly how to properly use this footage to build the strongest case.
Pretty powerful stuff, eh?
How Dashcams Prove Fault In Car Accidents
Dashcams serve as silent witnesses. Witnesses that never get tired or lose their memory.
Dashcams just record. They capture speed, lane position, brake lights, traffic signals, weather conditions, road hazards. They store all this information in clear detail complete with timestamps and sometimes GPS coordinates.
This matters because proving fault is absolutely everything in a personal injury case.
Dashcam footage can be used to prove:
- Traffic violations like red light running, illegal turns, and failure to yield
- Driver behaviour such as distracted driving, reckless manoeuvres, and road rage
- Road conditions, wet pavement, debris, and poor visibility
- Impact details. The speed of a vehicle at the time of a collision, point of contact, and severity
Dashcam footage doesn’t lie. It is a complete and accurate record of what happened. This makes it incredibly difficult for the other driver (or their insurance company) to argue against the facts.
Oh and here’s something most people don’t realize…
Dashcams from the other vehicle can also be used as evidence. Commercial trucks and semis are often required to have dashcams which record both the road and the driver’s cabin. This footage can be used to prove driver inattentiveness.
Using Smartphone Evidence The Right Way
These days, almost everyone has a smartphone.
In fact, 97% of Americans own mobile phones. Most of these smartphones are equipped with cameras that can capture high quality video and stills.
This means that it’s more likely than ever before that accident scenes are going to be recorded.
Smartphone evidence in personal injury cases can include:
- Photos and videos taken by drivers and bystanders at the accident scene
- Surveillance camera recordings of a crash
- Cell phone records proving distracted driving
- Text message records with time and date stamps
- GPS location data
Here’s the thing…
Smartphones can be used as evidence to prove that the other driver was distracted at the time of the crash. Attorneys can request cell phone records from a smartphone to determine if a driver was texting or making calls when the collision happened. Even talking hands-free on the phone at the time of an accident is considered a distraction.
It only takes a second of distraction to cause a major accident.
But remember that smartphone evidence cuts both ways. If there is video showing the injury victim somehow contributing to the cause of the accident, it can severely hurt their claim. This is why it’s critical to review all video footage with a lawyer before turning it over to an insurance company.
The Types Of Video Evidence That Win Cases
There is more sources of video evidence than most people realize.
In addition to personal dashcams and smartphones, here are some other places that accident footage may be found:
Traffic cameras. Governments install them at intersections and toll booths. The footage from these cameras is obtainable via formal requests.
Surveillance cameras. Businesses, banks, and private parking lots often have CCTV cameras which capture nearby accidents. The key here is acting fast, as this footage often gets recorded over.
Police body cameras. Responding officers often wear body cameras which capture driver impairment, statements made at the scene, and more.
Doorbell cameras. Video doorbells are becoming popular with many people. They are sometimes the source of accident footage or reckless driving that happened immediately prior to a crash.
The key in all this is acting fast.
Video evidence has a very short shelf life. An experienced attorney will send out video evidence preservation letters which freeze this evidence before it’s gone.
Mistakes That Can Destroy Your Evidence
Video evidence is great. But handling it the wrong way can blow your case.
Here are some of the biggest mistakes to avoid:
Editing the footage. Never cut, trim, or otherwise modify video files. Original, unaltered recordings are required by the court. Any sign of tampering and the evidence is inadmissible.
Posting on social media. Uploading footage to social media before consulting with an attorney is handing over defence ammo. Keep it to yourself until you’ve spoken to a lawyer.
Waiting too long. Video evidence needs to be preserved ASAP. Dashcam memory fills up, security cameras overwrite old footage, etc. Time is the enemy of video evidence.
Not backing up. Always make copies of original recordings and store them in multiple locations.
Sharing too early. Insurance adjusters look at every frame of video they receive trying to figure out ways to reduce claims. Let your lawyer review everything first.
The bottom line…
Video evidence is only as good as the way it is handled.
Bringing It All Together
Dashcam and smartphone footage have revolutionized how personal injury cases get resolved.
Technology provides objective proof of what happened during an accident. It cuts through the “he said, she said” disputes that insurance companies thrive on. It can also dramatically speed up settlements and lead to larger compensation amounts.
Let’s quickly recap:
- Video evidence provides objective documentation insurance companies can’t argue with
- Dashcams record fault indicators like traffic violations and driver behaviour
- Smartphones can be used to prove distracted driving through call and text records
- Multiple sources of video evidence exist beyond personal recordings
- Proper handling of this evidence is absolutely critical
Anyone who drives should strongly consider purchasing and installing a quality dashcam. They are inexpensive when compared to the kind of protection they provide.
If an accident occurs, document everything. Preserve footage. Talk to a qualified attorney before turning anything over to insurance companies.
That is the smart way to protect a personal injury claim.