Evaluating the Significance of Dashcam Footage in Motor Vehicle Accident Litigation

What Is a Dashcam, and Is Dashcam Video Footage Admissible in Court?

A dashcam is a small camera attached to the dashboard or the back of the rearview mirror inside the vehicle (note: it’s illegal to mount them on the windshield in Washington State). It records what happens in front of the car. Some versions also allow recordings of what happens behind the vehicle. Either way, it can provide hard evidence of another driver’s fault in an accident or poor road conditions that led to an accident. When the vehicle is parked, a dash cam may provide a deterrent to theft or vandalism or at least record those events.

For the most part, dashcam footage is acceptable in civil court when pursuing litigation for injuries sustained in a vehicle accident. However, there are some rare instances in which the footage isn’t legally admissible. If the court believes the footage violated someone’s privacy, they may not allow it to be entered as evidence. For example, if there were passengers with you in the vehicle and the dashcam recorded conversations, but the passengers were unaware they were being recorded, that’s a violation. Washington State requires all people being recorded to be informed that they’re being recorded.

What Value Could Dashcam Footage Have in My Personal Injury Case?

Dashcam footage can have immense value in pursuing damages after an accident. For example, it can provide clear proof that the other driver violated the law (ran a red light, veered into the oncoming lane, etc.). What’s more, the footage is unbiased–the video doesn’t have an opinion in the case; it just records what actually happened, which makes it especially valuable in cases where there were no eyewitnesses or there are conflicting accounts of what took place.

When dashcam footage provides hard evidence of the other driver’s reckless driving, it can expedite having claims settled. When another driver is clearly at fault, and the dashcam shows it, the other driver’s insurance representative and attorney are less likely to want to go to court and more likely to negotiate an acceptable settlement.

It may be especially helpful for cases where more than one driver is at fault. Washington State follows what’s known as pure comparative negligence laws. That means that if multiple drivers are at fault for the accident, each one will be assessed a percentage of the fault. If the injured party is found to be 50% at fault and is awarded $10,000 in damages, the compensation will be reduced by the percentage of fault, and they’ll receive only $5,000.

When another driver claims the injured party is mostly at fault, but there is dashcam footage proving otherwise, the victim may not be penalized as heavily for any fault they have.

What Types of Damages Would I Be Eligible For if I’m Injured in a Car Accident?

Every case is unique, and every award for damages varies according to various factors. But if you’ve been injured in an accident and have dashcam footage proving the other driver was primarily responsible, there are several types of compensation you may be awarded. For a better idea of how your case may play out, it’s vital to work with an experienced car accident attorney.

There are two broad categories of financial compensation that may be awarded.

Economic Damages

As the term implies, this category represents quantifiable financial losses. Those may come in the form of out-of-pocket medical bills, lost wages, repairs or replacement of your vehicle, ongoing medical and rehabilitation fees, or possibly wrongful death.

Non-Economic Damages

This includes things that are more difficult to quantify, as no specific price tag is associated with them. It can include pain and suffering (including mental and emotional distress), disfigurement, loss of companionship, decreased enjoyment of life, and loss of consortium.

What Does It Take to Prove Negligence in Washington State?

For any personal injury case, including vehicle accidents, to succeed, there are four components that must all be proven.

• Duty of care. That means the other driver in the accident had a responsibility to others on the road to drive with caution to protect themself and everyone else.
• Breach of the duty of care. The driver did not exercise care and caution while driving. For example, they were speeding and changed lanes without warning or signals.
• Causation. Because one driver was behaving irresponsibly, they caused an accident that led to the other driver sustaining injuries. In other words, if the first driver had been responsible, driven at the speed limit, and took the time to signal a lane change, and waited until the lane was open, the accident wouldn’t have happened. This can be the most difficult factor to prove, and it’s often where dashcam footage becomes especially crucial.
• Damages. Because one driver was reckless, another driver was injured and faced financial damages.

What Should I Do if I Was Injured in a Car Accident and Have Dashcam Footage of the Crash?

Call South Sound Law Group as soon as possible at 253-465-2722 to request a free consultation. We can review the footage along with the other aspects of your case to determine the right approach going forward. Our team of experienced, knowledgeable car accident attorneys understands how difficult this is for you and how complex the laws are.

We’ll work to help you achieve the best possible outcomes.