Motor vehicle collisions can cause profound distress and even change the course of a victim’s life, leaving behind financial strains, physical and emotional harm, and ongoing stress. Of course, filing an accident claim in the aftermath can help you secure recompense for your losses when a negligent party has caused your crash.
Moreover, the dashcam is one device that can assist in mitigating some of the ambiguity associated with car accident cases, providing solid evidence to prove your narrative of the incident. Your team of car accident attorneys will review the function of dashcams in establishing liability in your case and determine the ways in which this evidence can assist accident victims, as well as their attorneys, in attaining an equitable resolution.
Consult a lawyer immediately if you’ve been hurt in a crash and want to learn more about the role of dashcam evidence or other evidence to prove your claim. Our team at Beckerman Anderson has vast experience with all kinds of personal injury cases and can assist you in getting the justice you deserve immediately.
Common Types of Evidence For Accident Claims
If your case gets to trial, you or your personal injury attorney must submit evidence to a judge or jury. On top of that, while California law does allow accident victims to pursue compensation, it does so within time constraints: a two-year statute of limitations exists for filing an auto accident claim in California.
Once again, in a civil suit, the party presenting evidence has the burden of proof, and this proof generally falls into four main categories:
- Verifiable proof: Physical objects left at the accident site are examples of real or verifiable evidence. The jury may be able to handle and view evidence such as your damaged vehicle, a faulty product, or other tangible objects.
- Witnesses’ personal testimonies: Witness testimony is a sort of evidentiary proof. It often covers testimony from eyewitnesses (those who observed the incident firsthand) and expert witnesses (later retained by a plaintiff’s team to provide testimony in a particular field).
- Records or written documentation: Documentary evidence is admissible to prove that the defendant is at fault. Evidence might include everything from photos and videos to police reports, medical files, and insurance policies.
- Demonstrative or visual evidence: Demonstrative evidence may prove a defendant’s guilt. Animations, infographics, and other comparable technologies are often used as examples, as is video evidence, such as dashcams.
Dashcam Evidence After a California Car Crash
Dashcams can greatly assist in the collection of evidence following an accident by providing an objective, unbiased record of the events preceding a collision. Video evidence has the potential to prove fault by showing specifics surrounding the wreck that might not be readily discernible only from witness testimonies or police reports.
For instance, dashcam footage can reveal whether a motorist had the right-of-way before a crash, was speeding, or ran a red light; such information is indispensable when establishing liability. Additionally, dashcam recordings can provide an irrefutable chronology of events preceding a wreck, which can be especially useful when multiple parties are involved in an accident.
Court Admissibility of Dashcam Footage
Dashcam footage is generally admissible in California courts as evidence, provided it satisfies specific criteria. For example, the footage must be authentic, pertinent to the case, and trustworthy or reliable. Establishing a correct chain of custody (of the dashcam) and providing evidence that the video was not manipulated when using the footage is essential.
Remember that the plaintiff must provide evidence that the defendant’s carelessness or negligence was the direct cause of the harm or injuries they sustained. Moreover, in cases of personal injury in California, state law requires that persons take early action after suffering an injury in an accident to protect crucial evidence. You must find, secure, and gather all the evidence that will be required to back up your claim.
Other Evidence to Support Dashcam Footage
You will be unable to hold the defendant accountable for your injuries without a sufficient amount of proof. So, if possible, don’t plan to rely on dashcam footage alone and begin collecting additional evidence regarding the accident in question, including but not limited to the following:
- Pictures of the accident site
- First-hand accounts and witness statements
- Official copies of your medical chart and/or records
- Journal entries about the experience
- Statements and judgments from specialists or expert witnesses in the field
This list may not include every possible piece of evidence that might be used to support your personal injury claim. Keep track of all the details that might help your case, particularly if they point to another party’s responsibility for the accident. Contact a lawyer if you need help collecting evidence while hospitalized.
Correct Positioning For Dashcams in California
There is another caveat when it comes to dashcam footage: drivers must comply with California law when installing a dashcam in a vehicle in order to avoid potential complications when it comes to not only filing a claim in court but also for insurance reporting purposes after a crash. The California Vehicle Code permits the installation of dashcams within the following locations:
- A 7-inch square portion of the windshield’s lower right side.
- A 5-inch region in the driver’s side lower left quadrant.
- A 5-inch space in the upper center of the windshield, posterior to the rearview mirror.
By positioning the dashcam within the specified areas, drivers can follow the proper legal requirements and also ensure optimal visibility and driver safety at all times.
Call the Orange County Car Accident Lawyers in Orange County
Following serious injuries sustained in a car accident, you will likely face a number of considerable obstacles moving forward. Thankfully, you and yours don’t have to endure the aftermath alone; a qualified legal team can help. After a car crash has resulted in damages and injuries, victims should consult a seasoned Orange County car accident lawyer who can assist them in obtaining compensation to facilitate their recovery.
Our accident attorneys at Beckerman Anderson are sympathetic to your situation and want to walk you through your options for overcoming the difficult and stressful aftermath of a car crash that’s occurred through no fault of your own. For a free consultation with our experienced team, contact our Costa Mesa auto accident attorneys at 949-409-4242. We’ll teach you how to document your losses and injuries so that you have the strongest case possible.
