Dashcam footage, when available, provides hard-to-dispute evidence of the moments leading up to a South Bend car crash. Depending on the angle and footage captured, it could make or break your legal claim. If you or the other driver had a dashcam, the objective evidence captured can significantly impact your ability to recover compensation for your medical costs, pain and suffering, and other damages.
Table of Contents
- The Importance of Dashcam Evidence in Indiana Accident Claims
- What Does a Dashcam Record During a Collision?
- How Do Insurance Companies Approach Video Evidence
- How Can Video Footage Strengthen Your Case?
- When Might Video Evidence Work Against You?
- Technical Requirements for Usable Accident Footage
- How to Properly Preserve Video Evidence After a Crash
- How Can A Lawyer Use My Dashcam Footage?
- Best Practices for Recording and Utilizing Accident Footage
- Injured in a South Bend Car Accident? Call Our Trusted Law Firm Today
At Pfeifer Morgan & Stesiak, our South Bend car accident attorneys have extensive experience managing complex injury claims. If you are a victim of negligence, we can help you obtain available dashcam evidence to maximize your compensation claim. If dashcam footage of your car crash exists, we can take steps to ensure this evidence is preserved. It is vital that you seek legal help right away, however, as this footage is often overwritten or erased within days.
Request a FREE case review today. Call: (574) 444-0741
The Importance of Dashcam Evidence in Indiana Accident Claims
Dashcam footage provides unbiased documentation of what happened during an accident, making it an effective form of evidence in car crash claims. Unlike witness testimony, which can be unreliable or contradictory, video recordings offer a neutral account of events. Dashcams capture many key details, like traffic signals, weather conditions, vehicle positions, and driver actions that might otherwise be disputed.
Insurance companies may try to take advantage of the state’s moderate comparative negligence rule by trying to shift some of the blame. If successful, they can reduce the amount they have to pay you by the amount of fault assessed against you. If you have video footage that supports your claim and shows the other party’s negligence, however, they often change their settlement position. Compelling footage can be the solid evidence you need to avoid a long delay in resolving your claim or, worse still, having to go to court to prove your case.
What Does a Dashcam Record During a Collision?
Modern dashcams capture far more than just basic video footage during the crucial moments surrounding a car crash
- Date, time and GPS location of the accident
- Speed of your vehicle at impact and seconds before collision
- Driving behaviors of all surrounding vehicles (lane changes, turn signals, braking)
- Road conditions and visibility at the exact moment
- Traffic signal status and roadway signage
- Audio including honking, screeching brakes or verbal statements
- Actions taken immediately after the collision
How Do Insurance Companies Approach Video Evidence
Insurance adjusters typically give significant weight to dashcam recordings. Even when footage provides objective evidence of their policyholder’s negligence, they may still search for evidence showing the victim was partially to blame.
Insurance companies look for small details, such as broken brake lights, whether the victim was speeding, or how quickly they took evasive actions. These factors may not be immediately obvious but they could affect the at-fault party’s percentage of fault. Depending on what they find, any fault against the victim would ultimately impact how much the insurance company has to pay.
How Can Video Footage Strengthen Your Case?
Video evidence can transform a difficult car accident claim into a compelling case that significantly improves your chances of fair compensation.
- Establishes apparent fault by showing exactly who violated traffic laws
- Contradicts false statements made by the other driver about how the crash occurred
- Captures dangerous driving behaviors like texting, speeding or road rage
- Documents weather and road conditions that contributed to the accident
- Proves the timing and sequence of events leading to the collision
- Shows the severity of impact, supporting injury claims
- Records statements made at the scene that may constitute admissions of fault
When Might Video Evidence Work Against You?
Dashcam footage can potentially undermine your car accident claim if it captures any driving behavior on your part that suggests shared responsibility for the collision. Even minor traffic infractions like rolling through stop signs, following too closely or exceeding the speed limit, even a little, can be use to reduce your compensation.
Additionally, recordings that fail to capture crucial moments due to poor angle positioning, low video quality or timing issues might create an incomplete or misleading narrative about how the accident occurred. One example of this is footage that shows your actions immediately before or after the collision while downplaying the other driver’s more significant negligence that the camera failed to document clearly.
Technical Requirements for Usable Accident Footage
Not all footage provides equal value in car accident claims, as several technical factors determine the quality of your video evidence.
- Minimum 1080p resolution for clear identification of vehicles and license plates
- Wide-angle lens (at least 140 degrees) to capture multiple lanes and roadside activity
- Proper timestamp and GPS data overlay for verification purposes
- Adequate frame rate (30fps or higher) to prevent blurring during high-speed incidents
- Night vision capability with infrared LEDs for low-light recording
- Secure storage system that prevents footage tampering or deletion
- Impact-triggered automatic recording feature that captures sudden collisions
- Weather-resistant housing to maintain functionality in Indiana’s variable climate
How to Properly Preserve Video Evidence After a Crash
The immediate moments following a collision are crucial for preserving video evidence that could make or break your injury claim. Taking proper steps to secure your footage can prevent devastating losses of critical evidence.
- Download and backup the footage to multiple devices (phone, computer, cloud storage)
- Do not edit, crop or alter the original recording in any way
- Document the make, model and serial number of your recording device
- Note the exact date and time settings of your camera
- Take photographs of how the camera was mounted in your vehicle
- Create a written timeline of events to accompany the video
- Inform your attorney about the footage immediately
- Avoid posting evidence on social media platforms, including any video footage you may have
- Keep the original memory card in a safe location
How Can A Lawyer Use My Dashcam Footage?
An experienced personal injury attorney can leverage your footage strategically throughout your case to maximize your potential compensation.
- Create compelling visual presentations for insurance negotiations that establish fault
- Identify subtle details you might have missed that strengthen liability arguments
- Consult with accident reconstruction experts to analyze technical aspects of the collision
- Counter inaccurate police reports or witness statements with objective video evidence
- Establish precise timing and sequence of events leading to the crash
- Demonstrate the severity of impact to support serious injury claims
- Prevent defendant claims of comparative negligence by showing your proper driving
- Use as leverage to expedite settlement without lengthy litigation
- Present as powerful courtroom evidence if your case proceeds to trial
Best Practices for Recording and Utilizing Accident Footage
Be sure to set up your camera correctly before getting behind the wheel. If your camera captures key footage of a crash you are involved in, have your attorney help you preserve the evidence appropriately. Similarly, if you notice the other driver has a dashcam, your attorney can take immediate steps to ensure that evidence is preserved. Taking these steps right away is vita to the success of your car accident claim.
- Position the camera at an optimal angle that captures both the road ahead and your dashboard
- Ensure date and time settings are accurately synchronized with real time
- Regularly check that your memory card has sufficient storage space
- Test your camera’s functionality in various weather and lighting conditions
- After a collision, announce verbally that you have a recording device for documentation
- Exchange information with other drivers within view of your camera if possible
- Note relevant details aloud that the camera might not capture (pain, injuries, statements)
- Inform responding police officers about your footage
- Review the footage with your attorney before discussing it with insurance companies
- Keep a log of who has viewed or received copies of your recording
Injured in a South Bend Car Accident? Call Our Trusted Law Firm Today
Dashcam footage provides powerful evidence that can dramatically impact your car accident claim. Often, this impartial footage can be the difference between recovering partial or maximum compensation. When properly secured, preserved and presented, dashcam footage helps to reduce delays in settlement negotiations and strengthens your position against the insurance company.
At Pfeifer Morgan & Stesiak, or knowledgeable legal team is familiar with the tactics insurance companies use to try to devalue your claim. If you have dashcam footage, we know how to obtain it properly and how to leverage this footage to help build compelling on your behalf. We have a proven history of securing favorable outcomes for our clients, and we are ready to fight for the full and fair compensation you deserve.
Call us today for a free, no-risk consultation about your case. You can also complete our simple online form to have an attorney reach out to you within 24 hours.
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