Can Camcorder Footage Prove Negligence in an Accident Claim?

A camera can help with a personal injury claim

The only evidence that does not lie about any accident is video footage. The video clearly shows how the accident happened. Drivers must be alert while driving and obey all applicable traffic laws. Video footage can show that the driver has violated his duty to other road users.

If you have been injured by someone else’s negligence, you need the legal team at TK Injury Lawyers to help you through the next steps of your accident.

Video footage can come in many forms: dash cams, red light cameras, “body cams” and even cell phone footage. The list is endless.

Dashboard cameras

A dashboard camera, or “dashcam,” is usually mounted on the windshield of your car. There are apps you can download to turn your smartphone into a dashcam. Depending on the complexity of the dashcam, you can record both the exterior and interior of your vehicle.

The cam usually turns on when you start the engine and turns off when you stop the engine. Advanced dashcams have built-in G-force sensors that automatically save footage if they sense a strong force on the vehicle.

High-end dashcams also have GPS to track speed and even acceleration. Dashboard cameras record in a loop, meaning older footage is often overlaid with newer video coverage.

Many drivers have dash cams and the videos are almost always admissible in court. In Texas, the only restriction on the use of dashcams is to tape objects to the windshield in a way that obstructs the driver’s view.

Red light cameras

Also known as photo traffic lights, this type of camera is mounted on top of a traffic light or on a street pole facing an intersection. After the light turns red, the camera pans and captures a vehicle crossing the intersection.

In June 2019, the Texas legislature passed a law banning the use of red light cameras in traffic enforcement. The city of Austin used traffic cameras at 10 different intersections for nearly a decade, but was forced to turn them off when a new law went into effect in 2019. Unfortunately, the ban on red light cameras removes key evidence in the event of an accident. accident investigation.

Body cameras

Police officers may have body-worn cameras to record interactions between themselves and other members of the community. It is usually clipped to an officer’s uniform with a visible area facing forward.

This type of evidence is often admissible in court and can be crucial in corroborating eyewitness testimony.

A person in one of the vehicles or even a passenger can record the incident on their mobile phone. Although mobile phones are everywhere, mobile phone videos are often unreliable. Videos are inadmissible in court if the video is of poor quality or the time and/or place of filming cannot be confirmed.

All video evidence must be authenticated before it can be admitted into evidence. In order to authenticate video footage, someone must testify to its authenticity. An experienced personal injury attorney will have the skills necessary to convince a judge that the video is relevant to be admitted as evidence.

Depending on the type of images, different protocols will need to be followed to capture the video. In Austin, the public is allowed to request video footage from law enforcement. Certain criteria must be provided, including a date and time, a specific location, and one or more people who are the subject of the entry.

Insurers often review dash cam footage to learn how an accident happened. If the insurance adjuster works for the at-fault driver’s insurance company, they will study the videos to deny your claim.

A personal injury attorney will look into where your accident occurred and investigate which private businesses or government organizations may have cameras that may have captured your accident on film. If the party holding the video refuses to release it, a lawyer can help you by obtaining a subpoena to obtain the footage. A subpoena is a court order requiring an unwilling party to produce documents.

Hire a personal injury attorney near you today

Camcorder footage can come in handy if you’re involved in an accident. You need all the evidence you have when filing a claim. Although video footage is difficult to obtain, it can be crucial in proving the other party’s liability. Contact TK Injury Lawyers today to find out how we can help you.

Trent Kelly

Trent Kelly received his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice focuses primarily on personal injury, particularly involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death, but he also handles a variety of business litigation matters. comes out. Click here to review some of the complex cases Trent has handled.

Years of experience: +15 years
Address: Austin, TX

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