Proving the other driver's fault can be difficult when you're involved in a car accident in San Diego. Conflicting witness statements, disputes over liability, and insurance companies eager to minimize payouts can all complicate your ability to get the compensation you’re entitled to for your injuries. However, if you have dashcam footage of the incident, you may have strong evidence to support your claim.
As an experienced San Diego car accident lawyer, Mark C. Blane recognizes the significant impact of dashcam video in establishing liability and protecting your rights after a crash. By strategically incorporating this footage into your case, Mark can help you build a compelling argument for the compensation you deserve.
What Are the Benefits of Dashcam Footage in Auto Accident Claims?
Dashcam footage provides an unbiased, real-time account of how an accident occurred. This visual evidence can be invaluable when fault is disputed or witness accounts of what happened are inconsistent. Here's how our car accident lawyer can use dashcam video to bolster your auto crash claim:
- Objectivity: Video footage eliminates the subjective nature of "he said, she said" arguments by clearly depicting the events leading up to and during the collision.
- Credibility: Recorded video is challenging to dispute or manipulate, adding weight to your version of events.
- Context: Dash cams capture essential details like traffic signals, road conditions, the other driver’s estimated speed, and vehicle positions that may be overlooked or forgotten after a crash.
- Corroboration: Video evidence can support physical evidence and injury claims, strengthening the foundation of your case.
When utilized effectively by our attorney, dashcam footage can be a game-changer in settlement negotiations, and if you must litigate your case.
California's Dashcam Laws
Before using dashcam footage in your car accident claim, it's crucial to understand California's laws regarding video recording devices in vehicles. Under Cal. Veh. Code § 26708, using a dashcam to record video while driving is legal. However, there are some restrictions to keep in mind:
- Mount law requirements. The dashcam must not be more than five inches if mounted on the top center or the lowest corner nearest the driver of the windshield. It can’t be more than seven inches if installed in the lower right corner of the windshield.
- Airbag deployment. The dashcam placement can’t interfere with your airbag’s deployment.
- Triggering event. The dashcam can only record 30 seconds before and after a triggering event. A car accident is considered a triggering event under this law.
- Passenger consent. California is a two-party consent state for audio recording. This means that if your dashcam records audio, you must obtain consent from any passengers in your vehicle or inform them that they are being recorded.
If you adhere to these guidelines, your dashcam footage can be valuable evidence in your auto collision case. Our car accident lawyer can help make certain your video evidence admissible in court.
What Are the Potential Limitations of Proving Fault Using Dashcam Footage?
Although dashcam video offers clear advantages, it isn’t always helpful. You need to understand the potential limitations of using it to prove that the at-fault driver caused your car accident. Here are problems you could face in trying to use it:
- Limited perspective. A single dashcam may not capture the full story if it doesn't record the collision from multiple angles.
- Privacy concerns. While recording video in public is generally permitted, you may encounter restrictions in specific locations or situations.
- Poor video quality. Car accident footage may not be helpful if the quality of the footage is poor.
- Potential drawbacks. If the video reveals that you were partially at fault or engaging in risky behavior, it could hurt your case.
What Additional Evidence Can You Use to Prove the Other Driver’s Negligence?
While dashcam footage can be crucial evidence in your car accident claim, it's often most effective when combined with other evidence demonstrating the other motorist's negligence. Our San Diego car accident attorney may also gather:
- Police reports: The police report can provide an unbiased account of the incident, including the officer's assessment of fault based on evidence at the scene.
- Witness statements: Eyewitness testimony can corroborate your version of events and provide additional perspectives on how the accident occurred.
- Physical evidence: Skid marks, vehicle damage, and debris patterns can help reconstruct the accident and support your claim.
- Expert testimony: Accident reconstruction specialists, medical professionals, and other experts can provide authoritative opinions on fault, the extent of your injuries, and the long-term impact on your life.
- Medical records: Detailed documentation of your injuries, treatment, and prognosis can establish the severity of your damages and link them directly to the accident.
Building a strong case requires a comprehensive approach that integrates various forms of evidence. Our attorney knows how to gather and present this evidence persuasively to support your claim for maximum compensation.
Protecting Your Rights with Skilled Legal Representation
If you've been injured in a San Diego car accident, having dashcam footage can significantly bolster your claim, but it's only one aspect of a successful case. To secure the full and fair compensation you deserve, you need a dedicated advocate who understands how to leverage evidence effectively, calculate your total damages accurately, and stand up to insurance companies that may try to undervalue your claim.
At the Law Offices of Mark C. Blane, APC, attorney Mark Blane is an accomplished San Diego car accident lawyer with a track record of success in helping crash victims protect their rights and recover the compensation they need to move forward. He understands the profound impact a serious accident can have on every facet of your life, and he is committed to providing personalized, compassionate representation every step of the way. With Mark’s extensive experience, meticulous approach, and unwavering dedication to client success, you can trust that he will fight tirelessly to maximize your recovery and secure the justice you deserve.
