Every day, California experiences thousands of police-reported car crashes. Traffic incidents are common in the state and you may never know if knowledge of liability laws can protect you from unforeseen auto expenses. However, the legal process of recovering damages can look complex initially.
California is an at-fault state for auto liability, meaning the driver who caused the collision is financially liable for damages. (Note: Under California’s pure comparative fault rules, you can still recover partial damages even if you are found partially to blame.) If you are a victim, you must file a claim against an at-fault driver’s insurance for compensation. You can seek compensation for expenses such as lost wages, car repairs, medical bills and more.
The role of evidence in auto liability
California law requires every driver to carry auto insurance. If you file a claim with an at-fault driver’s insurance carrier, you will need solid evidence to defend your case. Victims regularly use records such as traffic reports and cellphone data to prove fault.
In recent years, cameras on the road have become increasingly more common. Cameras now exist alongside roadways, in public areas and now, car dashboards. Many people have used dashcam footage to win California injury cases in recent years.
How dashcams change the game
Dashcams play a powerful role in modern California car accident claims. They are objective first-hand accounts of the crash. They are also complete presentations: a camera can record what happened before, during and after the accident. A dashboard camera allows you to view direct, unedited footage where you can review details you may have overlooked or forgotten.
Firsthand witness reports may even be less reliable than dashcams. While bystanders may misremember important details, cameras can accurately convey what occurred during the incident. They can confirm witness statements, or settle issues when testimonies conflict with each other.
Dashcams protect you from mistruths or deliberate misinformation. In some cases, dashboard cameras protect innocent drivers from becoming victims of malicious actors. Insurance fraud involving motor vehicles becomes much harder to pull off when confronted with video evidence.
Things to remember
Like any recording tool, dashcams may not prove to be an asset in personal injury cases under certain scenarios. Sometimes dashboard cameras may reveal evidence that undermines your claim. Take note:
- Do not tamper with the evidence: You must not edit or alter dashcam footage in a way that can call its authenticity into question.
- Disable the microphone or obtain consent from passengers: If your dashcam has audio recording features, you may run into issues with California’s audio privacy laws.
Many insurance companies treat video evidence similarly to photographs. While some may dispute it, dashcam footage is generally admissible in court. The best course of action is to consult a legal professional who can utilize your dashcam effectively in your case.
