After an accident leaves you hurt, dashcam footage might have captured part of the story that would otherwise have gone untold. The officer who writes the police report often didn’t see the crash, so the report may not resolve every disputed question about fault. Video evidence may help answer those questions, but is dashcam footage admissible in court? Yes: dashcam footage can be used as evidence in court when it is relevant and properly authenticated. Simply having a video doesn’t guarantee the court will admit it. Moreover, dashcam footage is often only part of the story. By itself, it may not prove the other driver was entirely at fault for the crash.
The attorneys at Matera & Manley can use dashcam footage as part of a comprehensive investigation to strengthen your claim.
When Is Dashcam Footage Admissible in Court?
When is dashcam footage admissible in court? A judge evaluates footage under New York’s rules for video recordings. To decide whether to admit it as evidence, the judge considers the following:
- Relevance: Does the clip help prove or disprove a fact at issue? For example, does it reveal vehicle positions, a traffic signal, apparent speed, or the sequence of impact?
- Authenticity: Can a witness or other evidence establish that the footage fairly and accurately depicts what it purports to show? The dashcam owner’s testimony may help establish this.
- Integrity and completeness: Has the footage been preserved in a way that allows its accuracy and completeness to be evaluated?
- Handling and preservation: Can the person offering the footage explain who possessed the original file and how it was stored, transferred, and preserved?
To help establish these details, be prepared to explain which camera was used, whether the date and time settings were accurate, and how you stored and transferred the recording. Footage can be admissible even without audio. Other evidence, such as photos, the police report, or witness statements, can support what the video shows.
The judge ultimately decides whether to admit the footage. If the claim is disputed, insurers may consider how clearly the video depicts the crash and whether it can be authenticated. The attorneys at Matera & Manley are ready to take your claim to court when it’s in your best interest.
What Can a Dashcam Show After a Crash?
After a crash, what can a dashcam actually confirm? Footage may help clarify how the crash happened by showing:
- Vehicle positions and speed relative to traffic
- Traffic signals and signs
- Lane changes and merges on busy roads
- The sequence of events before and after impact
Dashcam footage can help in personal injury cases beyond car accidents. When pedestrians are hit, footage can show factors an attorney would want to investigate to determine whether the driver was negligent. It might reveal speed, safe operation, and lane position. In a motorcycle crash, footage may help confirm or refute claims that a rider was weaving between lanes.
An attorney like those at Matera & Manley can support a comprehensive investigation by pairing dashcam footage with other available evidence.
How To Preserve Dashcam Footage After a Crash
How you save and handle dashcam footage can affect whether it supports your claim. To preserve the recording and help your attorney evaluate it, follow these steps:
- Save the original file immediately. Loop recording can overwrite it soon after the crash.
- Preserve footage from before and after the collision, not only the moment of impact.
- Keep the original memory card or file intact and make copies for review or sharing.
- Record basic details about the camera make and model, who downloaded the file, the camera’s date and time settings, and whether the dashcam clock was accurate.
Keep your dashcam footage off social media while your claim or case is pending, since public posts can complicate litigation. Keeping it private, however, does not mean withholding it from everyone. If you have relevant footage in a lawsuit, you may have to provide the defendant’s legal representatives with a copy.
Preserving the footage is an important first step, but you may still have questions about what it shows and how it could affect your claim. An attorney at Matera & Manley can review the recording alongside other evidence and explain your options.
Is Dashcam Footage Admissible in Court? Find Out at a Free Consultation
Dashcam footage can help show what happened before, during, and after a crash, but it may not capture every detail. Whether dashcam footage is admissible in court depends on its relevance and whether you can authenticate it. Preserving the original recording and reviewing it alongside photos, witness statements, and other evidence can help support your claim.
The attorneys at Matera & Manley can review your footage and explain how it may support your personal injury claim. Book a free consultation to discuss your case.
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