What to Do With Dashcam Evidence

circumstantial evidence

Many people are now choosing to install Go-Pro or video recording devices onto their dashboards and rear windows in an effort to better protect themselves in an accident. Dashcam evidence is no doubt the most compelling type of evidence, and it’s vital that you take every chance you can to prove your side of events.

But what are the ramifications of using a dashcam as part of your evidence? Could it be possible that a dashcam isn’t the best evidence, and can you get in trouble for not turning over video evidence? There is even the question of whether you’ll be in trouble for having a dashcam at all. A car accident attorney can help clarify this for you.

Working with Dashcam Evidence As A Witness

If you saw an Atlanta accident, then you might be wondering about what you need to do. If you are contacted by an attorney, then you may want to wait until you receive a subpoena for your video records. However, if police are asking for the dashcam evidence, it is often common practice to hand over all evidence right away in an effort to comply in a police investigation.

Dashcams have helped police understand what actually took place during an accident and how to handle the aftermath in making arrests and pressing charges. As a witness, you can wait until you receive an official order, but for the most part, there’s no reason to delay cooperation with an investigation.

Working with Dashcam Evidence as a Victim

If you were in a car accident and any part of your crash was caught on camera, you may have a substantial advantage in your case. Video of your crash can change what an insurance company thinks of your accident and how they rule fault.

Unfortunately, most insurance companies want to ignore or look past video evidence. In most cases, insurance companies don’t actually look at photo evidence, much less video evidence. They use basic rules-of-thumb to make decisions such as if a person was behind the vehicle, then that person is liable.

Dashcams, however, are proving that this is not always the case. There are many times when a guideline is proving to be incorrect. The presence of video evidence, however, should only figure in to prove negligence.

Under Georgia statute, the person who is more than 50% liable is at fault. With video evidence, it could be much easier with a video showing the other vehicle jumping into your lane, cutting you off, or outright hitting your car. In these cases, a video could significantly reduce the percentage of fault attributed to your side of the crash.

However, you may face other issues, such as your dashcam being illegal. Although dashcams are not inherently illegal, anything obstructing the windshield is. The fine is not substantial, and usually, police will rule that a dashcam is not an obstruction as long as you can clearly see out of the windshield while driving.

When to Call a Car Accident Lawyer in Atlanta, GA

If you’re a witness, then you will want to wait for an attorney, policeperson, or court to request your evidence. At the scene, you should inform the police that you have video evidence of the crash, and you may want to refrain from making it publicly available. Instead, provide police with a copy and then provide the courts with a copy when receiving an official request.

If you are the victim of an Atlanta accident, then you’ll want to explain to your attorneys that you have dashcam evidence carefully. It is possible that it may work against you, but in most cases,  it will show what happened objectively. Your attorney will take responsibility for communicating the contents of the video to your insurance company.

The Weinstein Firm – Atlanta Car Wreck Lawyers

Working with a car wreck lawyer in Atlanta may be the solution for resolving your case quickly and showing your evidence in the right light. Dash-cam evidence is often overlooked by insurance companies because they would rather look at malleable evidence such as tire tracks. When it comes to dashcam evidence, it’s clear that there’s no method of interpretation; instead, what you see is what happened.

Lawyers couldn’t be happier to work with these types of evidence. Call The Weinstein Firm to speak with an attorney now and discuss how to handle your claim. Without a doubt, you have a legal fight ahead of you, but that doesn’t mean you have to go it alone. At The Weinstein Firm, one of our well-experienced personal injury lawyers will meet with you for a consultation promptly to discuss your claim.

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