The Importance of Dashcam Footage As Evidence in Car Accidents

After any car accident, one of the biggest challenges is proving liability. Dashcam footage can potentially provide powerful, objective evidence of what led up to your car crash and who was responsible for it.

According to Kelley Blue Book, many manufacturers, including Mercedes, Tesla, and BMW, now include integrated dashcams in their latest models. However, most dashcams are still aftermarket features, and Oregon has laws governing how they can be used. This article will help you understand the role dashcam footage could play in securing the compensation you need for the financial and other losses you have suffered.

To understand whether dashcam footage from your car accident can help your case, discuss your legal options with an experienced car crash lawyer. The legal team at Johnston Law Firm is ready to listen to your story, review your dashcam footage, and provide tailored legal advice.  Call us today to request a free consultation contact us via our online contact form.

Understanding Dashcam Footage

Dashcams are positioned at the front of a vehicle, pointing forward to record the road ahead. It only records video while the car is operational, and basic systems record the whole time and break the footage down into segments you can view later.

Dashcam features

Some advanced dashcams have additional features that may help capture important evidence. 

These features include:

• Impact detection, which saves video when it senses an impact
• GPS tracking that logs the vehicle’s location and speed
• Additional rear-facing cameras, which could be useful in rear-end collisions
• Night mode, which records higher quality footage in low light conditions
• Microphones that capture audio inside the car
• Built-in Wi-Fi and cloud connectivity automatically uploads video to the cloud

What dashcam footage may show

The capabilities of dashcams vary, as does the quality of the footage they record. The best models are capable of recording 4K quality footage, but this results in large file sizes. However, the better the resolution, the more useful the footage may be as evidence in a car accident case.

Your dashcam may have captured footage such as:

• The behavior of other drivers: It may capture erratic driving, sudden lane changes, speeding, running lights, or other behavior that contributed to your accident
• Evasive actions: Sudden braking or swerving to avoid the accident may also be recorded
• Road conditions: Hazards on the road, such as potholes, fallen trees, and debris may be visible
• Mechanical failures: Brake failures, tire blowouts, bald tires, and faulty lights may be captured
• Moment of impact: Footage of the moment of impact, possibly showing the position of all vehicles involved, could prove helpful later
• Audio details: Verbal exchanges both inside and outside the car, screeching brakes, and other details may be captured before and after the accident

Depending on the circumstances, your dashcam footage could prove to be vital evidence that strengthens your claim for fair compensation after a car accident.

Why Dashcam Footage Matters in Car Accident Cases

Dashcams provide a unique, unbiased perspective on a car accident. After your car accident, you will have footage of the events that led up to the accident and what happened during the crash. This footage can prove useful in several ways.

Determine liability

Dashcam footage proves your accident happened and may show who was at fault. For example, your dashcam may show that the other driver was weaving dangerously in the moments before your crash or executed an illegal left turn. However, bear in mind that it will also record any driving mistakes you made.

At times, parties other than the drivers may bear a measure of liability. For example, the city may be partly liable if a pothole it failed to fill in contributed to your accident. Your dashcam may clearly show how the pothole contributed to your accident. This would fall under the Oregon Tort Claims Act, so talk to a car accident lawyer about whether this route to compensation is possible in your case.

Oregon is a modified comparative negligence state, meaning that you can still recover damages even if you were up to 50 percent liable for your car accident. However, your settlement will be reduced based on your percentage of liability. Dashcam footage could help your car accident lawyer and the insurance company negotiate a fair settlement, even if you were partially responsible.

Counter false claims

After your accident, unfounded allegations about your actions in the lead-up to the accident could be made by other parties. For example, another driver may claim you were speeding or driving recklessly before the accident. Dashcam footage may help you to counter these claims with video evidence to the contrary.

Your dashcam footage could also protect you against fraudulent claims. Criminals use techniques such as “swoop and squat,” in which one vehicle cuts in front of another and brakes hard, resulting in a rear-end accident. Dashcam footage could show that this was not just negligent driving but an orchestrated accident. 

Experienced car accident attorneys have seen it all before, so it pays to have one review your dashcam footage. This video evidence may make it easier for your lawyer to advise you and build a strong case for maximum compensation. 

Assist the police

When the police attend a car accident scene, they must use eyewitness evidence and what is observed at the accident scene to piece together a description of the accident to include in a report. If you have a dashcam, you can also offer to show them the footage.

Although the police report does not determine liability, the dashcam footage could help the attending officers create a more accurate report. The police report may prove to be an important piece of evidence in your legal claim.

Is Dashcam Evidence Admissible in Court in Oregon?

Most car accident cases do not go to court in Oregon. However, if your case does go to trial, the admissibility of dashcam evidence in court will depend on the discretion of the judge. He or she will be guided by the Oregon Evidence Code.

When evaluating whether to allow dashcam evidence to be used, an Oregon judge may consider the following:

• Is the footage relevant?
• Does it violate data privacy laws?
• Is it authentic?

A car accident lawyer can review your dashcam footage and advise whether it can be used in your car accident case.

Legal Consideration for Dashcams in Oregon

Typically, dashcams are mounted on vehicles’ dashboards. Although some states allow drivers to mount them on their windshields, Oregon law is strict on this point. 

Positioning a dashcam legally

Oregon Statute 815.220 Obstruction of vehicle windows states: “A person commits the offense of obstruction of vehicle windows if…The windows of a vehicle are obstructed in a manner prohibited by this section if any material that prevents or impairs the ability to see into or out of the vehicle.”

Some companies selling dashcams interpret this as a ban on mounting them on windshields in Oregon, which is undoubtedly a safe approach. However, other sources are more nuanced and suggest that it is okay to do so as long as the driver’s view is not obstructed. Mounting your dashcam on the dashboard may be your safest option.

Audio recording considerations

Oregon law requires all-party consent for in-person audio recordings. Therefore, if your dashcam is set up to record conversations in the car, you would need everyone’s consent first. 

Failure to do this could lead to legal complexities, including falling foul of Oregon’s wiretapping laws. You can avoid this by disabling the audio recording feature or getting everyone’s consent before every trip. In car accident cases, audio evidence could work against you. 

If the dashcam captures the following, the driver may be found partially or fully liable for the accident:

• Getting distracted by an animated conversation before the accident
• Admitting to being tired
• Talking on the phone in the lead-up to the accident

On the flip side, the dashcam audio could also capture a conversation that shows you were concentrating on the road when your accident happened. It could also capture one of the other drivers admitting fault after the accident. 

So don’t assume your dashcam audio evidence is a liability. Let your car accident attorney review the footage and provide the legal advice you need.

Use dashcam footage with care

Emotions can run high after a car accident, and it could be tempting to share dashcam footage of the accident on social media. However, you can be sure that the other party’s insurance company will examine your social media posts, looking for any possible reason to discredit your account of the accident and try to deny you the compensation you deserve. 

Instead of posting it online for all to see, share your footage with your auto accident attorney. He or she can advise you on who you can and should share it with.

Let Johnston Personal Injury Law Firm Put Your Dashcam Footage to Work 

Dashcam footage can be invaluable evidence in your Oregon car crash case, but you need the help of an experienced car accident attorney to make the best use of it. It’s at the judge’s discretion whether to include the footage at your trial. Give yourself the best chance of the judge accepting your dashcam footage by working with an attorney who can prepare, authenticate, and submit it correctly.

When you hire Johnston Law Firm to represent you, you benefit from our years of experience working with the Oregon Evidence Code. Additionally, we have fought and won countless car accident cases. Our case results demonstrate our track record of securing 6- and 7-figure payouts for many car accident clients.

Now is the time to discover what Johnston Personal Injury Law Firm attorneys could do for you. Call us today for a free consultation to find out what your case could be worth. Alternatively, complete our contact form, and we will call you back very soon.