The Role of Dashcam Footage in Personal Injury Cases

Many Texas car accident claims involve disputed liability, where one party blames another party for causing the crash, and no one can agree whose fault it was. Without video footage of the collision, it can be difficult to know exactly what happened, which makes it challenging to prove which driver was responsible. Cash cams are an easy and affordable way to record the road while driving. Dashcam footage can also provide valuable evidence if you are injured in a Texas car accident and need to prove the other driver was at fault.

If you were injured in a car accident in Texas, you may be entitled to compensation. However, proving who was at fault for causing the crash is not always straightforward. The personal injury attorneys at McKinney Vos are here to help. Our legal team can analyze the circumstances of the accident, gather evidence to help prove your claim, and represent you to ensure you receive fair compensation for your injuries and other losses.

What Is Dashcam Footage, and How Is It Used in Personal Injury Claims?

Dashcam footage refers to video (and sometimes audio) recorded by a camera mounted on your vehicle’s dashboard, windshield, or rear-view mirror. The camera records your travels and could later prove useful to help establish liability if you were injured in a car accident.

Dashcams were once a rarity, but as they became more affordable, they increased in popularity as a way for drivers to protect themselves. Dashcam footage can provide valuable visual evidence that can be used to prove who was at fault for causing a car accident. In addition to providing an unbiased account of what happened, a dashcam may capture details that a human might miss or forget, such as a traffic light changing color, road conditions, or the movements of other vehicles.

How Do Dashcams Work?

A vehicle owner can use various means to install dashcams on their front and rear windshields. The camera can record video and audio when the vehicle is in operation. Dashcam options include single, dual, and four-way camera versions.

A single dashcam only records out of one window. Dual camera versions capture footage from two points of view and are typically installed with one camera facing forward and the other facing the rear of the vehicle. Passenger vehicles rarely have four-way cameras; they are more common on commercial trucks.

Are Dashcams Legal in Texas?

Texas laws do not specifically address the use of dashcams, so they are currently neither legal nor illegal.

In Texas, it is illegal to drive a vehicle with anything attached to the windshield, side windows, or rear window that obstructs or reduces visibility. A violation can lead to a misdemeanor charge and a $1,000 fine. If you choose to install a dashcam, ensure it does not obstruct your view.

Texas law prohibits recording another person’s conversations without their consent. If passengers are in your vehicle, inform them they are being recorded or turn off the dashcam’s audio function.

Using Dashcam Footage in Personal Injury Cases

Dashcam footage can provide valuable information about the crash that caused your injury, and may be used as evidence if your case goes to court. If you were hurt in a Texas car accident and have dashcam footage of the accident, we recommend the following:

• Preserve dashcam footage. Save and backup the dashcam footage as soon as possible after the accident. Copy the files to your computer and backup to an external storage device. Do not delete the footage from the dashcam’s SD card yet.
• Do not edit or tamper with the video or audio. Turn over the raw, unedited video footage to your attorney so we can analyze the video and the events leading up to the collision. Submitting edited footage could harm your case.
• Provide your attorney with context about the video. When you submit the video footage to your lawyers, provide context like the date, time, and location of the accident and the timeline of events leading up to the crash.

Pros and Cons of Using Dashcam Footage in a Personal Injury Case

While dashcam footage can be used as evidence to support your claim for damages in a Texas personal injury case, dashcam footage could contain details that weaken or undermine your case.

Benefits of using dashcam footage as evidence include:

• Using the video to prove the other drive was at fault.
• Showing you were driving responsibly and took appropriate action to try to avoid the crash.
• Providing unbiased evidence to the parties involved.

However, there can be drawbacks to trying to use dashcam footage in your personal injury case:

• Video footage could show you were partially at fault.
• You could be required to provide dashcam footage of an accident you were not involved in.
• You must follow Texas laws when using a dashcam.
• You cannot record audio footage of other people without their knowledge and consent.

Contact the Texas Personal Injury Lawyers at McKinney Vos Today

If you were injured in a car accident that was caused by another driver, you might be entitled to compensation for your injuries and other losses. The personal injury attorneys at McKinney Vos provide aggressive legal representation to people injured in car accidents in and around Austin, Texas. Contact McKinney Vos today to schedule a free and confidential appointment to discuss your situation and how we can help.