Many motorists have installed dashcams in their vehicles, and some cars today even come with factory-installed external cameras. As a result, when these vehicles are involved in collisions or approach a crash, their cameras may capture critical footage that can help show what happened in the accident and identify the party or parties at fault. But do the dash cam laws in North Carolina allow you to use this footage as evidence in an auto accident case?
Is Dash Cam Footage Admissible in North Carolina Courts?
North Carolina courts frequently admit dash cam footage into evidence in motor vehicle accident cases. However, the admissibility of footage may depend on a few factors, such as the following:
- Relevance – A court will only admit dash cam footage into evidence if it finds that the footage provides information relevant to the case. For example, a court may decline to admit dash cam footage taken 10 minutes before an accident, as the footage likely will not contain anything relevant to the accident.
- Authenticity – The party offering dash cam footage as evidence must establish the authenticity of the footage, which includes proving that the footage shows what the party claims it shows and demonstrating that no one has altered it.
- Consent – North Carolina recording consent laws require a party who records a conversation to obtain the consent of at least one party to the conversation. Thus, when a dashcam records audio, the admissibility of the footage will depend on whether any party consented to the recording. When the party seeking to admit the recording into evidence participated in the recording, they can provide the necessary consent. Otherwise, that party will need to seek consent from one of the other individuals in the recording.
How Dash Cams Strengthen Your North Carolina Injury Claim
Having dash cam footage of an auto accident can provide critical evidence that proves fault in the crash. Some of the ways in which footage can bolster a liability claim include the following:
- Providing an Objective View of the Crash – Footage can offer a definitive view of what happened in an accident, such as whether a driver ran a red light/stop sign or failed to yield.
- Corroborating Your Account – Video from a dash cam can confirm aspects of your account of the crash, such as your claim that you had a green light.
- Undermining Another Party’s Allegations – Footage can also disprove the other party’s claims about the accident.
- Documenting Conditions at the Time of the Accident – Dash cam video can capture other critical elements of the accident scene, such as weather, lighting, traffic, or road conditions.
Limitations and Potential Drawbacks of Dash Cam Footage
Dash cam footage does not always provide the “smoking gun” for a car accident case. Some of the limitations or drawbacks of dash cam footage include:
- Limited View of the Crash – Depending on the placement of the camera and the vehicle’s position, a dash cam may capture only a partial view of an accident or miss critical moments during the crash.
- Poor Video Quality – Older or less expensive dash cam models may not record video in high definition, making it more challenging for viewers to discern details in the footage.
- Alterations – Any changes to the files containing the dash cam footage, including converting the footage to a different file format, upscaling the footage to a higher resolution, or speeding up or slowing down the footage, may lead a court to reject admitting the footage into evidence.
Protecting and Using Your Dash Cam Footage After a Crash
Drivers who get hurt in car accidents caused by other negligent motorists can take steps to ensure they have footage from their vehicle’s dash cam, such as the following:
- Checking the dash cam’s footage periodically to ensure that it records properly and has an ideal view outside of the vehicle
- Using a high-quality memory card to reduce the risk of corrupted files
- Updating the camera’s firmware or software as recommended by the manufacturer
- Downloading footage of a crash as soon as possible to avoid letting the camera overwrite it
- Keeping multiple copies of accident footage in different locations, including on memory cards, computers, external hard drives, and cloud storage
Pursuing Compensation with the Help of a Car Accident Lawyer
In a car accident claim, you may have the right to recover compensation for various losses you incur due to injuries and property damage. A car accident attorney can help you fight for financial recovery from an at-fault driver or other liable parties for the following:
- Costs of medical treatment and rehabilitation
- Costs of long-term care for prolonged or permanent disabilities resulting from accident injuries
- Lost wages from missed work during your recovery period
- Lost future earning capacity caused by impairments to your working ability
- Physical pain and suffering from your injuries or subsequent treatments
- Emotional distress, including reduced quality of life due to disabilities or severe scarring and disfigurement
- Car repair expenses or reimbursement for your vehicle if the accident totaled it
Contact Hardison & Cochran | Injury & Workers Comp Lawyers for Experienced Legal Representation
If you suffered injuries in a motor vehicle crash, footage from a dashcam in your car or another vehicle involved in or in the vicinity of the collision can provide critical evidence to prove your compensation claim.
With over 40 years of experience advocating on behalf of accident victims, the law firm of Hardison & Cochran has developed a proven record of success, including a $3 million recovery for a driver who suffered a TBI after getting struck in the head during loading of his truck, and $1.4 million for a Godwin resident who sustained injuries when a drunk driver pinned him between the man’s work truck and the driver’s vehicle. As one client wrote of their experience:
“My interaction with Hardison & Cochran was superb. They kept me fully informed of my case and advise on what to expect and everything went accordingly. I especially was elated with the client/attorney confidentiality and relationship. Hardison & Cochran was at my disposal for my every need and question! Thumbs up!” – Toney H.
Contact Hardison & Cochran today for a free, no-obligation consultation with a car accident lawyer to learn more about the importance of dashcam footage in accident cases in North Carolina.
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