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California is an at-fault state for car accident claims. Drivers must have a minimum amount of liability insurance coverage in case of an accident. They can also be personally liable if their insurance does not cover the damages. However, the victim must prove fault before recovering money for their claim. A Los Angeles car accident attorney might use dash cam footage as evidence in a car accident case.
Can Dash Cams Be Used as Evidence in Court in a Los Angeles Car Accident Case?
Dash cams are legal in California as long as they follow the rules in California Vehicle Code §26708 regarding the placement of objects on a dash or windshield. In most cases, the dash cam footage is admissible in court. The video can show how the car accident occurred. It may provide objective evidence of which driver caused the car crash.
However, the other side might object to the dash cam footage on one or more grounds. For example, if your dash cam recorded someone’s conversation without their consent, the video might violate their right to privacy. If so, you might not be able to use the footage in court without that person’s consent.
Likewise, if you or someone else edits the dash cam footage, it would be inadmissible in court. The footage must be unedited to be considered admissible.
Can Dash Cam Video Hurt My Car Accident Claim in California?
California is a pure comparative negligence state. Under comparative negligence, you could be partially to blame for causing a car accident and still recover compensation for your damages. However, the amount of money you receive for your personal injury claim can be reduced by your level of fault.
For example, suppose a jury awards you $500,000 for your car accident lawsuit. However, after watching your dash cam video, the jurors determined you were 10% to blame for causing the crash. Your compensation would be reduced by 10% or $50,000 in that case.
An experienced Los Angeles car accident lawyer can review the dash cam video to determine if it helps or hurts your case. Furthermore, an attorney gathers other evidence to support your claim, such as:
- Copies of accident and police reports
- Statements from the other driver and passengers
- Testimony from eyewitnesses
- Evidence from accident reconstructionists and other expert witnesses
- Photos of the accident scene
- Property damage reports for the vehicles
- Medical records for injuries
- Other videos of the collision or the accident scene
Tell the lawyer during the free consultation if you have dash cam video of a car accident. An attorney must review the video to see what it shows to determine if the video would be helpful to the case or could potentially cause problems.
Schedule a Free Consultation With Our Los Angeles Personal Injury Attorney
Our Los Angeles personal injury attorneys investigate your claim to gather evidence proving the other driver is responsible for causing your accident. Contact us now for a free consultation to discuss how we can help you get the money you deserve after a car accident in California.