Will a Dash Cam Help Your Auto Accident Case in Florida?

In the era of the unpredictable, having a few extra layers of protection is never a bad thing. Dash cams are exactly that; a chance to have something to fall back on in the worst-case scenario, whether you find yourself in a car accident or a natural disaster.

Why are dash cams becoming more popular?

Each year, the market for dashboard cameras grows. This growth is attributed to “awareness about vehicular safety, quicker insurance claims, and protection against rising vehicle thefts”. Simply put, it’s better to have evidence in anticipation of an accident than to have no record on a quiet street with no security footage.

Are dash cams admissible in a court case?

Dash cam footage can be used and is admissible in court, depending on the specific circumstances of your case, and the local jurisdiction where your case is being heard. In order to be admissible, the dashcam footage must have relevance to your case, may not be tampered with or altered, and needs to be reliable.

The court may consider all sorts of factors like the quality of the footage, whether the dash cam is working, and the functionality of the camera angle. Dash cam footage is persuasive evidence, but it’s not always conclusive. Oftentimes, depending on the quality of the footage, additional context may need to be provided. This is where an excellent attorney can make a world of difference in your case.

Dash cams can provide evidence during a car accident case that can benefit the victim, the insurance company, and the legal team

Evidence in any type of accident is a key that unveils the truth. And in this scenario, it’s possible that dashcam footage will be used to aid all parties involved- the victim, the insurance company, and anyone else involved in the situation.

Will insurance companies accept dashcam footage?

Most insurance companies will accept dashcam footage to collect information about what happened during an accident. The actions of the people driving and conditions like extreme weather may be contributing factors that are taken into consideration. Certain insurance companies have policies that might require heavy documentation, and other insurance companies have policies where they may only accept a specific type of dashcam footage. Your insurance company can help you navigate the claims process, however, they will do so with their own well-being in mind.

If you’re going to use a dash cam in Florida, be aware of the laws in your jurisdiction

Florida is known for a lot of things, but some of Florida's laws can make it tricky to follow the fine print, adding “if’s”, “then’s” and other measurements throughout legal literature. When you connect with a personal injury attorney, you gain access to the knowledge and resources necessary to create an airtight case.

What you need to know about windshield laws

Dash cams can be mounted on the windshield as long as they don’t obstruct your view of the road. While that sounds like an easy rule to follow, it becomes a little more complicated when it dives into the specifics. For example, there are rules around the clearance of your dash cam being a certain length and width away from your windshield edges.

Even though it’s legal to use dash cams in Florida, it is illegal to record audio without consent so be wary of privacy concerns when you’re using dash cam footage and a personal injury lawsuit. If your dash cam has a microphone, make sure that it’s turned off or disabled.

Could dash cam footage harm your case?

There’s plenty of room to make a mistake, even with dash cam footage. And in some cases, dashcam footage could make matters worse for your case, especially if you’re unaware of what the video is truly representing. Let your attorney review the tape before you decide to use it during your hearing to prevent yourself from making a costly mistake.

There are two important things to remember. First, there is a potential for an insurer or other party to send you or your attorney a spoliation letter to keep your video evidence from being destroyed so it is important if you do decide to install and use a dashcam, that you confer with an attorney after an incident before destroying any recorded footage. Second, notify any occupants of the vehicle that you are recording, as any recording made without their knowledge or consent could cause problems for you as well.

Don’t fight alone: let Busciglio, Sheridan, and Schoeb help you every step of the way!

Your health and well-being is paramount, and if you’re walking away from an accident physically unscathed, you’re still entitled to damages. With an expert legal team by your side, you can fight your case with the support needed to win your case every step of the way. Busciglio, Sheridan, and Schoeb are here to help! Give us a call to set up a consultation and be one step closer to resolve.