A dash cam could be critical in your auto insurance claim or car accident lawsuit after a crash. When seeking compensation for your injuries, it’s essential that you have as much evidence as possible. Dash cam footage is among the most compelling evidence you can have. Seeing is believing.
If you were in an accident in Douglasville, Georgia, an experienced car accident lawyer can help you understand your legal options and make the most of any dash cam video.
What Is a Dash Cam?
A dashboard camera, or dash cam, is a video recording device typically mounted on the front dashboard or windshield and focused on the road ahead. A dash cam can capture a car or truck accident and provide an objective record of how the crash occurred. Digital cameras can also be rear-facing, pointing out the back windshield. Many dash cams record audio as well as video.
The role of dash cams is expanding as digital technology improves. Many trucking companies use the cameras to monitor their commercial drivers. Older dash cam models may require plugging into a computer to retrieve footage. Many newer digital recorders can wirelessly upload their footage to the cloud, which can be accessed online or through a mobile phone app. Video from dash cams can help determine fault in motor vehicle collisions.
Is It Legal to Use a Dash Cam in Your Car?
In Georgia, using a dash cam in your car is legal in most cases. For example, when in public, there is no reasonable expectation of privacy. Georgia is a one-party consent state for audio and video recordings. This means that as long as one of the drivers involved in a collision has consented to the recording, the recording is legal.
Specifically, Ga. Code § 16-11-62(2)(C) states that individuals can use video recordings for security purposes, crime prevention, and crime detection. Dash cams are frequently used to detect crimes such as hit-and-runs and insurance fraud. Their footage is often used as evidence in car accident claims.
Ga. Code § 40-8-73(a) covers the placement of dash cams and other electronic devices in vehicles by simply stating that they must minimize obstructing the driver’s view. As long as your dash cam is on your vehicle’s dashboard or behind the rearview mirror, you shouldn’t have any issues with the legality of its placement.
Can Dash Cam Footage Legally Be Used as Evidence in a Georgia Car Accident Case?
Dash cam footage can legally be used as evidence in Georgia car accident cases as long as it has not been tampered with or edited. This means you can use the raw footage from your dash cam but may not be able to use a cut or shortened version of the video that could leave out key details of the accident.
In What Ways Can a Dash Cam Help My Car Accident Claim?
Video evidence can be highly effective in car accident cases, and some of the ways your dash cam footage can help include:
- Determining fault — Determining fault after a car accident can be challenging if the facts are disputed. A dash cam video may show clearly that the other driver acted negligently, such as by running a red light, not yielding to oncoming traffic when turning left, or merging improperly into an occupied lane. When presented with evidence from a dash cam video, the other driver’s insurance company may accept liability for a car accident.
- Protecting against fraud — Dash cams are crucial for protecting drivers against individuals attempting to commit auto insurance fraud. For example, if someone intentionally reverses into you and claims that you rear-ended them, a dash cam can show what really happened.
- Providing additional details — Car accidents are traumatic experiences. You may not remember all of the details afterward. A dash cam can capture these details.
- Avoiding disputes – Dash cam footage can reduce insurance disputes, shorten the claim process, and help injured victims receive fair compensation. It’s harder for an insurance company to deny your claim if there’s video evidence to back it up.
Could a Dash Cam Actually Hurt My Case?
Dash cam footage may not always benefit your case, particularly if it shows that you were entirely or partially at fault for the accident. Ga. Code § 51-12-33 defines the state’s version of modified comparative negligence. In Georgia, any compensation due an accident victim is reduced by their degree of fault. Additionally, any plaintiff who is 50 percent or more at fault is not eligible to recover compensation.
If dash cam footage shows you rolling through a stop sign or otherwise contributing to the accident, it could affect your case and the compensation available.
Is Georgia an At-Fault Insurance State?
Georgia is an at-fault insurance state. After an accident, injured parties file their auto insurance claims with the auto liability insurance policy of the at-fault driver. The insurance companies involved will conduct investigations to determine fault, and your dash cam footage can be crucial evidence in this determination.
Contact a Georgia Car Accident Lawyer
If you have been injured in a car accident in West Georgia and have questions about pursuing a car accident lawsuit, seek the guidance of an experienced car accident lawyer at Sherrod & Bernard, P.C. Our Douglasville, Georgia, personal injury lawyers have more than 85 years of combined legal experience. Our law firm has served injured people for more than 30 years and recovered millions of dollars for clients injured in car accidents.
Sherrod & Bernard, P.C. has built its reputation based on treating people with compassion and respect and seeking positive results in each case we handle. See what our former clients have to say to learn more.
Contact our law office for a free consultation with an experienced car accident attorney. We’ll review your case and explain your legal options for seeking the compensation you deserve.
