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How Can a Dashcam Impact My Virginia Car Accident Claim?

How Can a Dashcam Impact My Virginia Car Accident Claim?

Video footage from your car’s dashcam can help strengthen your case against an at-fault driver and support your insurance claim after a wreck. If you have dashcam footage of the events leading up to the collision and the collision itself, you may have solid evidence of the other driver’s negligence.

Even with dashcam footage, you may still have trouble getting full and fair compensation from the driver who caused the car crash. Auto insurance companies are profit-driven, and they may challenge the validity of your claim or attempt to underpay it. To maximize the effectiveness of your dashcam evidence in a Virginia car accident case, work with the personal injury team at Lichtenstein Law Group, PLC. Call us today for a free consultation with an experienced Roanoke car accident attorney.

What Is a Dashcam?

Dashcams are dashboard- or windshield-mounted cameras. They may be an installed feature for newer vehicles or an after-market option for owners of older vehicles to place in their cars. These small cameras face outward, recording sounds and images inside and outside the vehicle. Some cameras record footage continuously, while others may only start recording when “events” happen, like sudden braking or a crash.

What Are Some Things a Dashcam Can Record That Can Help My Case?

Dashcam video footage of motor vehicle accidents can show what the at-fault driver was doing in the moments before impact and the motion of your vehicle. This may prove that the other driver was responsible. For example, if they ran a red light or merged into your lane and hit you, your video footage can show what happened.

Some car wrecks are caused by a third driver whose actions start a domino effect that causes the collision. If the driver who hit you swerved to avoid another car, they may still be liable. But the captured footage could show another driver who may be liable for your injuries.

If your camera recorded audio from your car, it may have captured a conversation between you and your passenger, indicating another driver is acting recklessly. For example, your passenger may note, “Look out, that guy is weaving all over the road,” or “Uh-oh, looks like that car isn’t stopping for the red light!” While your audio recording might not qualify to be used in court, your attorney may use it to help identify witnesses to the crash who could testify.

Should My Car Accident Lawyer Watch My Dashcam Video Before Filing My Car Accident Lawsuit?

If you have dashcam footage of your Virginia car accident, your attorney will need to review it before handing it over to the other driver’s insurance company or attorney. Allowing them to review the footage, even if it doesn’t show you in the best light, can help them prepare to minimize anything on the recording that the at-fault party may use to claim you’re at fault.

How Can Dashcam Footage Help My Car Accident Case?

Liability in car accident cases is usually established using multiple pieces of evidence, including video footage. Your dashcam footage may be the only recording of the crash and the moments immediately before and after. This recording gives an unbiased view of events, which can help a judge or jury reach their decision.

The dashcam footage may also capture any serious injuries you or your passengers suffered, either recording conversations post-accident or video of you exiting the vehicle or being removed by EMS. This footage can help show a judge, jury, or the other driver’s insurance company that the wreck directly caused your injuries.

Even if the footage doesn’t show everything, what it captures may help your lawyer find other evidence of the crash. For example, they may note that the wreck occurred in an intersection monitored by traffic cameras and subpoena that footage. The footage may show that the municipality responsible for keeping the roads clear and in good condition failed to do so. In that case, the city or county could share fault for your injuries.

Could Dashcam Video Hurt My Car Accident Claim?

Virginia’s comparative negligence laws may prevent you from recovering compensation if you contributed to the accident. In Virginia, you are barred from obtaining compensation if you share any fault for the accident that caused your injuries. Your car’s dashcam could have recorded footage of you driving negligently or in some way that caused the crash. This is where having a car accident attorney on your case can make a major difference. They can work to find evidence that proves you don’t share fault for the collision and your injuries.

Are Dashcams Legal in Virginia?

Dashcams are legal in Virginia. However, they must be properly installed and mounted so they don’t block your view. A dashcam also cannot have a visible screen while you’re driving.

Virginia allows recording in public and when there isn’t a reasonable right to privacy. This means your attorney can use conversations picked up on your dashcam in or around your car to help your case.

Can Having a Dashcam Affect My Insurance Rates?

Most insurance companies don’t offer a specific discount for installing a dashcam in your vehicle yet. Some may, so ask your carrier about this type of discount.

However, a dashcam may affect your insurance cost indirectly. For example, if you didn’t cause an accident, you may submit your dashcam footage to your insurance company. The footage could help determine whether the carrier increases your rates after the collision.

Contact a Virginia Car Accident Lawyer

If you’ve been in a wreck and were fortunate enough to have the incident captured on your dashcam, you may have an easier time getting the compensation you deserve from the at-fault driver. Even with video footage of the wreck, though, many car accident claims aren’t straightforward.

A skilled Virginia auto accident lawyer can assess the value of your case and fight for the maximum compensation available to you. Call Lichtenstein Law Group, PLC today for a free consultation.

John E. Lichtenstein is a founding member of Lichtenstein Law Group PLC.

John E. Lichtenstein is a founding member of Lichtenstein Law Group, PLC, with more than three decades of experience as a trial lawyer. A graduate of the University of Virginia School of Law, John has successfully resolved hundreds of cases on behalf of his clients, including some of the largest jury verdicts and settlements in Virginia history. He has also served his profession, including serving as President of the Virginia Trial Lawyers Association in 2015-2016 and as Chair of the Virginia State Bar Criminal Law Section in 2007-2008.