Can Dashcam Footage Be Used as Evidence in a Missouri Car Accident?
A car accident can happen in seconds, but determining who was responsible can take much longer. When drivers provide conflicting accounts, insurance companies may dispute who caused the crash or how it happened.
Dashcam footage can provide an important visual record of the events leading up to a collision. In many cases, dashcam evidence can help show what each driver was doing, the traffic conditions, and how the crash occurred.
If you are wondering about dashcam evidence in Missouri car accident claims, the car accident attorneys at Labovitz Law Firm are here to help. It’s important to understand how this footage may be used and what you should do if you have a recording of your crash.
Can Dashcam Footage Be Used in a Missouri Car Accident Claim?
Yes. Dashcam footage can potentially be used as evidence in a Missouri car accident claim.
Missouri courts have recognized that video recordings may be admitted when they are properly authenticated and relevant to the issues in a case. A party offering video evidence generally needs to establish that the recording accurately represents what it claims to show.
For example, dashcam footage could potentially show:
- A driver running a red light or stop sign
- A vehicle changing lanes immediately before a collision
- A driver following too closely
- A vehicle crossing the center line
- A sudden turn or other unsafe maneuver
- Traffic signals and road conditions
- What happened immediately before and during the crash
In these examples, the dashcam footage can provide information that is difficult to establish through conflicting statements alone.
Why Is Dashcam Evidence Important After a Missouri Crash?
Missouri uses a comparative fault system in personal injury cases. Evidence showing how a collision occurred can therefore be important when determining each driver’s responsibility. Labovitz Law Firm’s recent guidance on Missouri car accidents identifies dashcam recordings, traffic camera footage, police reports, photographs, and witness statements as potentially important evidence.
Dashcam footage may be particularly useful when:
1. Drivers Give Different Accounts
After a collision, the drivers involved may remember the events differently. A recording can provide an objective visual account of what happened.
2. Fault Is Disputed
An insurance company may argue that its policyholder was not responsible for the crash. Video showing a traffic violation or unsafe maneuver may help challenge that position.
3. There Are No Independent Witnesses
Some accidents happen when no one else is nearby. Dashcam footage can preserve information about the collision even when there are few or no witnesses.
4. The Crash Happens Quickly
A collision can happen before a driver has time to process what is occurring. A recording can preserve the sequence of events for later review.
What Should You Do If You Have Dashcam Footage?
If your dashcam recorded an accident, preserve the original recording as soon as possible.
Avoid editing, cropping, adding filters, or otherwise altering the footage. Keep the original file in its original format when possible. You should also preserve any related files showing the date, time, location, or surrounding footage.
It can also be helpful to save footage from immediately before and after the collision. The events leading up to a crash may be just as important as the moment of impact.
Do not assume that uploading the video to social media is a good way to preserve it. Instead, keep a secure copy of the original recording. Avoid posting the footage on social media, as it could be taken out of context or potentially used against you during the claims process.
Can a Dashcam Recording Be Challenged?
Yes. Having a recording does not automatically mean that every portion of it will be admitted into evidence.
Missouri case law indicates that video evidence may need to be authenticated and shown to be relevant. Courts can also consider whether changes to the recording affect its reliability or usefulness.
Questions that may arise include:
- Is the recording authentic?
- Does it accurately show the events?
- Has the footage been edited?
- Is the date and time accurate?
- Does the footage actually relate to the accident?
- Is the portion being offered complete enough to provide proper context?
For these reasons, preserving the original footage is incredibly important.
What If the Dashcam Captured Audio?
Some dashcams record both video and audio. Audio recordings can raise additional legal considerations.
Missouri’s wiretap statute generally addresses the interception of wire and oral communications and includes circumstances in which an interception is permitted when a person is a party to the communication or one party has given prior consent.
If your dashcam captured conversations in addition to video, it is a good idea to preserve the complete original file and obtain legal guidance before attempting to use or distribute the audio.
How Can Dashcam Footage Help Your Missouri Car Accident Claim?
Dashcam evidence may help establish what happened before, during, and immediately after a collision. It can potentially support your account of the accident, challenge an inaccurate version of events, and provide information that helps determine fault.
Missouri law generally provides five years for many personal injury actions under Section 516.120, although different deadlines and exceptions can apply depending on the circumstances.
That does not mean you should wait to preserve evidence. Video can be overwritten or lost long before a legal deadline arrives.
If you were injured in a Missouri car accident and have dashcam footage, preserve the original recording and consider speaking with an attorney about how it may affect your claim.
Contact Labovitz Law Firm After a Missouri Car Accident
Dashcam footage can be one piece of a larger body of evidence used to establish what happened in a Missouri car accident. Police reports, photographs, witness statements, vehicle damage, traffic camera footage, and other records may also help establish responsibility and damages.
Labovitz Law Firm represents people injured in car accidents throughout Missouri. If you have been injured in a crash, contact Labovitz Law Firm to discuss your circumstances and the evidence available in your case.
