Reconstructing the events of a car accident is one of the most important parts of an investigation. The problem is that your version of events often differs from the insurance company’s.
But there’s more than just statements and photos of the accident scene. There are dashcams.
Dashcam footage can help in an accident claim. It provides a live take of the accident. This information can make or break a claim. Instead of contested evidence and biased accounts of what happened, dashcam evidence from a Delaware accident shows exactly what happened, leaving little room for argument.
At Brockstedt Mandalas Federico LLC, our seasoned legal team will review all evidence in your case to build your claim and negotiate with the insurance company so you can get your life back together.
Don’t let someone else’s negligence dictate the rest of your life. Contact our offices to learn more about how we can help you.
What Dashcam Footage Can Do for Your Delaware Car Accident Claim
If you’re wondering whether dashcam footage can help an accident claim, here is what our Delaware car accident attorneys think is most important to understand.
- Dashcam footage provides real-time, unbiased evidence showing vehicle positions, traffic violations, and the time and date of a crash, making it hard for insurance companies to dispute.
- Features like impact sensors, GPS logs, and audio recording can add speed, location, and conversation details to your dashcam evidence.
- Dashcam footage can support or contradict witness testimony, confirm details in the police report, and help experts assess whether an impact matches your claimed injuries.
- Delaware’s modified comparative negligence rule reduces your compensation based on your percentage of fault, and dashcam footage can play a key role in how that fault is decided.
What Is Dashcam Footage?
Dashcam footage is a video recording captured by a camera mounted on a vehicle’s dashboard. A dashcam can also be placed at the rear of the car. Reasons for the installation of these devices include:
- Provide evidence for insurance claims if in an accident,
- Interactions with law enforcement,
- Hit-and-run footage,
- Theft deterrence, and
- Evidence of a crime committed near the vehicle.
If you have a dashcam and were in an accident, you hold information vital to the outcome of your case. At BMF, we will take this evidence and use it to build your claim to fight insurance companies who may try to take advantage of you.
What Features Do Dashcams Have?
Dashcams can have a variety of features, depending on the model you have. Common features that can help provide dashcam evidence in a Delaware accident claim include:
- Impact sensor. Some dashcams have sensors that detect the impact of a crash.
- Visual enhancements. There are various enhancements your dashcam can have to prevent glare from other headlights or sunlight, as well as night-vision features that keep footage visible in the dark.
- GPS logs. Some dashcams record speed, routes, and coordinates, allowing the vehicle’s location and speed to be tracked.
In addition to these specific features, all dashcams record live footage – many with audio. This potential for evidence is crucial, often making your car accident lawyer treat this as one of the most important types of evidence in your claim.
Can Dashcam Footage Help an Accident Claim?
Dashcam footage can help your accident claim. However, it can also undermine it.
It provides real-time, unbiased footage of the actual accident, or a portion of it. It can show:
- Positions of vehicles involved;
- Driving behavior;
- Traffic violations or careless driving;
- Traffic conditions;
- Time and date of the accident; and
- Environmental factors such as trees, traffic signals, road signage, and weather conditions.
This Delaware car accident evidence is hard to refute.
How Can Dashcam Footage Affect Other Types of Delaware Car Accident Evidence and Negotiations?
Dashcam footage can also strengthen or weaken other pieces of evidence.
Witness Testimony
Witness testimony is often valued as an unbiased account of the accident. It provides a chronological account of the accident, including speeds, vehicle positions, and traffic conditions.
Dashcam footage can support or refute this testimony by showing the events leading up to, during, and after the accident.
Additionally, most dashcams have an audio feature. Any words exchanged between the involved parties may have been captured, corroborating or undermining the witness’s testimony.
Medical Records
The severity of injuries can be highly contested in car accident claims. Insurance companies will often argue that your injuries are from something other than the car accident or that the injuries are not that bad.
An accident reconstructionist and medical expert can use dashcam footage to explain that the impact force was sufficient to cause the level of severity.
Alternatively, video footage can also show that the impact was not strong enough to cause the level of injury listed in the complaint.
Photos of the Accident Scene
Accident reconstructionists can use video footage of the accident to determine how it happened. Knowing this can help make sense of accident photos, including damage to vehicles and the condition of the accident scene.
Police Report
The Delaware State Police or other local law enforcement agency will compile a police report. This report will include information such as time, date, and location of the accident.
Dashcam footage is usually timestamped, verifying the time and date of the accident. It can also capture street names, validating the location of the accident listed in the police report.
Fault Distribution Negotiations
Next to injury severity, fault is also highly contested in car accident claims. You must prove the other driver breached their duty to drive safely and obey traffic laws, and that breach was the cause of your injuries.
Insurance companies will try to push as much of the fault on you as possible. Delaware follows a modified comparative negligence system. While contributory negligence won’t bar recovery, the amount of recoverable compensation will be reduced by your percentage of fault. Therefore, the more blame they push on you, the less they have to pay out.
And, if they can prove you were 51% or more at fault, you generally won’t be able to recover any compensation.
Because dashcam footage is solid, unbiased evidence, it can help clarify the distribution of liability.
Dashcam Footage and Car Accident Claims: Common Questions
Straight answers to what our Delaware car accident attorneys get asked most about dashcam evidence.
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Yes, dashcam footage can significantly help an accident claim by providing real-time, unbiased evidence of what happened. It can show vehicle positions, traffic violations, the time and date of the accident, and environmental conditions, making this type of Delaware car accident evidence difficult for an insurance company to dispute.
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Dashcam evidence is video footage recorded by a camera mounted on a vehicle’s dashboard or rear window, often with features like impact sensors, GPS logs, and audio recording. These features can capture speed, location, and even conversations between drivers, all of which may become important dashcam evidence in an accident claim.
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Dashcam footage can support or contradict witness testimony, help accident reconstructionists and medical experts assess whether an impact was severe enough to cause the claimed injuries, and confirm details in the police report, such as the time, date, and location of the crash. Together, this strengthens the overall proof behind a Delaware injury claim.
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Delaware follows a modified comparative negligence system under Delaware Code section 8132, meaning your compensation is reduced by your percentage of fault, and you cannot recover anything if you are found 51% or more at fault. Because dashcam footage offers unbiased evidence of what happened, it can play a significant role in how fault is distributed during negotiations.
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If you have dashcam footage, you hold information that could be vital to the outcome of your case. Our attorneys can review this footage alongside other evidence, such as witness statements, medical records, and the police report, to build the strongest possible claim on your behalf.
Don’t Collect Your Delaware Injury Claim’s Proof Alone. Let BMF Help Build Your Case
Don’t let insurance companies have the last word.
At BMF, we have dealt with aggressive insurance companies and their powerful legal teams for decades, recovering millions of dollars for our clients.
We understand the intricacies of personal injury law and know how to navigate the Delaware court system, including the Sussex County and New Castle County Superior Courts.
Speak with one of our Delaware car accident attorneys and let us help you take the next steps forward.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
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