Determining liability for a crash may not always be so straightforward as people think. Some cases may require a more detailed investigation and additional evidence to prove who caused the crash. For instance, dash cam footage may provide proof that a driver was at-fault and acted negligently.
If you have been involved in a crash, we recommend reaching out to an experienced lawyer for help. Our legal team is ready to review your situation and advise you of your available options during a free consultation. We know what it takes to build a strong case for compensation.
Below, learn how dash cam footage may help prove negligence in a lawsuit.
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Are Dash Cams Legal in Ontario?
Dash cams are legal in Ontario. Using a dash cam is allowed in Canada as long as the video is being recorded in public places, such as on public roads.
Dash cams, commonly used in police cars and other emergency vehicles, are increasingly being installed in personal vehicles in the event of a crash. Most dash cams operate automatically when the vehicle starts and run continuously. Other dash cams are activated when the engine is off if it detects motion or an impact. A permanently installed dash cam may be covered under an auto policy.
How Could Dash Cam Footage Help My Case?
A dash cam can help show a visual account of a crash, which is more reliable than trying to recall the details of a crash from memory. Dash cam footage is an impartial and unbiased witness to the event.
Many crashes can be so fast-moving that even witnesses may not have seen key important details or contributing factors. For instance, what happened immediately before the crash. Dash cam footage may be able to provide the type of evidence needed to help show that you were not at fault for the crash.
If your injuries are serious enough and you are thinking about filing a lawsuit, you and your lawyer will need to prove negligence. For instance, dash cam footage could help you prove the other driver:
- Ran the red light or stop sign
- Failed to yield the right-of-way
- Was weaving in and out of traffic
- Slammed suddenly on the brakes
- Was on his or her cellphone or otherwise distracted
If your dash cam captured this dangerous and reckless behavior, it may help prove the crash was caused by the other driver. With such evidence, it will be harder for the insurance company to dispute liability.
The insurance company may be more likely to offer a settlement to avoid going to court, where they may be ordered to pay out more compensation for your injuries and damages. (Since it is legal to install dash cams, courts typically consider dash cam footage to be admissible as evidence.)
Can Dash Cam Footage Be Used Against Me?
In some cases, insurance companies may try to argue that your dash cam footage has been altered or edited in a way to support your claim about the other driver’s involvement in the crash.
Your dash cam footage may be questioned if it was placed incorrectly on your vehicle. Perhaps the footage captured did not show what occurred or did not capture enough of the crash to prove liability.
If the crash occurred to a part of your vehicle not covered by your dash cam, the other driver’s insurance company may argue that you caused or contributed to the crash. They will look for any reason to place blame on you – whether it be partially or fully. For these reasons, you should consider hiring a lawyer.
What If the Other Driver Has a Dash Cam?
If you have dash cam footage, it is important to inform your lawyer about it and provide him or her with the footage. However, if the other driver has dash cam footage, he or she is unlikely to hand it over.
Your lawyer may need to formally request this footage. Since the dashcam footage may contain vital evidence about the cause of the crash, the other driver may be required by law to hand it over. This is especially true if a lawsuit is filed and the footage is requested during the discovery process of the case.
If the other driver fails to disclose the dash cam footage or tries to tamper with or destroy the footage, he or she could face serious legal penalties.
Call to Schedule a Free Legal Consultation
When liability is being disputed and the other driver is denying he or she caused the crash, dash cam footage may help prove negligence. A Windsor-based car crash lawyer is ready to gather the necessary evidence, which may include getting access to the other driver’s dash cam footage.
We offer a free consultation to answer any questions you may have about the legal process and to see what your options for pursuing compensation may be. There are zero upfront fees for our services. We only get paid if you get paid.
Find Out If You Have a Case: (866) 320-4770