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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, dashcam footage may provide proof that a driver was at-fault and acted negligently.
After being involved in a crash, we recommend reaching out to an experienced lawyer for help. Our Windsor legal team is ready to review the circumstances of your car accident and discuss available options during a free consultation. We know what it takes to build a compelling case for compensation.
Are Dashcams Legal in Ontario?
Dashcams are legal in Ontario. Using a dashcam is allowed in Canada as long as the video is being recorded in public places, such as on public roads.
Dashcams, commonly used in police cars and other emergency vehicles, are increasingly being installed in personal vehicles in the event of a crash. Most dashcams operate automatically when the vehicle starts and run continuously. Other dashcams are activated when the engine is off if it detects motion or an impact. A permanently installed dashcam may be covered under an auto policy.
How Could Dashcam Footage Help My Injury Case?
A dashcam can help show a visual account of a crash and corroborate your version of what happened. This evidence is hard to dispute and more reliable than trying to recall the details of a crash from memory. Dashcam footage is considered an impartial and unbiased witness to the event.
Crashes happen so quickly that even witnesses may not see every key detail or contributing facto. Dashcam footage may be able to provide the specific angle of the crash, that shows you did not cause the incident.
If your injuries are serious enough and you are thinking about filing a lawsuit, you — or your lawyer will need to prove the other party’s negligence.
Dashcam footage could help you prove the other driver:
- Ran the red light or stop sign
- Failed to yield the right-of-way
- Darted recklessly in and out of traffic
- Suddenly slammed on the brakes without any cause
- Was on his or her cellphone — or otherwise distracted
If your dashcam 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 dashcams, courts typically consider dashcam footage to be admissible as evidence.)
Can Dashcam Footage Be Used Against Me?
In some cases, insurance companies may try to argue that your dashcam footage was altered or edited in a way to support your claim. Your dashcam footage may also be questioned if it was positioned 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 that was not covered by your dashcam, the other driver’s insurance company may try to argue that you caused or contributed to the crash. They will look for a reason to shift at least some of the blame on you.
What If the Other Driver Has a Dashcam?
If you have dashcam footage, it is important to inform your lawyer about it and provide him or her with the footage. However, if the other driver has dashcam footage, he or she is unlikely to voluntarily hand it over.
The lawyer representing you can formally request this footage. Once that legal request is made, the other driver cannot destroy or overwrite the footage — they are 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 dashcam 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
If liability is disputed and the other driver denies causing the crash, dashcam footage may help to prove negligence.
At Greg Monforton & Partners, our Windsor-based car crash lawyers are prepared to fully manage your case, investigate what happened, and build a compelling case on your behalf.
Worried about the cost? Don’t be. We offer a free consultation to answer any questions you may have about the legal process, when we represent you, there are no upfront attorney fees or out-of-pocket costs for our services. We only get paid if you do.
Call Our Windsor Law Firm to Request a FREE Case Review Today: (866) 320-4770
