The Role of Dashcams in Car Accident Claims: Can They Help Prove Liability?
Car accidents often come down to one driver’s word against another’s, making proving fault and liability difficult. In many cases, juries must often consider witness testimony and accident reconstructions to determine who was at fault. However, dashcam footage, when available, can be very useful in proving how an accident happened.
A dashcam (dashboard camera) continuously records real-time video of the road, capturing critical evidence that can support an injured driver’s claim. As dashcams become more common, they are playing a key role in car accident disputes, particularly in establishing fault, countering false claims, and expediting insurance settlements.
This blog explores how dashcams impact car accident claims, their legal considerations in Florida, and how they can help prove liability.
How Dashcams Can Help Prove Liability in Car Accident Claims
Dashcam footage can be one of the strongest pieces of evidence in a car accident claim. Here’s how it helps prove liability:
1. Capturing the Moment of Impact
- A dashcam often records exactly how an accident occurred, eliminating conflicting stories from drivers.
- It can show who ran a red light, who failed to yield, or if a driver was speeding or distracted before the crash.
2. Proving the Other Driver Was at Fault
- If the other driver was negligent—such as texting, swerving, or making an illegal turn—a dashcam can document their actions.
- In hit-and-run accidents, a dashcam may capture the fleeing driver’s license plate, helping police identify them.
3. Protecting Against False Accusations
- If the at-fault driver blames you, dashcam footage can prove you were driving safely and within the law.
- It can disprove fraudulent claims, such as staged accidents where someone intentionally causes a crash to collect insurance money.
Florida’s Dashcam Laws: What Drivers Need to Know
- Dashcams are legal for personal use, as long as they do not obstruct the driver’s view.
- Audio recording requires consent – Florida is a two-party consent state under Florida Statute § 934.03, meaning all parties in a conversation must agree to be recorded.
- Public vs. Private Recordings – Dashcams recording public roadways are legal, but recording private conversations inside the car without consent could be illegal.
How Dashcam Footage Affects Insurance Claims
1. Can Dashcam Footage Speed Up an Insurance Settlement?
Dashcam footage can significantly expedite the claims process by providing clear, indisputable proof of fault, which helps reduce the need for lengthy investigations or litigation. Without video evidence, insurance adjusters must rely on driver statements, witness testimony, and police reports, which can sometimes be conflicting or inconclusive. Having a recorded account of the accident makes it much harder for the at-fault driver to dispute what happened.
If the dashcam footage clearly shows that the other driver was at fault, the insurance company may be more inclined to offer a faster settlement rather than engage in drawn-out negotiations or litigation. When liability is obvious, insurers often prefer to resolve claims quickly to avoid costly litigation.
2. Can an Insurance Company Use Dashcam Footage Against You?
If you were at fault for the accident, the insurance company may use your dashcam footage against you to either deny your claim entirely or reduce the amount of compensation you can recover. Video evidence that shows you violating traffic laws, making unsafe maneuvers, or failing to react appropriately could be used to argue that you were responsible for the crash. Insurers may also scrutinize the footage for signs of distracted driving, speeding, or reckless behavior, even if those factors were not the primary cause of the accident.
If the dashcam footage indicates that you were partially at fault, Florida’s modified comparative negligence rule under Florida Statute § 768.81 will apply. Under this rule:
- If you are found less than 50% at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault. For example, if you were 30% at fault and your damages totaled $100,000, you would only receive $70,000.
- If you are found more than 50% at fault, you cannot recover any damages from the other driver, regardless of the severity of your injuries.
Because dashcam footage can be a double-edged sword, it is crucial to consult an attorney before submitting the footage to an insurance company. An experienced personal injury lawyer can review the footage, assess how it may impact your claim, and help present the strongest possible case to protect your right to compensation.
What If the Other Driver Has a Dashcam?
If the other driver has dashcam footage, it can play a crucial role in determining liability for the accident. In some cases, the footage may help your case by clearly proving that the other driver was negligent. However, dashcam footage can also hurt your case if it shows that you were partially or fully at fault for the accident.
Regardless, an experienced car accident attorney will request that the footage be retained by the other driver so it is available if you need it to prove how the crash occurred. In a lawsuit, your attorney can formally request access to the other driver’s dashcam footage through discovery. This process ensures that all relevant evidence is considered and can prevent the opposing party from withholding footage that could be beneficial to your case. Having an experienced attorney on your side can help you navigate these legal challenges and ensure that dashcam evidence is used to your advantage whenever possible.
What to Do If You’re in a Car Accident and Have Dashcam Footage
If you have a dashcam recording of your accident, follow these steps:
- Save the Footage Immediately – Back it up on another device or cloud storage to prevent loss.
- Get Witness Information – Their statements can support your video evidence.
- Do Not Share the Footage Right Away – Consult an attorney before giving the footage to insurance adjusters or any other person who requests it.
- Speak to a Personal Injury Lawyer – A lawyer can determine how to use the footage to maximize your claim.
Contact Smith, Ball, Báez & Prather
Dashcams are becoming an essential tool in car accident claims, providing clear, unbiased evidence to help determine liability. Whether you’re proving the other driver’s negligence, protecting yourself from false claims, or expediting your insurance claim, dashcam footage can be a helpful thing to have.
However, it’s important to understand Florida’s laws on dashcam use, ensure the footage is legally obtained and unedited, and consult a car accident attorney before submitting any footage to an insurance company.
If you’ve been injured in a car accident in Florida and have dashcam footage, our experienced West Palm Beach car accident lawyers at Smith, Ball, Báez & Prather can help. We will review your footage, negotiate with insurance companies, and fight for the compensation you deserve.
Contact us today for a free consultation to discuss your case and legal options.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0934/Sections/0934.03.html
