Can I Use Dash Cam Footage To Prove My Ohio Car Accident Case?

Car crash victims can recover compensation for their damages, if they can prove another driver was negligent. The strength of the victim’s case depends on the strength of the evidence, which is why video footage can be invaluable.

The problem is most crashes are not videotaped. When you become a client the lawyers at Friedman Domiano & Smith will investigate your collision to determine if there is surveillance video available. Often the only video that can be obtained is if one of the drivers involved had a dash cam that was running during the collision. This footage can go a long way toward proving what happened and which driver may be liable. 

Our Cleveland auto accident lawyers explain how dash cam footage could be used in an accident claim. We also discuss whether you can use dash cam footage from the other driver’s vehicle as evidence.

Is It Legal To Use Dash Cams in Ohio?

In Ohio, drivers can install dash cams on their dashboards and rearview mirrors.  However, you cannot install a dash cam on your windshield.

State law allows video and audio recording inside vehicles, and it is legal to record a conversation if you have the one of the party’s consent.

It is also legal to record video and audio inside your car, provided the camera does not obstruct the driver’s view through the windshield.

What Are the Advantages of Dash Cams for Crash Victims?

Dash cams can provide several advantages for crash victims such as:

Evidence for Claims

Crash victims’ dash cams could help their attorney prove the other driver is liable. If there are no witnesses, Opposing parties may have conflicting views of what happened, and dash cams can help prove what actually happened. If the victim does not have a dash cam, and there are no witnesses, it can be more difficult to establish what occurred.

Identify Hit and Run Drivers

If car crash victims were involved in a hit and run, a dash cam could show the fleeing vehicle’s license plate and give the police a good look at the color, make and model of the car. Law enforcement may be able to use the footage to find the at-fault driver.

Speeding Up The Legal Process

Dash cams could provide clear evidence of what happened during a car crash. This could help reduce the back-and-forth with other parties’ attorneys and the liable insurance company. Speeding up the legal process may mean you receive compensation more quickly,  

If you have a dash cam that was running during your crash, make sure to inform your attorney immediately. He or she can help you to preserve the footage and find out if it may help prove your case.

It is important to note that many crashes are not recorded, and victims are still able to recover compensation. Our experienced lawyers have been securing compensation for crash victims for decades and we have in-depth knowledge of proving liability.

Potential Problems With Dash Cams in Auto Accident Claims

Although, dash cams have their advantages, there are potential problems that could arise:

Managing Footage

Drivers need to ensure that the device is recording. It is important to remember to delete old footage or transfer it to another device. This will make room for other footage so that your dash cam can record a car crash if one occurs.

Privacy Concerns

It is easy to forget that a dash cam is running. It could record conversations about private matters that you do not want others to know about.

If a dash cam has footage of something embarrassing, crash victims may not want to use it as evidence.  

Footage Could be Used Against You

Dash cam footage could be used as evidence against you if you violated traffic laws. For example, if you did not stop at a stop sign, it may have been recorded. This could make you partially liable for the collision.

If the footage shows you were wearing headphones while driving, the opposing party may say that your distraction led to the car crash.

What Should I Do if the At-Fault Driver Has a Dash Cam?

An at-fault driver is probably not going to want to share dash cam footage, as it may implicate them in the accident. However, you can have your attorney formally request the footage if it is determined that you have a case. If you saw a dash cam in the other driver’s car, tell your attorney about it. You do not want the footage to get deleted. Your attorney can formally demand that dash cam footage be preserved so that any attempts to delete it will have serious implications later.

In some cases, the police or the court may request the footage. For example, if the at-fault party has footage that is associated with a crime, a search warrant could be issued to allow law enforcement to recover the recording.

Consult with an attorney so you understand your rights and the actions you should take to pursue compensation.  When victims do not have the right information, they risk having their claim denied or not receiving all the compensation they need.

Contact Our Firm To Discuss Your Legal Options

Friedman, Domiano and Smith have been fighting for crash victims for decades, securing millions from liable parties. We know how to gather strong evidence to prove liability for a collision.