Dashboard cameras have become more and more popular now that cameras are so small and we have the technology to turn them on and record long videos without much hassle. But how helpful are they in the event of a car crash or other personal injury case?
Dash camera footage can be used in a personal injury case, and it doesn’t even need to be your footage. As long as someone’s camera caught the accident and they are willing to turn it over, we can use it as great evidence of what happened. Even if they don’t want to turn it over willingly, we can potentially subpoena the video in court, e.g., if the defendant has the video from their dash cam.
For a free evaluation of your injury case, call The Queenan Law Firm’s Dallas car accident lawyers at (817) 476-1797.
Is Dash Cam Footage Admissible in Court?
Under Texas law – and under the laws of most states and the federal system – photo and video evidence can be used as long as both of these core requirements are met (though there are also some other various conditions). Proving these surrounding facts about the video is known as “laying foundation” for the evidence, and it is a necessary step before evidence can be admitted.
Relevance
Photos and video must be relevant to be admissible. This is handled under Texas Rule of Evidence 401, and requires that
- The evidence tends “to make a fact more or less probable” – i.e., it shows something did or didn’t happen.
- The facts the evidence shows are “of consequence” in the case – i.e., it provides evidence about something that actually matters.
With dash cam video, the minutes or seconds leading up to the crash, as well as the crash itself, are certainly relevant. In some cases, video from minutes or even hours before the crash might also be relevant if it shows the driver swerving, drinking and driving, or doing something else that would play a part in the crash.
Authentication
You have to be able to authenticate video to submit it as evidence. This means showing that it was the actual video from the camera and that it accurately depicts the events as they happened.
This can usually be done in the way we extract the video or have the owner of the camera send the file. They can testify that that was the actual video file pulled from the camera, and that it as not been altered before they sent it to us. Police who collect the evidence can take similar steps to authenticate it.
Anyone who saw the accident can testify as to whether it accurately represents the accident scene by reviewing the video, comparing it to their memory, and confirming that accuracy.
Other Requirements
The video cannot be altered or doctored in any way, except we may be able to use functions like zooming, pausing, going frame-by-frame, or adding circles or arrows to the video or stills from the video to highlight things.
The proof required to lay “foundation” for evidence like this typically isn’t that strict, and most dash cam footage is acceptable.
There may also be requirements about this video being the original versus a copy, having to turn over the whole video rather than just a part, and various evidentiary requirements our Texas car accident lawyers can take care of.
Dash Cam Recording Rules in Texas
It is important that your video be taken legally so that you can use it. In Texas, there aren’t typically any laws that stop drivers from using dash cams.
- Dash cams are legal under Texas law, but you technically cannot have them obstruct your view, so just be careful about where you place the camera.
- It is legal to record in any public place or in your own car.
- Drivers can legally record in taxis, Uber/Lyft cars, commercial vehicles, etc.
- Laws about distracted driving might stop you from activating or manually operating a camera, but voice-activated dash cams, always-on cameras, and dash cams that record when they detect a crash should be fine.
- Texas is a one-party consent state for recordings. This means that you can record a conversation if you are involved in it, even if the other parties do not give consent. However, if your camera is video-only with no audio, this isn’t even an issue.
FAQs for Using Dash Cam Footage in a Car Accident Case in Texas
How Do I Get the Footage from Someone Else’s Camera?
Our lawyers can contact the owner of the camera to get the footage. This is important for a few reasons:
- We can send them a letter demanding they preserve the video so that if we cannot get a hold of it right now, they cannot legally delete/erase it without potentially interfering with the court case.
- We can make sure to get it in the correct format and with the proper documentation so we can authenticate it in court.
What if They Refuse to Turn it Over?
If the dash cam was the defendant’s, they might not want to turn the video over if it hurts their case. By sending an evidence preservation letter, we put them on notice that they’ll need to turn it over. We can then use the court’s subpoena power to demand they turn it over.
We can also potentially subpoena other relevant evidence, like dash cam footage from non-parties.
What if the Defendant Deleted Their Video?
Deleting or destroying evidence is known as “spoliation.” If the defendant knew their video would be needed for the case, but then deleted it, we can potentially get the court to penalize or “sanction” the defendant for spoliation.
This might even include an instruction to the jury, known as a spoliation inference, that the video would have cut against the defendant (and that’s probably why they deleted it). An evidence preservation letter helps put them on notice and lay the groundwork for spoliation inferences and sanctions.
What if the Dash Cam Got Deleted?
It is important to save the video quickly, as many dash cams have limited storage space and overwrite the video after a few days or hours, depending on the settings. If the data was deleted by accident or overwritten, we may be able to get it recovered off the device – but we need to act quickly!
Can I Use Other Video?
Generally, any video of the accident is potential evidence, whether it came from a cell phone, a security camera, or a conveniently positioned news report, among others.
Call Our Texas Car Accident Lawyers Today
For help with your case, call The Queenan Law Firm’s Abilene, TX car accident lawyers at (817) 476-1797 today.