Can Dashcam Video be Used as Evidence in New York or New Jersey?

Dashboard-mounted cameras, otherwise known as dashcams, are becoming more and more popular. Footage from these cameras can be used as evidence in New York and New Jersey. Even when a car accident involves two honest and well-intentioned drivers, they may still offer two completely different versions of what happened. Moreover, with many drivers facing the prospect of stiff financial penalties, people have plenty of incentive to spin the facts in their favor. While this makes it more difficult for innocent victims to achieve the justice they deserve, the emergence of dashcams is starting to make a dent in this issue.

How Does a Dash Cam Work?

There are some accidents where a dashcam can provide definitive evidence of what transpired before, during, and after the crash. This footage is admissible in court in both New York and New Jersey. It begins recording as soon as you turn the key in the ignition, and it records on continuous loops on an SD card in 3-minute segments. Some dash cams record sound as well, some have night vision capabilities, and some have a built-in GPS. Keep in mind that some also record your speed, which might work against you.

When a Dash Cam Might Help You

Here are some examples of accidents where dashcam footage could help build your case:

• The other driver claims that you were speeding at the time of the crash which caused the accident. However, your dashcam proves that you were driving 2 miles per hour below the posted speed limit.
• As you approach a 4-way traffic light where you have the green light, a car coming from your left runs a red light and suddenly appears in front of you, and you are unable to stop, so you T-bone that car. The other driver denies running a red light and instead accuses you of running the red light. Your dashcam shows that you had the green light and that the other car entered the intersection illegally.
• Several minutes before you are injured in a crash with a suspected drunk driver, your dashcam footage shows that driver swerving all over the road. That driver later denies that they were driving under the influence, but your footage proves otherwise.

When a Dashcam May Not Help You

Here are some examples of accidents where dashcam footage may not help:

• You are injured in a T-bone collision– where the other car approaches from the side and never appears in front of you. Therefore, the dashcam may not capture any footage of what the other driver did to cause the accident, so it would not help you build your case.
• You are badly injured after being rear-ended while driving on the highway. While the other driver may still certainly be liable for the crash, the dashcam footage would not have captured anything the other driver was doing at the time of impact.
• The other driver was negligent for cutting you off and causing an accident, but your dashcam shows that you were speeding at the time of the crash. This would hurt your claim that the other driver was 100 percent responsible for the collision.

Dashcams Can Help You in Settlement Negotiations

Not only can dashcams be used as evidence in court, but they can also be instrumental in the settlement negotiation process. Once the other side sees that you have concrete evidence on your side, the defendant may be much more willing to present a fair settlement offer to you. Additionally, if the defendant knows that you have dashcam footage of the accident, they will be less likely to attempt to lie about what happened.

Hiring an Experienced Lawyer is Essential

An experienced car accident attorney is often the most qualified to handle a case where dashcam video is available, as they will know how to use it in your favor. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we advise car crash victims to hire an experienced attorney as soon as possible.

Contact Us for a Free Consultation

For more than 40 years, we have been zealous advocates for justice on behalf of our clients and have recovered millions in damages for personal injury victims. If you have questions about the use of dashcam video as evidence in New York or New Jersey, call Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. today to schedule a free consultation. We do not charge any legal fees unless you win.