Advances in technology have made dashcams, or dashboard cameras, commonplace in modern motor vehicles. If you get into a car crash that was recorded by a dashcam, this footage can typically be used during your car accident claim.
In Colorado, dashcam video recordings are considered a form of evidence that can be instrumental in proving fault.
A Fort Collins car accident lawyer can help you understand how to use this type of evidence effectively to strengthen your case and pursue fair compensation for your injuries and damages.
Your Burden of Proof as a Car Accident Victim in Colorado
Colorado is a fault-based car insurance state. This means that after an accident, the person or party who is deemed to be responsible for causing the crash must pay for a victim’s damages. All drivers in Colorado must maintain minimum amounts of liability insurance to pay for the accidents that they carelessly or recklessly cause.
To recover financial compensation from another driver during a car accident claim in Colorado, you must provide clear and convincing evidence of fault.
You or your car accident lawyer must demonstrate that the other driver is liable, or legally responsible, for the crash “based on a preponderance of the evidence.” This means more likely to be at fault than not. Dashcam footage can provide important evidence to support your claim against another driver.
How Can Dashcam Footage Be Used During a Car Accident Case?
Car insurance companies have a reputation for denying claims and refuting liability. Dashcam footage can provide strong and irrefutable evidence to support your version of events. You can submit dashcam footage directly to an insurance company during your car insurance claim to help establish fault and prove your injuries.
If another driver ran a red light and crashed into you at an intersection, for example, your dashcam may have recorded footage of this traffic infraction that allows you to qualify for financial benefits from the at-fault driver’s insurer. Dashboard cameras located in the cars of other drivers may also be accessed, subpoenaed and used during your car accident claim.
What Are Colorado’s Rules of Evidence?
If your case needs to go to trial, you or your car accident attorney must officially submit dashcam footage as evidence before it can be used. The courts must review it and rule it as admissible.
Video footage recorded by a dashboard camera (or a similar device, such as a GoPro attached to a motorcycle helmet) must meet certain criteria to be admitted as evidence. This includes:
- Relevance: the footage must be relevant to your car accident claim, such as clearly showing what happened during the crash.
- Authenticity: the recording must be genuine dashcam footage that has not been altered, edited or tampered with in any way.
- Admissibility: it must comply with the state’s rules of evidence, which include footage that is clear, high-quality, and not overly misleading or prejudiced.
- Legality: certain types of dashcam recordings are not legal in Colorado, such as dashcams that record people inside the cab of a car without their permission or knowledge. This type of footage may not be admissible.
Although dashcam or video evidence is not always necessary to prove fault in a car accident case, it can be crucial if there are complications such as a liability dispute. If the other driver’s insurance company is attempting to blame you for the accident, dashcam recordings can be the strongest piece of evidence to prove your case and establish fault.
Work with an experienced car accident lawyer in Colorado for assistance accessing, preserving and using dashcam footage during your case. Contact us at Cannon Law for a free consultation.
