In Denver, Colorado, the roads are almost as dynamic as the weather, so car accidents are not uncommon. After a car accident, the whole scene is chaotic. Between those involved in the accident and the witnesses, the facts can become blurred, and the truth can be hard to figure out. What’s helped in many of these cases is the advent of the dashcam, which has revolutionized the way car accident cases are approached. Footage from a dashcam can offer a clearer picture of what happened and, potentially, who’s at fault for the accident. In this article, we’re going to explore the benefits of dashcam footage when it comes to car accidents in Denver and what it can do for you.
Colorado Law in Regard to Dashcams
Colorado law does not specifically address dashcams. Colorado does adhere, however, to a reasonable expectation of privacy principle. So, as long as your dashcam is installed on your vehicle’s dashboard or windshield and does not infringe on anyone’s privacy inside and outside of the vehicle, the footage is generally admissible in court. This is mostly aimed at audio recording. This privacy policy aligns with the federal Electronics Communications Privacy Act and is aimed to ensure that the dashcam is both lawful and respectful of privacy.
Advantages of Dashcam Evidence
The dashcam footage in Denver courts can really help if they’re relevant to your case and have an unbiased perspective of the accident. Unlike human witnesses, cameras don’t suffer from memory distortion or bias which can be incredibly helpful. This objectivity is invaluable when it comes to cases like car accidents, particularly when you’re trying to establish fault.
Clarity of Details
Dashcam footage can provide a clear and specific record of the auto accident and the events leading to the accident. When trying to determine fault this is priceless. Complex accidents that involve multiple parties that may have contributed to the accident can be incredibly confusing. Dashcam footage can show if a vehicle failed to stop at a red light, was speeding, or even performed an illegal maneuver. This would provide you with concrete evidence of who was at fault for the accident.
Countering False Claims and Fraud
Unfortunately, after car accidents, you can find a lot of attempted insurance fraud and people making false claims. Dashcams are a deterrent to these types of practices. When people are aware that their actions have been recorded, they are far less likely to try and manipulate the situation. So, your dashcam footage can help counter any false claims that come about but it can also expedite a resolution with genuine claims.
Impact on the Insurance Process
Insurance companies actually like dashcam footage. This footage is incredible because it provides objective evidence in the case. Dashcam footage can really help you streamline the claims process. When fault is clearly depicted in the footage you can end up with a quicker settlement and also prevent unnecessary legal battles. Some insurance providers believe and offer you discounts if you put a dashcam in your car. This goes to show they understand the role that dashcam footage can play in alleviating the risks to them and reducing the likelihood of long negotiations and legal disputes.
Admissibility of Dashcam Footage
Whether or not your dashcam footage will be admissible in court depends on both state and federal laws. The Colorado rules of evidence which mirrored the federal rules of evidence, set forth the criteria for what evidence is admissible in court. For your dash Cam footage to be considered admissible, it has to satisfy several conditions:
● Relevance: Your dashcam footage has to directly relate to the accident claim at hand. Not only does it have to be relevant, but it has to be consequential. In other words, the footage needs to directly help determine an outcome in the case.
● Authenticity: Your dashcam footage has to be authenticated as true and accurate. This is usually established through testimony from someone who can verify the accuracy of the recording device and the integrity of the footage.
● Unaltered: This goes with the integrity of the footage. Your dashcam video has to be presented in its original form no editing involved. Any signs of tampering or editing can get your footage thrown out.
● No Violation of Privacy Laws: As mentioned before, Colorado adheres to a reasonable expectation of privacy. If your footage infringes on the privacy rights of any individual, it’s inadmissible. This has to do with where your dashcam was positioned in the vehicle. If you’re a dashcam recorded something other than a public space, you could run into problems.
Challenges to Admissibility
Dash Cam footage has obvious benefits. This type of footage can make or break a case. There are arguments that will get dashcam footage thrown out of a case. These usually revolve around questions of privacy, the potential for prejudice, or the accuracy of the recording technology. Opposing parties could argue that the footage violates someone’s privacy rights, that the footage presents a biased view of the events, that it presents unfair prejudice, it only serves to confuse the issue further, it could mislead the jury, that it isn’t relevant enough and would cause undue delay or waste of the court’s time. It’s also been considered inadmissible because it needlessly presents evidence that’s already been presented. If you want to use your dashcam footage you need to be prepared to address challenges like this. Working with an experienced attorney can help you demonstrate that your evidence is both fair and reliable.
Conclusion
Using dashcam footage in your car accident case is not a complex problem. In most cases, dashcam footage is admissible and incredibly helpful. You just have to make sure that your footage is fair, that you maintain people’s privacy, and that it remains unedited and reliable. If you’ve met all these criteria, then your dashcam footage is a powerful tool for resolving your car accident claim promptly. Dashcam footage provides the perfect objective documentation of the accident scene. Having an impartial and objective witness is a great asset.