Dashcams are becoming commonplace on the busy streets of New York City, capturing everything from minor fender benders in Queens to huge crashes on the FDR Drive. For many drivers, dashcam footage is a source of peace of mind and a safeguard against spurious claims. However, as any experienced New York car accident lawyer will tell you, these devices can just as easily ruin you if you’re not careful.
Contrary to the popular myth, dashcam footage is not necessarily the golden ticket in a case of a car accident. There are situations in which your video can help lower your compensation or establish partial fault. For this reason, it is very important to understand when and how to utilize dashcam evidence on the advice of a legal expert following an accident.
The Pros and Cons of Dashcam Footage
There is no doubt dashcams are handy. They seem to capture objective, timestamped video of how an accident occurred. For instance, they might capture another motorist blowing through a red light or crossing into oncoming traffic, leaving physical evidence to corroborate your testimony. That can be an essential negotiating point when dealing with an insurance firm or in a lawsuit.
But dashcams don’t record just the other driver. They also record you. Your speed, reaction time, and even your driving behavior mere seconds before impact. This is where things start to get hazardous. Video demonstrating you:
- Slowly speeding
- Rolling past a stop sign
- Aggressive lane change
- Distracted by phone or GPS
Defence attorneys or insurance adjusters might use it to assert that you share some of the faults. In New York, where comparative negligence applies, even partial fault will proportionate your settlement.
Why You Should Always Involve a Lawyer First
Most victims of accidents make the mistake of forwarding their dashcam footage to their insurance company without going through the law. This is a potentially catastrophic action. Insurers have learned to search for anything to reduce their liability, even if they believe the video establishes their case.
An experienced New York car accident attorney will be able to expertly evaluate your video and decide if it is beneficial or detrimental to your case and whether it should be produced. They’ll also be able to advise you on how to respond strategically to insurance companies that request or subpoena the video.
This is why employing one of the best car accident lawyers in NYC may make such a big difference in your case outcome. They will protect your rights and ensure the evidence is handled optimally.
When Dashcam Footage Is an Effective Asset
Despite the dangers, dashcams can be a valuable asset in the right scenario. With the proper legal counsel, dashcam video can help:
- Prove fault by showing traffic violations
- Refute false accusations or inconsistent testimony
- Show a timeline of events
- Show dangerous road or weather conditions
The key is the manner and timing of the presentation of the video. Don’t put your story entirely in the hands of the video, use it with other evidence and a clearly established legal plan under your lawyer’s guidance.
A Word of Caution for Queens Drivers
If you are driving through congested boroughs such as Queens, where traffic and road work jams are the rule, dashcams are a real hit. But don’t think that a camera in any way protects you. Prior to filing any video, get in touch with a car accident lawyer Queens, NY who is well-versed with local courts and procedures.
They will ensure your dashcam protects you, not incriminates you.
Conclusion: Drive Smart, Consult Smarter
Dashcams are great resources, but only if you know how to use them. If you’re involved in a car accident, your call should be to a seasoned New York car accident attorney. With the assistance of one of the best car accident lawyers in NYC, you can proceed confidently and utilize your dashcam video to strengthen your case, not damage it.
YOU MAY ALSO LIKE: Can You File a Lawsuit if You Were Partially at Fault in an Accident? Here’s What You Need to Know