When Can You Use Dash Cam Evidence in Alton, IL Car and Truck Accident Claims?
One of the most important tasks after a car or truck accident is to collect strong and convincing evidence to support your case. Relevant evidence may include eyewitness statements, police accident reports, photographs, and medical records. Additionally, in recent years, dash cam footage has emerged as another type of evidence that may increase your chances of obtaining a fair settlement.
The goal of a dash cam is to record videos of the vehicles and roadway in front of you. If you are in a wreck, the dash cam can provide footage showing what happened before and during the accident. While it is common for dash cams to record the outside of the vehicle, some dash cams, especially in big rigs and rideshare vehicles, face toward the vehicle’s interior to record the driver’s and passenger’s actions.
Are dash cams legal in Alton, IL?
Dash cams are legal in Alton and throughout Illinois, provided that you follow three important rules:
- You must install the dash cam on the left side of the dashboard. The left side means the driver’s side of the dashboard.
- Only dash cams smaller than five square inches are allowed. This restriction ensures they do not take up much of your windshield space or cause visibility issues when driving.
- If your dash cam records audio, you must ask anyone who rides or enters your vehicle for permission to record any audio. If your dash cam records only video, you do not need to ask for permission because your vehicle and the roadways are public places under the law.
When can you use dash cam footage in a car or truck accident claim?
If you are involved in a car accident or truck accident, you may be able to use your dash cam footage or the other driver’s dash cam footage to support your accident claim. The goal of using this footage is to prove that the other driver behaved negligently, which resulted in your accident. Here are a few examples of when you should consider using dash cam footage in a car or truck accident claim, if available:
- You were involved in a serious and complex accident that resulted in severe injuries
- There are disputes and disagreements about who is at fault for your accident
- Multiple vehicles were involved in the crash
- You believe that the driver of the passenger vehicle or 18-wheeler who caused your crash was acting negligently behind the wheel (texting and driving, drinking and driving, or failing to obey traffic laws and signs)
- You saw that the driver was acting aggressively or had road rage at the time of the accident
- You need more evidence to prove your side of the story
The benefits of dash cam evidence in car and truck accident claims
There are a lot of benefits of using dash cam evidence in your car and truck accident claim, such as:
- Dash cam footage can serve as proof that another party acted negligently and directly caused your accident, injuries, and other losses
- Recordings can show how severe the accident was and support your claim that you experienced extensive injuries and property damage
- The video can help explain what happened and why the accident occurred
- Recordings can show whether you or the other party followed the traffic laws, speed limits, and traffic signs
- Dash cams can help indicate whether a party was swerving, acting aggressively, speeding, or doing anything else that could suggest that they were drunk, impaired, distracted, or had road rage
- Footage may show whether any witnesses were around the accident scene who may be able to provide a statement
In the aftermath of an accident, victims are often focused on recovery and may experience fading memories of the incident. When this happens, dash cam footage can refresh memories and provide insight into the events that led up to the crash. This unbiased evidence is often beneficial for proving liability car and truck accident claims.
Can my own dash cam footage be used against me?
Like every other piece of evidence that you enter into an accident claim, evidence from your dash cam may work against you. It is possible that the footage will indicate that you were the one at fault or that you shared the fault with the other driver. The opposing attorneys may request that footage, and it may come to light that you made a mistake or error that contributed to the accident. Therefore, it is important to remember that when you collect dash cam footage, the defendant’s legal team may also use that evidence to prove that you were partially at fault for the crash.
Keep in mind that to file an accident claim and seek compensation in Illinois, you must be less than 51% at fault for the accident. If a judge or jury finds you to be 50% or less at fault, you can still file a claim, but the court will reduce your compensation by the percentage of fault that the attorney assigned to you in the accident. For example, if you were 20% at fault for the accident, your compensation will be reduced by 20%.
Across the river in Missouri, the state operates on a pure comparative negligence basis. This means even if you are 99% at fault, you are still eligible to collect one percent of your damages.
The Alton car and truck accident attorneys at Glisson Law Firm have over 30 years of experience helping accident victims with various types of crashes. Therefore, we are up to date and informed about the evidence that can benefit your claim and how to help you obtain and use it to build a strong and convincing case. If you or a family member were injured in a car or truck accident and have questions about the possibility of using dash cam footage, please call our office or submit our contact form to start discussing today. We are based in Alton and proudly serve Belleville, Edwardsville, Springfield, St. Clair and Madison Counties, all of Southwestern Illinois and Missouri.