Can Dash Cam Footage Be Used in Personal Injury Claims in Texas?
Posted in Car Accident on August 30, 2022
When you are involved in a car accident, you need all the evidence that you can get in order to prove the other party’s liability. Photographs and videos taken after the accident are some of the most powerful pieces of evidence.
If you have a dashboard camera or dash cam, you may wonder if you could use your footage to prove your insurance claim or lawsuit. The answer is yes—video documentation of the accident can go a long way in achieving a successful outcome in your case.
Are Dash Cams Legal in Texas?
There are no laws that outlaw the use of dash cams in Texas. However, you must ensure that your camera is placed in a safe and legal location. According to Texas motor vehicle laws, you are not permitted to attach anything to your windshield, rear window, or side mirror that obstructs your visibility.
If you use a dash cam in Texas, it is important to place it in a location so that it does not affect your driving. Additionally, you must obtain the permission of any person who appears in your footage if you plan to use it as evidence in court.
How Dash Cam Footage Can Affect Your Car Accident Claim
Texas follows a fault-based standard when it comes to car accidents. If you are involved in a collision, the driver whose actions caused the accident must pay for any damages that you suffered in the collision. You could file an insurance claim or personal injury lawsuit to hold the driver accountable and recover compensation.
There are four facts that you will need to prove in order to establish the other party’s liability:
- The driver owed you a duty to follow traffic laws and operate his or her vehicle safely.
- The driver breached his or her duty of care through a negligent act or failure to act.
- The driver’s breach of duty caused your motor vehicle accident.
- You suffered damages that you can recover in your lawsuit.
Footage from a dashboard camera can help establish several important facts related to your claim. It can help prove the driver’s careless actions and how they led to your collision. This footage can corroborate your version of events and prove that certain witnesses saw the accident happen.
Dash cams can also help solve a hit-and-run case. If a driver strikes you and flees the scene of the accident, your camera can capture important details about his or her vehicle that you may not be able to recall after the collision. The police can use your footage to track the driver down and hold him or her accountable for your injuries.
What to Do After a Texas Car Accident
A car accident can be a scary experience, and saving your dash cam footage is only one of the steps that you should take to protect your future case. If you are involved in a collision in Texas, you should report the accident to the police as soon as possible. You should also receive immediate medical attention, even if you do not feel hurt.
Take photographs and videos of the accident if you are able, and exchange information with the other driver and any witnesses. Once you receive treatment, contact a Texas car accident lawyer to discuss your legal options and initiate your claim.