One of the most compelling pieces of evidence in the aftermath of a car wreck and filing a personal injury claim is visual evidence. Nothing speaks louder than actual film footage of the crash. But how do you get your hands on it? How do you find surveillance cameras and get access to them for evidence?
In this day and age, just about every home and business has a surveillance system of some sort, but there are also other ways to capture the footage of a wreck as well, by using dashcam footage. Filmed evidence may be just the ticket to turn the tide of your case in your favor.
Arkansas has many traffic cameras mounted in various locations across the state. They are mainly used to monitor the flow of traffic, identify areas of vehicle congestion, and assist drivers in planning a trip to choose better routes. While it helps with those tasks, it can also reveal a car crash. The traffic camera’s job is not to specifically provide footage of a crash, but it can be helpful if one such camera captures the events leading to the collision.
These days though, as Fort Smith car accident attorneys, we do not just rely on traffic cameras. At the Law Office of Jason M. Hatfield, we also know we can search for and rely on CCTV footage from any local businesses that may be nearby, and/or police body cams. It is typically your attorney searching for such footage, and not the responsibility of the injured driver to find the evidence. A video of your crash in real-time is the best evidence available to prove a case.
To obtain traffic camera evidence your lawyer works with state officials. The Fort Smith car accident lawyers at the Law Office of Jason M. Hatfield reach out to the Arkansas Department of Transportation (Arkansas DOT) as soon as possible after the crash to see if the footage of your crash still exists. If that is the case, we may be able to obtain a copy to use for your case. We do act quickly to secure any evidence that may be available to make sure it is not deleted, we usually file a request within 10 days of your crash.
Traffic monitoring cams are mostly used along major highways. If your crash happened in another location besides the highway, your attorney looks in the area of the crash for businesses and homes that have security cameras. This process may involve contacting local businesses and residents in the area and asking people to check their security cameras for crash footage.
However, if you had a dashcam at the front of your car on the dashboard facing front, the footage it captures of your accident can be very useful to show how the accident happened and the identity of the driver behind the wheel. Should it turn out that a witness to the crash also had dashcam footage, our Fort Smith car accident lawyers work to track it down. At the Law Office of Jason M. Hatfield, we leave no stone unturned to gather evidence to win your car accident case.
It’s important to know that dashcam footage is not just about proving how a crash happened, but it also provides evidence of where the accident happened, and how fast you were driving, and can also show that you did not commit any traffic violations. This is helpful because Arkansas is an at-fault state, meaning the person who was liable for the crash is also responsible for the damages caused.
Dashcams are legal in all 50 states, but each state has different regulations on how they are used. It is also important to note that while they may provide excellent evidence of a crash, they may also provide evidence of whether fault is determinable on the part of “both” drivers involved in a wreck. Some states vary in how the recorded information may be used because it’s a form of surveillance.
Most dashcams record what’s happening outside the car. However, some also record audio from inside the car, including conversations between the driver and passengers. Those conversations could indicate inattention or distraction by the driver. Whether the car’s occupants consented to be recorded could turn out to be important if the recording is admissible as evidence in court. This depends on what state you live in.
In most states, only one person needs to consent to be recorded. If the person doing the recording is aware they are being recorded, that is acceptable even if others do not know they are being recorded. In other states, all parties need to know they are being recorded. For instance, the following states require all-party consent to be recorded:
- California
- Connecticut
- Delaware
- Florida
- Illinois
- Maryland
- Massachusetts
- Michigan
- Montana
- Nevada
- New Hampshire
- Oregon
- Pennsylvania
- Vermont
- Washington
Arkansas is an at-fault state, meaning the person who was liable for the crash is also responsible for the damages caused. At-fault insurance policies cover injuries and damages to car accident victims. Dashcams are legal in Arkansas if they are installed behind the rearview mirror, not obstructing the driver’s view.
If a dashcam blocks the driver’s field of vision, it is illegal to use it. Also an Arkansas driver cannot mount a dashcam on the windshield, side wings, or side or rear windows. There are 12 states, including Arkansas, that have specific mounting rules – such as the dashcam may not occupy more than a 7-square-inch area on the passenger side or a 5-inch area on the driver’s side.
No security footage in the surrounding area of the crash? No dashcam film? That may be difficult, but there is always the option of checking with the police for bodycam evidence. The bodycam footage would not show how the crash happened, but could provide other useful and potentially important evidence, and is a good place to start to build a lawsuit for damages.
Be aware that in some instances, just because surveillance camera footage may be available, it does not mean you can obtain it. If you are seeking this evidence on your own from a local store owner, it may be best to come prepared with a court order or subpoena. Many business owners and residents would consider handing over footage willingly, but that is not always the case.
Dashcam footage can be crucial evidence in a personal injury lawsuit. It depends on the circumstances of the accident and what state you live in. Never assume that you do not have a case that the law is not on your side or that you cannot receive compensation for your injuries. Every case is different and to find out how that works, always reach out to a skilled and experienced car accident attorney at the Law Office of Jason M. Hatfield. We’re here to help you and let you know what your legal rights are.
Contact the Law Office of Jason M. Hatfield
The Law Office of Jason M. Hatfield, P.A. represents car accident survivor claims from Northwest Arkansas, including Fort Smith, Rogers, Springdale, Fayetteville, Bentonville, Berryville, and Harrison. Call us today for your free consultation at (479) 361-3575.