Dash cam evidence is increasingly significant in motor vehicle accident cases in Greenville, South Carolina. It offers an objective visual record of events leading up to, during and sometimes after a collision.
This footage can be instrumental in determining fault, supporting insurance claims and even serving as important evidence in legal proceedings.
Admissibility of Dash Cam Footage in South Carolina Courts
In South Carolina, dash cams are legal, provided they are mounted on the dashboard and do not obstruct the driver’s view.
The state adheres to a “one-party consent” law for recording conversations, meaning that as long as one person involved in the recording (which would be the dash cam owner/driver) consents, the recording is legal. This generally makes dash cam footage admissible in South Carolina courts, assuming it meets other evidentiary requirements.
What Makes Dash Cam Footage Admissible in Court?
To be admissible, dash cam footage typically needs to be:
- Relevant: The footage must be pertinent to the facts at issue in the case, such as showing the moments leading up to the accident, the collision itself or immediate aftermath.
- Authentic: The party presenting the footage must be able to demonstrate that the recording is genuine and has not been altered or tampered with. Establishing a clear “chain of custody” of the footage is important for this.
- Reliable: The quality and clarity of the footage should be sufficient to accurately depict the events. Poor resolution, obstructions, or issues with the camera’s functionality could impact its reliability.
How Dash Cam Footage Can Prove Fault
Dash cam footage can be a powerful tool in establishing fault in a motor vehicle accident by providing a clear visual account of what occurred. Some specific ways it can be used include:
Traffic Violations
Footage can clearly show if a driver ran a red light or stop sign, failed to yield the right of way, was speeding, or made an illegal turn – all of which are violations of South Carolina traffic laws. For instance, footage might show another driver entering an intersection against a red light, directly causing the collision.
Distracted Driving
A dash cam might capture evidence of another driver engaging in distracting behavior, such as texting, talking on a cell phone or appearing to be inattentive in the moments before the crash. This can be important in demonstrating negligence.
Aggressive Driving
Footage could reveal if another driver was tailgating, weaving through traffic or engaging in other forms of aggressive driving that contributed to the accident.
Witness Testimony Corroboration
Dash cam footage can either support or contradict the accounts given by drivers and witnesses, helping to establish a more accurate understanding of the events.
Rear-End Collisions
Footage, especially from rear-facing cameras, can show if the following driver was tailgating or failed to maintain a safe stopping distance, directly leading to a rear-end accident.
Disputing Claims
If another driver accuses you of causing the accident, your dash cam footage might provide evidence to the contrary, demonstrating that you were not at fault. For example, if someone claims you swerved into their lane, your footage might show you maintaining your lane.
Obtaining and Preserving Dash Cam Evidence
If you have a dash cam in your vehicle and are involved in an accident in SC, it is important to take immediate steps to preserve the footage.
Secure the Recording
Ensure the dash cam is not overwritten. Many devices record on a loop, so you’ll need to save or download the relevant video file as soon as possible. Some cameras have features that automatically save footage upon impact.
Back Up the Footage
Transfer the video to a secure location, such as your phone, computer, or a cloud storage service. Keep multiple copies if possible.
Do Not Tamper with the Footage
Any alteration or editing of the footage can severely compromise its admissibility and credibility.
Inform Your Attorney
When you hire a car accident attorney in Greenville, SC, let them know immediately that you have dash cam footage. They can guide you on how to properly present it as evidence.
If the other driver or a witness has dash cam footage, your attorney may be able to subpoena that footage as part of the discovery process. It is illegal for someone to destroy or withhold evidence once a subpoena has been issued.
Limitations and Considerations with Dash Cam Evidence
While dash cam footage can be incredibly valuable, there are some limitations and considerations:
- Camera Angle and Coverage: A single front-facing dash cam might not capture all relevant angles of the accident. Side or rear-facing cameras can provide a more comprehensive view.
- Video Quality: Poor lighting conditions, weather or a low-resolution camera can result in unclear or unusable footage.
- Interpretation: Even clear footage can sometimes be subject to different interpretations by insurance adjusters or legal teams.
- South Carolina’s Comparative Negligence Law: Even if dash cam footage clearly shows the other driver was primarily at fault, if the footage also indicates you were partially at fault (less than 51%), your recovery of damages might be reduced by your percentage of fault.
- Privacy Concerns: While recording on public roads is generally permissible, recording private conversations inside your vehicle without consent could raise privacy issues, although since you are a party to the conversation, this is generally allowed under South Carolina’s one-party consent law.
Contact Attorney Venus Poe for Immediate Help
Dash cam evidence is a valuable asset in motor vehicle accident cases in Greenville, South Carolina. When used effectively, it can provide objective proof of how an accident occurred, helping to establish fault and support claims for damages.
Attorney Venus Poe knows how to use dash cam footage to your advantage after a car accident. Call today to schedule a consultation about your case.