In recent years, more and more businesses and individuals are using dash cameras in their vehicles. These cameras generally point forward through the windshield of a vehicle and record footage which can be saved and accessed later in the event of an accident. Such footage often becomes crucial evidence in litigation arising from motor vehicle accidents.
Footage from vehicle cameras can protect business and individuals from fraudulent claims. In a recent case, our firm defended a towing company in a personal injury lawsuit. The plaintiff alleged that as our client was towing away her vehicle, the sleeve of her jacket got caught in the door of her vehicle and she was dragged along the ground. Fortunately, the tow truck was equipped with a rear-facing camera. The footage from the camera showed that no part of the plaintiff’s body or clothing ever got caught in her vehicle. Instead, the plaintiff simply tripped and fell while running after the tow truck. When this footage was disclosed in discovery, the plaintiff’s attorney withdrew from representing the plaintiff, and the case was subsequently dismissed.
In other cases, dash camera footage is important evidence, but additional expertise is needed to better understand and contextualize the footage. Cameras are often mounted in the center of the dashboard or higher on the windshield near the rear-view mirror. Therefore, the camera’s view is not always the same as the driver’s.
We recently defended a high-exposure personal injury case arising from an accident involving a pedestrian and a commercial vehicle at an intersection. The dash camera footage showed that the driver had the right of way, and the pedestrian crossed the intersection against a “DO NOT WALK” signal. On the other hand, plaintiff’s counsel relied on a traffic statute that states that a driver must yield to a pedestrian walking in a cross walk even if the driver has a green light. The dash camera footage showed the pedestrian moving across the intersection while the driver was still attempting to make a left turn. Plaintiff’s counsel argued that the driver should have seen the pedestrian and should not have attempted to make his turn while the pedestrian was attempting to cross. To undermine these allegations, we hired an accident reconstructionist who was able to test-drive the vehicle, measure the driver’s height, and extrapolate and explain the difference between what the driver could see and what was captured on the dash camera. By doing so, we were able to show that the driver’s view of the pedestrian was blocked or at least partially obstructed during the time he attempted to make his left turn. This undermined the plaintiff’s allegations and supported the driver’s statements that he never saw the pedestrian before she walked into the path of his vehicle.
Dash cameras may also tell only part of the story when an accident occurs partially or entirely out of view of the camera. This can occur if a vehicle with a front-facing camera is reversing, or when a side-swipe collision occurs. In these scenarios, an accident reconstructionist can review the limited footage available, along with measurements and data taken from the scene, including the final resting places of the vehicles involved. The expert may then be able to extrapolate the positions of the vehicles at times when they are not visible on camera.
Of course, dash cameras are only useful in defending claims if they are operating correctly and if the footage from an incident is preserved. If a vehicle is equipped with a camera that either does not record or does not preserve the footage, this may present a worse situation than if the vehicle had never been equipped with a camera in the first place. When footage should have been recorded but is missing, there is a risk of the driver or business being accused of deleting evidence. If a business elects to equip its vehicles with dash cameras, it is essential that it put systems in place to ensure that drivers consistently use the dash cameras, and that any important footage is retained and preserved. When utilized properly, vehicle cameras can be a wise investment that can defeat fraudulent claims and be of great assistance in claims involving disputed or potentially shared liability.
