Using Dash Cam Footage for Car Accident Claims in Kentucky
They say seeing is believing, and a picture, well, a video, in this case, is worth a thousand words. If you have been involved in an accident, determining liability is crucial to help you recover compensation for injuries and losses. However, this is not always easy, and providing concrete evidence is vital. If you have a dashboard camera (AKA dash cam), you may use the video footage as solid evidence in your car accident claim. Dash cams are video and audio recording devices that capture what happens in front of vehicles, whether a scenic ride or an accident. Some more advanced cameras also have interior-facing lenses that capture what happens inside one’s vehicle. Below, we explore how to use dash cam footage for your car accident claim in Kentucky.
Are Dash Cams Legal in Kentucky?
Dash cams are not prohibited in Kentucky. However, the main concerns that arise from dashcam usage are privacy and unobstructed views. A dash cam has to be mounted in a manner that doesn’t obstruct the driver’s view of the road or interfere with the ability to operate the vehicle. Some states also have laws against recording the audio of a person without their consent, and Kentucky is one of them. However, Kentucky law only requires one party to consent, and since the party using the dash cam consents, this then makes dash cams legal in Kentucky.
Using Dash Cam Footage for Your Car Accident Claim
In a car accident, a dash cam can capture license plate numbers, make, model, and color of vehicles, an image of the driver, driving behavior, road conditions, traffic lights, signage, and even people who witnessed the accident. Dashcam footage provides indisputable evidence that can significantly support your car accident claim. It can benefit your case by:
- Showing precisely what happened
- Proving who was at fault
- Identifying witnesses
- Proving the accident’s severity, ensuring you are well compensated for damages.
However, dash cam footage may also negatively impact your case. For instance, if audio from inside your vehicle suggests you were distracted while driving, it may harm your claim. It is best to consult with a Kentucky car accident attorney to thoroughly review the footage to determine if it is harmful or beneficial to your case.
What if the Dash Cam Was in the At-Fault’s Driver’s Vehicle?
If the dash cam is in the other driver’s vehicle, you may need a court order to access it. In such a case, you may need to file a lawsuit first, typically leading to a discovery process where the at-fault party is legally obligated to hand over the footage.
Tips on Dash Cam Use
To get more out of dash cam footage, here are some helpful tips:
- Ensure your front and back dash cams are working to capture both perspectives. Remember that backup cameras are not a substitute for dash cams as they don’t record video
- Secure your dashcam immediately after a car accident. Your car may be towed, and it may take a while to retrieve the footage
- If you don’t have a dashcam, ask any motorists who saw your accident if they have one.
A Top Kentucky Car Accident Attorney Can Help
If you have been involved in a car accident in Kentucky, contact our experienced London and Southeast Kentucky auto accident attorneys at Cessna & George Law Firm today to build a strong case and maximize your compensation.
Source:
apps.legislature.ky.gov/law/statutes/statute.aspx?id=19948
