Dashcam footage from a motor vehicle can provide objective, irrefutable evidence to help establish fault for a car accident. Footage from a dashboard camera can speed up the car insurance process and disprove false allegations – which is especially important under North Carolina’s contributory negligence law. Dashcam footage can generally be used as evidence in a Wilmington car accident claim if it is clear, relevant and unedited.
North Carolina’s Fault Law and Car Accident Compensation
In North Carolina, car insurance claims follow a fault-based law, where the individual responsible for causing the wreck is also responsible for paying for a victim’s losses. Obtaining compensation for your medical bills and property damage requires you to prove that another driver (or a third party) is at fault.
You need clear and compelling evidence of another driver’s fault to meet your burden of proof as a crash victim. Dashcam footage of the accident can provide the evidence you need to establish that the other driver violated a traffic law or behaved carelessly or recklessly behind the wheel. Enough evidence against the driver can result in a settlement for your losses.
Footage of the Crash May Prove Fault
Dashboard camera footage from one of the vehicles directly involved in the accident may clearly show the other driver running a red light, failing to yield the right-of-way, brake-checking, speeding or otherwise causing the collision through an act of negligence (the failure to act with proper care).
Someone else’s dashcam may have also caught the entire crash on tape from a different angle, showcasing where both drivers were at the time of the collision. This can prove that one of the drivers was in the wrong place at the wrong time due to a violation of a North Carolina traffic law.
Pre-Accident Footage Can Help Establish Negligence
Even if a dashcam didn’t record the actual crash, footage of the drivers leading up to the accident may be useful if the at-fault driver was exhibiting signs of negligence. If in the minutes prior to the collision, a driver was speeding or weaving rapidly between multiple lanes, for example, this could serve as evidence showcasing the driver’s propensity for reckless behaviors.
Dashcams can also provide evidence of dangerous driver habits and non-driving activities (such as using a cell phone or eating/drinking) from within the cab if the vehicle has a two-way camera. This is often the case in trucking accident claims in Wilmington, NC, since truck companies tend to install in-cab cameras for insurance purposes.
If you or a loved one has been hit by a distracted driver, contact our Wilmington distracted driving accident attorneys to discuss your legal options and file a claim today.
Dashcam Footage Can Protect You From North Carolina’s Contributory Negligence Law
North Carolina is one of the last few states in the country that still abides by a contributory negligence law. Under this legal doctrine, just 1 percent of fault for a car accident disqualifies an individual from receiving any financial compensation from another driver’s auto insurance policy.
If the other driver is attempting to blame you for an accident, dashcam footage can provide the evidence you need to dispute the claim and prove who is really at fault. This can protect your financial recovery in a state where you cannot afford to be found at all responsible for a wreck.
For assistance obtaining, preserving or submitting dashcam footage as evidence during your car accident claim in North Carolina, contact the attorneys at Shipman Wright & Moore, LLP. We can provide information about your situation at no cost or obligation to hire us.