How Dashcam Footage Can Strengthen Your Injury Case
When two drivers tell two different stories about a crash, who gets believed? A small camera on your windshield can change that answer. Dashcams record what happened in real time, without memory gaps or second thoughts, and more South Dakota drivers are installing them every year. Here is how footage can help an injury claim and what to do if you have it.
Why Video Carries So Much Weight
After a crash, fault often becomes a contest of memories. Witnesses may have seen only part of what happened, and an insurance company may lean on whichever account fits its interests. Video cuts through that. A clear recording can show who had the green light, whether a driver was speeding or drifting out of a lane, and how the vehicles actually came together. Footage that shows what really happened can make a meaningful difference in how fault is assigned.
What Footage Can Capture
Depending on the camera and its angle, a dashcam recording may show:
- The speed and position of vehicles before impact
- Whether a driver ran a red light, failed to yield, or made an unsafe lane change
- A driver looking at a phone or otherwise distracted, if the camera faces the cabin
- Road, weather, and lighting conditions at the time
- The license plate of a driver who left the scene
- What a driver said or did immediately after the crash
Footage can also help in cases where no one else saw what happened, such as a hit and run on a rural highway.
Protecting and Using Your Footage
Dashcams usually record on a loop, which means older footage is overwritten automatically. After a crash, remove or save the file as soon as possible, make a backup copy, and avoid editing, trimming, or filtering it. Note the date, time, and location. A clean, unaltered file is more persuasive than a clip that raises questions.
Recording laws matter too. Under SDCL 23A-35A-20, South Dakota is a one-party consent state, which generally means a person who is part of a conversation may record it. A camera that captures audio inside your own vehicle will usually involve you as a participant, but the rules can be different if the camera captures conversations you are not part of.
Keep in mind that footage can cut both ways. If it shows you speeding or distracted, that can be used as well, which is why it helps to review it carefully before sharing it with anyone, including your own insurance company.
Reach Out to Us Today
A dashcam recording is only one piece of an injury case, but it can be an important one. Hoy Law represents injured people throughout South Dakota, including Sioux Falls, and our Sioux Falls car accident attorneys can help you understand how your footage and other evidence may fit into your claim. Contact Hoy Law today so we can review what you have.
Source:
sdlegislature.gov/Statutes/23A-35A-20