Dash cams are becoming more common among drivers, providing a real-time video record of events on the road. When accidents happen, one of the first questions is, “Can dash cams prove fault in a car accident?” The short answer is yes—dash cam footage can play a significant role in determining fault.
At Smith Jordan Law, we understand the complexities of proving fault in car accidents and how tools like dash cams can make a difference. Below, our Greenville car accident lawyers explore how dash cams and fault intersect, whether you’ve been hit or are defending yourself against blame.
How dash cams help determine fault
Dash cams record what happens on the road, offering unbiased evidence of the events leading up to and during a crash. This footage can help answer critical questions about fault, such as:
- Who had the right of way?
- Did someone run a red light or stop sign?
- Was anyone speeding or driving aggressively?
- Did distracted or reckless driving contribute to the crash?
Dash cams can provide visual evidence to clarify the events surrounding an accident and support claims about what happened.
How dash cams can help when another driver hits you
If another driver caused your accident, dash cam footage could help prove their fault. For example:
- Running a red light: Your dash cam might show that the other driver ran a red light or ignored a stop sign, violating South Carolina traffic laws (South Carolina Code of Laws Section 56-5-970).
- Distracted driving: Footage could capture the other driver swerving or failing to brake, suggesting they were texting or not paying attention.
- Rear-end collisions: Dash cams with rear-facing cameras can show if the other driver was tailgating or failed to maintain a safe following distance.
This evidence can strengthen your case when negotiating with insurance companies or presenting your claim in court.
How dash cams can help when another driver accuses you of hitting them
If you’re accused of causing an accident, dash cam footage can help demonstrate that you weren’t at fault. For example:
- Sudden stops by another driver: If another driver “brake-checked” you, causing a rear-end collision, your dash cam might capture this aggressive driving behavior.
- Erratic driving by another vehicle: Footage might show that another car swerved into your lane, leaving you no time to react.
- Adherence to traffic laws: Your dash cam could prove you were driving within the speed limit or obeying traffic signals, supporting your account of the events.
Limitations of dash cams in proving fault
While dash cams can provide valuable evidence, they have limitations:
- Limited field of view: Dash cams typically capture what’s directly in front of or behind the car, which may not show all aspects of the accident.
- Partial recordings: Some dash cams overwrite older footage or may stop recording before or after the crash.
- Interpretation issues: Even clear footage can sometimes be interpreted differently by insurance adjusters or legal teams.
Additionally, dash cam footage must be admissible in court. It’s important to ensure the footage hasn’t been edited or tampered with, as this could affect its credibility.
South Carolina laws on dash cams and privacy
A dash cam is legal in South Carolina, and footage can be used as evidence in legal proceedings. However, there are some privacy considerations:
- Consent: While recording public roads is generally allowed, recording private conversations inside the car could raise privacy concerns under South Carolina Code of Laws Section 17-30-20.
- Admissibility: Dash cam footage must be relevant, authentic, and unaltered to be admissible in court.
How Smith Jordan Law can help
At Smith Jordan Law, we know how valuable dash cam footage can be in car accident cases. Whether another driver has hit you or are defending yourself against blame, our team can review your footage, gather additional evidence, and build a strong case on your behalf. We understand South Carolina’s traffic laws and how to use available technology to protect your rights and secure fair compensation.
