If you got hurt in a car accident, you might feel confident that you have the evidence necessary to hold the other driver accountable for causing the crash.
But what happens if they want to use dashboard camera footage to pin the blame on you instead?
Is footage from a dash cam used in courts in North Carolina?
Is Dash Cam Footage Admissible in North Carolina Courts?
Dash cam footage can generally be used in North Carolina courts if it meets the usual standards for evidence.
Under North Carolina law, evidence is relevant if it tends to make an important fact more or less likely, and courts generally consider relevant evidence admissible.
However, a court may choose to exclude relevant footage if it’s unfairly prejudicial or misleading. Additionally, dash cam evidence must be authentic and not altered.
Can Dash Cam Footage Be Used Against You in NC Courts?
If the other driver’s attorney can get the court to admit dash cam footage into evidence, they can use it to dispute the defendant’s liability by claiming the footage shows that you caused or contributed to the accident.
For example, they may claim the footage appears to show that you were speeding, distracted, following too closely, or making an unsafe move.
If the defendant is able to convince the court that the footage shows you caused the crash, you’ll likely be barred from recovering compensation under North Carolina law.
How Your Dash Cam Footage Might Be Challenged by Insurance Companies
Insurance companies may take a variety of approaches to challenging dash cam footage, such as the following:
- They may argue the footage is incomplete, lacks audio, uses a distorted angle, or fails to show everything that happened before impact.
- They may question the authenticity of the video or allege it’s been edited.
- Even if the footage is relevant, they may argue that it’s misleading or unfairly prejudicial.
Insurers won’t look at dash cam footage in a vacuum.
They’ll also compare it to police reports, vehicle damage, witness statements, and medical records, looking for anything they can use to dispute their policyholder’s fault or reduce the value of your claim.
Can You Refuse to Provide Dash Cam Footage?
Unfortunately, if the other side requests dash cam footage through the legal process, you may be unable to withhold it.
If the video is relevant, the other side may seek it during the discovery process, and refusing to preserve or produce it can create problems for your claim.
An experienced North Carolina car accident lawyer can help you respond and protect your position.
When to Contact a North Carolina Car Accident Lawyer
If you got hurt in a collision caused by another driver and they’re trying to use dash cam footage against you, you need the support of a knowledgeable and trial-tested car accident lawyer.
At Kreger Brodish LLP, our lawyers understand how state courts treat dash cam footage’s admissibility as court evidence and will fight to preserve your rights under state law.
Contact our office today for a free, no-obligation, fully confidential consultation to discuss your legal rights and options.
