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Using Dash Cams as Evidence to Prove Negligence

Published on May 20, 2019 at 11:56 pm in Truck Accidents.

Imagine you find yourself in an accident; one of the best pieces of evidence you can give to an Albuquerque and Texas trucking accident lawyer is dashboard camera, or dash cam, video. It’s a terrifying and terrible thought to picture yourself in such a dangerous situation, but it, unfortunately, can happen at any time. To add to the stress of being in an accident, it is an uphill battle to demonstrate that you weren’t at fault. Having video evidence gets you miles closer to proving your innocence.

Unfortunately, the driver must prove negligence on the part of the driver and trucking company. In the midst of confusion and anxiety following an accident, the difficulty of following an order of operations increases exponentially. First instincts dictate checking that all parties are unharmed, or attended to if any injury occurred. A police report will follow and is the first step and piece of evidence used in your case. While witnesses and their statements, as well as photographs of the incident, can be helpful, definitive video proof of careless, reckless, or dangerous operation on the part of the truck drives home your claim in your journey to seek damages. A Texas trucking accident lawyer will be able to help you more if you have dash cam video to corroborate your claim.

Some may question the legality of using a dash cam as evidence in a trucking accident, as wiretapping and consent laws are the first concerns to arise. Thankfully, our attorneys at Buckingham & Barrera know the rules of the road; it is absolutely and unequivocally legal to record your daily driving activities as there are no laws restricting recording in public places, public streets and highways included. With this in mind, we highly recommend investing in a dash cam, appropriately placed to not distract your driving, or obstruct your view, to monitor your travels in the woeful event that an accident with a truck occurs.

It is possible that the truck driver has a dash cam as well; however, there is no regulation requiring trucking companies to install dash cams in their trucks. More truck drivers are taking it upon themselves to install cameras to record their perspective of the road, or recording themselves as they drive to disprove any instances of distraction or fatigue, but there is no guarantee it exists, nor would you likely consider it in the aftermath of an accident. You should not rely on or hope that the truck driver has a camera to submit as evidence to the officer or a trucking accident lawyer; the best course of action is to protect yourself with video evidence before you find yourself in a my-word-against-your-word argument in search for a settlement.

We cannot prevent accidents from happening, but we can assist you through the endeavor of seeking damages for your innocence in an accident. If you find yourself in the regrettable event of an accident in the U.S. southwest, look first towards working with Buckingham & Barerra as your Albuquerque and Texas trucking accident lawyer so that we can assist you in receiving your due and proper financial settlement. Fitting your car with a dash cam to record your daily driving activities is our first piece of advice to ensuring your victory in proving your innocence as we can use the evidence to mitigate any arguments against negligent driving on the part of the trucking company. Call us today for more information regarding your Albuquerque and Texas truck driving accident.

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