The Role of Dashcam Footage in San Antonio Car Accident Cases

Car accidents on busy San Antonio roads like I-10 or I-35 can be chaotic and confusing. In the moments after a crash, it’s often challenging to determine precisely what happened and who was at fault. While police reports and witness testimony are crucial, a new and powerful form of evidence has become a game-changer: dashcam footage. 

For anyone involved in a San Antonio car accident, a dashcam recording can provide an objective, real-time account of the collision. It can be the key to proving negligence and getting the compensation you deserve. Our all-female personal injury lawyers are dedicated to helping those who have been injured through no fault of their own and 

Why Dashcam Footage Is So Powerful 

In Texas, personal injury cases are based on negligence. State laws dictate that to recover compensation, you must prove that the other driver failed to use reasonable care and that their failure directly caused your injuries. Often in these situations, it becomes a “he said, she said” situation, especially when there are no witnesses.

Dashcam footage provides an impartial, unbiased record of the accident. It removes the guesswork and can show precisely how a collision happened, who ran a red light, who was speeding, or who changed lanes improperly. A jury, judge, or insurance adjuster cannot argue with a video.

How Dashcam Footage Can Help Your Claim 

Dashcam footage can be used as evidence to prove key elements of a personal injury claim under Texas law.

• Establishing Fault: Establishing fault is the most direct benefit of dashcam video. A video can show that the other driver was texting, ran a stop sign, or was driving recklessly, which proves they breached their duty of care. 
• Disproving a False Narrative: The at-fault driver or their insurance company may try to blame you for the accident. Dashcam footage can act as a powerful counter-argument, proving your actions were correct and that the accident was not your fault
• Documenting Injuries: The footage can capture the force of the impact, which medical experts can use to support the severity of your injuries. The footage can prove to be the causal link between the crash and the injuries you sustained

Legal Rules for Using Dashcam Footage in Texas 

The Texas Rules of Evidence govern the use of dashcam footage in a Texas personal injury case. Generally, the footage is admissible as evidence if it is authentic and relevant.

Authentication

To authenticate the footage, a witness must testify that the recording is a true and accurate depiction of the event. An acceptable witness is usually the person who owns the dashcam or downloaded the footage. The law also requires that the video not be altered or edited

Relevance

The footage must be relevant to the case, but it is rarely an issue in a car accident claim, as a video of the crash is directly related to a material fact.

The law does not require you to have told anyone that you were recording. As long as you were on a public road, you have no expectation of privacy.

The San Antonio Police Department and Dashcam Footage 

In San Antonio, many police vehicles are equipped with dashcams. After a crash, you should request a copy of the police report. The report will state whether the police had dashcam footage of the incident. You or your attorney can then request a copy of this footage as part of the discovery process.

Texas’s Modified Comparative Negligence and Dashcams 

In Texas, the modified comparative negligence law states that you can recover compensation as long as your share of the fault is 50% or less. If a jury finds you were more than 50% responsible, you get nothing. If they find you were 25% at fault, for example, your total compensation is reduced by 25%.

This is where dashcam footage is invaluable. The footage can provide an objective account of what happened, making it much harder for the other side to argue that you were partially to blame. It helps a jury get a clear picture of the incident and assign fault accurately, which is a significant benefit to your claim.

What to Do with Dashcam Footage After a Crash 

If you have dashcam footage from a San Antonio car accident, follow these steps:

• Save the Footage Immediately: Most dashcams loop and record over old footage. As soon as you are safe, remove the memory card or save the file to prevent it from being overwritten

• Do Not Edit the Footage: Do not trim, edit, or alter the video in any way. Any editing could make it inadmissible as evidence.
• Do Not Post it Online: Do not post the footage on social media. It could make the footage difficult to use in court and may be used by the other side’s attorneys
• Give it to Your Attorney: Give the footage to your attorney as soon as possible. They will ensure it is adequately preserved and used as evidence to build your case

Our Experienced and Dedicated Representation

Navigating the complexities of a personal injury claim in Texas can be challenging. We understand the physical, emotional, and financial toll an injury can take on you and your family. We are a bilingual, all-female personal injury law firm dedicated to helping you receive the fair compensation you deserve.

When you meet with us, your case isn’t handled by legal assistants. You meet with our experienced attorneys who make each case personal. Our dedicated legal team is committed to fighting for the rights of those who have been injured through no fault of their own. We offer free consultations, and you don’t pay unless we win.

If you have been injured in a car accident in San Antonio, Texas, and have dashcam footage or need help proving fault, please contact Pelaez Law Firm, Crash Angels, today at 210-801-9314.