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After a car accident, drivers often have very different versions of what happened. One driver says the light was green. The other says it was red. Someone claims they stayed in their lane, while the other driver says they suddenly merged. A driver may even admit fault at the scene and tell a completely different story after speaking with an insurance company.
A dash camera can sometimes cut through those competing stories.
Dash cams have become increasingly common in Georgia. These small cameras can continuously record the roadway while a vehicle is being driven. If an accident occurs, the resulting video may provide valuable evidence about how the collision happened.
At Kevin Patrick Law, we believe evidence matters. Photographs, witness statements, police reports, vehicle damage, electronic data, and video footage can all play a role in investigating a Georgia car accident claim.
Here are some important things Georgia drivers should know about dash cams and personal injury cases.
The most obvious benefit of a dash cam is its ability to record a collision as it happens.
Depending on the camera’s position and field of view, footage might show:
This information can be particularly important when liability is disputed.
Consider an intersection accident. Driver A says Driver B ran the red light. Driver B says exactly the opposite. Without independent witnesses or other evidence, the insurance company may argue that it cannot determine who caused the collision.
Dash-cam footage showing the traffic signal could significantly change that investigation.
People do not always give consistent accounts after an accident.
Sometimes this is innocent. A serious collision happens quickly, and a driver may genuinely remember certain details incorrectly.
Other times, however, a driver’s story may change once an insurance claim begins.
For example, another driver might initially say:
“I’m sorry. I didn’t see you.”
Later, that driver’s insurance company may contend that its insured did nothing wrong.
Video evidence can provide an objective piece of the overall evidentiary picture.
It does not necessarily prove every issue in a case, but it can help attorneys, insurance adjusters, experts, judges, and jurors evaluate competing accounts of how a collision occurred.
Many automobile accident cases involve alleged violations of Georgia’s rules of the road.
For example, O.C.G.A. § 40-6-49 generally prohibits a driver from following another vehicle more closely than is reasonable and prudent considering vehicle speed, traffic, and highway conditions.
Dash-cam footage may help establish how traffic was moving immediately before a rear-end collision.
Likewise, O.C.G.A. § 40-6-123 addresses turning movements, lane changes, and signals. Among other things, Georgia law provides that a driver should not change lanes or move right or left on a roadway unless the movement can be made with reasonable safety, and it requires appropriate signaling under specified circumstances.
A dash cam could potentially show a vehicle suddenly entering another lane or making another unsafe movement.
The significance of any traffic violation depends on the particular facts and legal issues involved in the case.
Determining fault is particularly important in Georgia because Georgia uses a modified comparative-fault system.
Under O.C.G.A. § 51-12-33, a plaintiff’s damages can be reduced according to the percentage of fault attributed to the plaintiff. Georgia law also provides that a plaintiff who is 50% or more responsible cannot recover damages under that framework.
That makes evidence about exactly how a collision occurred especially important.
Suppose an insurance company accepts that its driver contributed to an accident but argues that the injured driver was also speeding, following too closely, distracted, or otherwise partially responsible.
Dash-cam footage may help support—or undermine—those allegations.
That last point is important: dash-cam footage is evidence, not automatically good evidence for the person who owns the camera.
A dash camera does not choose sides.
If the footage shows that you were speeding, driving aggressively, looking at a phone, making an unsafe lane change, or engaging in some other questionable conduct, that footage could potentially become important to the opposing side.
Audio can also matter.
Some dash cams record sound inside the vehicle. Depending on the circumstances, the recording could capture statements made immediately before or after an accident.
This is one reason an attorney should evaluate the actual footage rather than assuming that simply having a dash cam automatically strengthens a claim.
Potentially, yes.
But simply having a video does not necessarily mean that it will automatically be admitted into evidence at trial.
Georgia’s Evidence Code contains rules regarding authentication. Under O.C.G.A. § 24-9-901, evidence offered at trial generally must be supported by sufficient evidence to allow a finding that it is what the person offering it claims it to be. The statute provides several examples of authentication methods, including testimony from a witness with knowledge and evidence concerning a process or system that produces an accurate result.
The precise foundation necessary for a particular recording will depend upon the circumstances.
For a personal injury attorney, obtaining the original video file can therefore be much more useful than simply receiving a short clip that has been texted, compressed, edited, or uploaded to social media.
One of the biggest issues with dash cams is that recordings can disappear.
Many cameras continuously record and overwrite older footage once their memory card becomes full. That means potentially valuable accident footage may eventually be erased if it is not preserved.
After an accident, consider taking steps to preserve the recording promptly.
Rather than editing the video down to the few seconds showing impact, it may be helpful to preserve the original file and a longer period before and after the collision.
The minutes before impact can provide important context. They may show:
The footage immediately after the accident may also contain useful evidence.
Preserving the original recording and its associated information can become particularly important if authenticity is later challenged.
After an accident, people naturally want to show friends and family what happened.
Posting dash-cam footage publicly, however, may create unnecessary complications.
A short video clip can be interpreted differently depending on the context. A clip posted without the minutes leading up to the accident may not tell the entire story. Public posts can also alert insurance companies and opposing parties to evidence before your attorney has had an opportunity to evaluate it.
As a general practical matter, preserving evidence and discussing it with your attorney may be wiser than immediately posting accident footage online.
Your own vehicle is not the only possible source of video evidence.
The other driver may have a dash cam. A witness may have one. Commercial trucks and company vehicles may have onboard camera systems. Nearby businesses, residences, traffic systems, and other sources may also have captured portions of an accident.
The problem is that video evidence may not be kept indefinitely.
That is why investigating potential video evidence soon after a serious accident can be important. Depending on the circumstances, an attorney may take steps to identify and request preservation of relevant evidence before it is routinely deleted or overwritten.
Even excellent dash-cam footage rarely answers every question in a personal injury case.
An investigation may also involve:
A video might establish how the collision occurred, for example, but it does not establish the full nature and extent of someone’s injuries.
Liability and damages remain separate issues that must be supported by appropriate evidence.
If your dash cam recorded a Georgia car accident, consider preserving the footage as soon as possible.
Keep the original file. Avoid altering, trimming, filtering, or otherwise modifying it.
Save a backup. Dash cameras may overwrite older footage.
Preserve more than the impact. The period before and after the crash may be important.
Be careful about social media. Posting footage publicly may have unintended consequences.
Tell your attorney about the footage. An attorney can evaluate how the recording fits with the other evidence in the case.
Most importantly, do not assume that a video tells the entire story. It should be considered together with all of the other available evidence.
Car accident cases sometimes become battles over competing versions of events.
A dash cam can provide something different: a contemporaneous recording of what happened.
In the right case, a few seconds of video may help establish the position of the vehicles, the color of a traffic signal, an unsafe lane change, or another important fact. In other cases, dash-cam footage may be incomplete or raise additional questions.
Either way, video evidence should be identified, preserved, and evaluated carefully.
At Kevin Patrick Law, we represent people injured in car accidents throughout Georgia. We investigate the available evidence and work to understand not only what happened, but how the evidence can establish responsibility and the damages caused by the collision.
If you have been injured in a Georgia car accident and have dash-cam footage—or believe another vehicle or business may have captured the crash—consider speaking with an attorney promptly about preserving that evidence.
This article is for general informational purposes only and is not legal advice. Every case is different, and the outcome of a particular matter depends on its individual facts and applicable law.
Potentially. The recording must satisfy applicable evidentiary requirements if it is offered at trial, including authentication requirements. O.C.G.A. § 24-9-901 addresses authentication and identification of evidence.
Consider speaking with your attorney before providing evidence or statements to an insurance company. The footage should first be preserved in its original form and evaluated in the context of the entire accident.
That does not necessarily resolve the entire case. Georgia’s comparative-fault rules can make the allocation of responsibility important, and the legal effect depends upon all of the evidence and circumstances.
Generally, preserving the complete original recording is preferable. Footage from before and after the impact may provide important context.
The existence of potentially relevant footage should be investigated promptly because digital recordings may be overwritten or deleted.
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