The Impact of Dashcam Footage in New Jersey Car Accidents

Dashcams are affordable, easy to install and use, and can record and store real-time footage of the road. It’s no wonder they have become increasingly popular among drivers, especially for those who frequently drive as a part of their jobs. Whether you have a dashcam for your work or personal vehicle, and you have been catastrophically injured in a car accident, your dashcam footage could be invaluable for your personal injury case. But is dashcam footage admissible in New Jersey car accident cases? What impact can it have, either positively or negatively?

Does the Law Allow Dashcam Footage to Be Used in Car Accident Cases in New Jersey? 

Yes, New Jersey law allows dashcam footage to be submitted as evidence in most personal injury cases involving car accidents. However, the admissibility of the footage depends on several factors, including the relevance of the footage to the case, the clarity of the recording, and whether it can be proved if the footage has been tampered with or edited in any way. If your dashcam was operating properly at the time of the accident and the footage accurately represents the events leading up to and during the accident, it can generally be used in court. 

What Value Does Dashcam Footage Provide in Car Accident Cases? 

Dashcams can capture a wide range of information that can be valuable in personal injury cases, including: 

• Traffic Violations 
• Road Conditions 
• Behavior of Drivers 
• Impact and Damage 

Depending on what your dashcam has captured before, during, and after the incident, your dashcam footage can provide value in for several reasons: 

• Objective Evidence: recordings are an unbiased account of the accident, which can help clarify how the incident occurred and who was at fault. It is much harder to dispute video evidence than most other types. 
• Testimony Corroboration: recorded footage can support statements made by you and any other witnesses, adding credibility to their accounts. 
• Detailed Documentation: people forget things. They also misremember events, especially when trauma is involved. Dashcams capture details that may be missed, forgotten, or misremembered. The footage can be used to piece together the exact sequence of events, road conditions, behavior of other drivers, etc. 

How Dashcam Footage Can Help You 

There are specific scenarios where dashcam footage can be beneficial for you and your case: 

• Disputed Liability: if there is a disagreement about who caused the accident, your dashcam footage can provide clear evidence of the other driver’s actions to establish fault. 
• Hit-and-Run Incidents: if someone strikes your vehicle and flees, look to your dashcam footage to capture their license plate number and other identifying information. 
• Insurance Claims: recordings can significantly streamline the claims process by providing clear evidence of the accident, which can expedite settlements and negotiations. 
• Lack of Witnesses: if there are no witnesses to your accident, your dashcam footage can serve as the primary piece of evidence to support your version of events. 

Scenarios Where Dashcam Footage May Hurt Your Case

While dashcam footage can be incredibly useful for your case, it’s not always the best idea to use in a personal injury case. Depending on the footage, there are times when it can actually hurt your case. These can include:  

• Incomplete Footage: If the footage only shows part of the incident, it may provide an incomplete picture that can lead to misinterpretations of the events. 
• Self-Incrimination: if the footage shows that you were at fault or partially at fault for the accident, it could be used against you in court or by the insurance company to reduce or deny your claim. 

Privacy Concerns with Dashcam Footage 

There are very few privacy concerns in New Jersey when it comes to dashcam footage. Most footage will be taken in public, where people have little to no expectation of privacy. New Jersey is also a one-party consent state, meaning that only one party to a conversation is required to consent to a recording for it to be legal. 

How Should Dashcam Footage Be Handled After an Accident 

If you are involved in a car accident and have dashcam footage, it should be treated as valuable evidence and handled with care. Make sure to: 

• Preserve the Footage: immediately secure the dashcam footage to prevent it from being overwritten or lost. If it is safe to do so on the scene, retrieve (or ask a first responder to help you retrieve) the dashcam before your vehicle is towed away. If you had to be taken away from the scene in an accident, make sure to retrieve the footage later. Save a copy of the footage to a safe location and keep multiple copies of the files. 
• Contact Law Enforcement: provide a copy of the footage to the police as a part of your accident report. Do not give them the only copy of the footage.  
• Notify Your Insurance Company: inform your insurance company about the existence of the footage and provide them with a copy if requested. This can assist in the claims process. 
• Avoid Sharing it Publicly: do not post the footage on social media or share with anyone not involved in the case. Publicly sharing the footage could affect the legal process or cause it to be used against you. 

Consult a Car Accident Lawyer 

Get in touch with a New Jersey car accident attorney and share the footage with them. At Eichen Crutchlow Zaslow, we can review the footage and determine how it can be used to support your case. We’ll advise you on the best course of action and help you preserve the footage so it can be used in your case. 

If you have been catastrophically injured in a car accident and have dashcam footage, contact our experienced team today. We are here to help you every step of the way and can provide you with a free case evaluation.