Is Dash Cam Footage Used in Trial?
By Author David Weissman
These days, it seems like cameras are watching you everywhere you go. With the advancement of technology, motorists commonly install dash cams that attach to the windshields of their vehicles, filming what is happening outside the vehicle. Depending on the type of dashcam, you may be able to record the exterior road as well as the interior of your car.
If you are in an accident, this footage may be invaluable. Although dash cam footage can be used in trials in Tennessee, it must be relevant. Although getting hold of dashcam footage can be difficult, you will need the assistance of the Tennessee car accident lawyers at Raybin & Weissman, P.C.
How Does a Dash Cam Work?
A dash cam is mounted to your windshield, continuously recording footage when your vehicle is on. It stops recording when you turn your vehicle off. If the dash cam is wired to your vehicle, it may record footage if it detects that your vehicle has been in a collision, typically “looping” to record over older footage. More advanced dash cams even have GPS monitoring that senses your speed and can track your location.
Using Dash Cam Footage at Trial
In Tennessee, most dashcam footage is permissible at trial. If you believe the other party has dash cam footage, you can request that this footage be shared during discovery. Discovery is the formal process by which two parties share information related to a case.
There are typically four main types of discovery: interrogatories (written questions), depositions (out-of-court testimony), requests for admission (written questions that one party must admit or deny), and requests for production (requests for electronically stored information or documents). Dashcam footage or any video surveillance would be discoverable through a request for production.
According to Tennessee Rules of Court Rule 26.02, any relevant evidence can be requested during discovery. However, there are exceptions to this rule, including information protected by the client-attorney relationship and electronically stored evidence if it would be too costly to produce.
Guidance from Experienced Counsel
Car accident victims are often entitled to compensation for financial and non-financial hardship. These are known as economic and noneconomic damages. Economic damages may include:
- Lost wages
- Emergency room care
- Medical imaging and laboratory testing
- Surgeries and treatments
- Home modifications
In contrast, noneconomic damages are nontangible losses that impact your mental or emotional well-being. These may include:
- Pain and suffering
- Mental anguish
- Post-traumatic stress disorder (PTSD)
- Loss of companionship and society
- Paralysis
At Raybin & Weissman, P.C., we understand that your injuries affect more than your physical health. If you have been injured in a collision, you may be unable to return to work, instead being consumed by an endless stack of medical expenses. It is difficult to heal if you are worried about paying your mortgage, gas bill, or your child’s school tuition. If another’s carelessness caused your injuries, our Tennessee car accident attorneys believe the responsible party should pay for their actions.
Tennessee Car Accident Attorneys Preserving for You
In the aftermath of a car accident, you may not realize the full extent of your damages. That is why you must speak with our Tennessee car accident lawyers to discern the compensation that is due to you. To learn more or arrange your free, no-risk consultation, contact us online or by phone.