Installing a dashcam can feel like hiring a personal bodyguard for your commute. That small lens captures the road and can be invaluable in cases of a collision or other incident. However, these cameras can be a double-edged sword. While footage may prove your innocence after a collision, the data can quickly become a liability if the details do not align with your version of the story.
The camera sees more than you might think
In Kentucky, evidence like dashcam video is often subject to discovery during a legal dispute. This means if you are involved in a crash and a claim becomes a lawsuit, the other side can often obtain relevant dashcam footage through discovery. If the video shows you were speeding or failing to signal before the impact, it could reduce your ability to recover money.
Kentucky follows a pure comparative fault model, meaning the courts will reduce any award you might receive in proportion to your percentage of fault.
Your voice matters more than you think
Many drivers forget their dashcam may also be a microphone. Audio can capture split-second reactions that undermine your insurance claim or legal position. Consider how the following sounds might impact a case:
- Admissions of fault made in the heat of the moment like “I didn’t see him”
- The sound of a text message notification or a phone conversation
- Heavy breathing or loud music that suggests a lack of focus on the road
These small details can be used to argue that you were distracted or aware of your own mistakes.
Making technology work for you
To ensure your dashcam remains a helpful tool, be sure you review your settings, like whether it records audio, and ensure the internal clock is accurate, as a wrong date can make the footage difficult to use in court. If you’re in a crash, save the original file and don’t edit it; talk to an attorney about preservation.
Filing a lawsuit after a crash can require a balance of technology and awareness. Use your camera as a tool for clarity, but work with your lawyer to determine how and if to use recordings. Whether you have a dashcam or not, it’s important to understand that every piece of evidence in car crash claims can warrant scrutiny and challenge.