In What Ways Can Dashcam Footage Impact the Outcome of Semi-Truck Accident Claims?

In What Ways Can Dashcam Footage Impact the Outcome of Semi-Truck Accident Claims?

According to the CDC, more than one-third of truckers have been in a serious crash at least once in their careers. Dashcams have increased in popularity among commercial drivers as a tool to settle disputes about accident liability and monitor compliance with company rules. Even everyday drivers find dashcams reassuring, especially those who are often on the road or have young drivers in the family. High-quality dashcam footage can clarify an accident like nothing else.

However, a freight company will not be glad to share dashcam footage that does not show their driver in the best light. And if you have your own dashcam, you may have to make the footage available even if it puts you at a disadvantage. Sometimes, key dashcam footage may even come from a driver who was not involved at all.

After an accident with a semi-truck, those who were involved often struggle with legal recovery for their injuries. Freight companies have the resources to use legal tactics to delay, deny, and minimize their liability. Even so, an injured party with an experienced truck accident attorney has an advantage. Attorneys understand how to investigate and seek evidence after semi-truck accidents.

Dashcam Usage and the Law

Every state has slightly different laws on dashboard cameras. They are legal in Georgia, with some restrictions. The law does not allow any non-transparent material to be mounted on the windshield itself, but mounts for stand-alone cameras can qualify if the windshield obstruction is minimal. See O.C.G.A. § 40-8-73. Georgia law requires one party to consent to recording. O.C.G.A. § 16-11-66.

Dashcam footage must be admissible in court to be useful in settlement negotiations or a lawsuit. It must be authenticated—that is, someone must be able to prove that it was recorded at that time and date.

Investigating a Truck Accident

A company may or may not require a dashcam in its trucks, but the trucks are still likely to carry valuable tracking data that can reconstruct the circumstances of the accident. Trucking and freight companies generally use electronic logging devices (ELDs) for regulatory compliance. These track the activities of their commercial motor vehicles (CMVs) to ensure that the drivers are following federal and state rules for rest and maintenance.

Modern CMVs generally have HVEDRs—heavy vehicle event data recorders. These preserve data about the truck’s operations at the time immediately before and after the accident. Like an airliner’s black box, an HVEDR can reveal when and whether a driver tried to take evasive action, whether they were using cruise control, and other crucial details. HVEDR data requires expert interpretation, and an attorney can secure a professional crash investigator to review it when necessary.

Truck accident attorneys understand what kind of evidence a CMV can provide, and they know how to move to preserve that evidence. An accident victim’s attorney can submit formal requests for preservation, also known as spoliation letters, before the body of the CMV can be scrapped or otherwise made mysteriously unavailable. This is another reason that it is best to contact an accident attorney as soon as possible.

If the truck had a dashcam, the attorney’s request will either lead the company to preserve that evidence or create legal trouble when it fails to produce it. Anyone who retains or destroys relevant evidence that was requested for litigation can face the legal presumption that the evidence showed them at fault, as well as possible penalties from the court.

Defense attorneys for the trucking company—or rather, their insurance company—can also request the preservation of relevant dashcam footage from other parties involved in the accident. Even so, your attorney will determine whether the defense’s requests for evidence are overreaching, and they will advise you as to what you must produce.

A witness who was elsewhere on the road may have dashcam or surveillance footage of the collision. An uninvolved party may well have had a much clearer view of the key moments. Your attorney can research this possibility, reach out to witnesses, and work to authenticate that footage.

Finding Liability in Georgia Truck Accidents

Dashcam footage may be a key tool in determining which of the drivers were at fault in the accident and by how much. Under Georgia’s modified comparative negligence law, an injured party who had some responsibility for the accident can often still recover their damages.

However, their damage claim will be reduced by the percentage of fault that the court determines they bore. And if they were 50% at fault or more, they cannot recover at all.

Most road accidents are settled through insurance, not through trials. Insurance adjusters review the evidence and produce a report with a determination of fault by percentage. They have every incentive to favor their client in compiling this report, as insurers always want to avoid a settlement or minimize their payouts. A claimant who retains an attorney to negotiate with the insurer has a much stronger chance of receiving a settlement. It is essential to speak with one quickly, as the law allows two years for filing a lawsuit.

Let Us Help You

Our experienced Georgia truck accident attorneys can investigate your situation and assert your rights. If you have been in a truck or auto accident in Georgia, contact us today at 678-325-3434 to schedule your free initial appointment at our Gwinnett County offices in Peachtree Corners.