In New Mexico truck accident cases, dashcam footage offers powerful objective evidence of what happened. Recorded video of the truck accident and the moments leading up to it can clarify fault, and is admissible if properly preserved. However, it must be high-quality footage that is relevant to the case.
How Can Dashcam Footage Be Used During a New Mexico Truck Accident Case?
Dashcam or dashboard camera footage can be an invaluable source of evidence in a legal dispute that arises after a truck accident in New Mexico. If you need to bring a claim against a truck driver or a trucking company, their insurance provider may try to avoid paying you by blaming you for the accident. If there is dashcam footage available of the crash, this can help you prove fault and win your truck accident case.
Video recorded from a dashboard camera or a camera installed in the cab of the truck can provide an unbiased record of what happened. It can establish liability, or legal responsibility, for a commercial truck accident by showing driver error, such as negligent or reckless behavior behind the wheel. The footage may show the trucker speeding, driving while distracted, running a red light, making a dangerous lane change or otherwise failing to act with proper care.
Dashcam footage provides a real-time recording of driver behaviors and other crucial details, such as road conditions, that can be pivotal in proving fault during your claim. It can corroborate your side of the story and make it easier to achieve a fair settlement for your losses from an insurance provider.
When Can Dashcam Footage Be Admitted as Evidence?
Dashcam footage can only be admitted as evidence during a trucking accident case if it is clear and high-quality. The images in the video must be easily decipherable and filmed from the correct angle. The footage cannot be tampered with or edited in any way. It must be the raw, original footage.
The dashcam footage must also be relevant to the case. It needs to inform an essential element of the case, such as proving fault or damages. It must support what the party is claiming to be true. Since commercial trucking accidents often involve complex issues such as multiple defendants and federal regulations, having relevant video footage can be crucial.
Finally, the footage must not have been obtained illegally. New Mexico has certain laws and regulations regarding the use of in-car cameras. They cannot record audio of people inside the car without their consent, for example. If the dashcam recording is not legal for any reason, it generally cannot be used in the case.
How to Obtain Dashcam Footage
Dashcam and in-cab footage of a truck accident is time-sensitive, as many cameras are set up to automatically delete data after a certain period of time. It is important to act quickly to get copies of relevant footage before the data is deleted or overwritten. You can do this by asking the trucking company or the owner of the camera directly for a copy of the footage. You could also go through the courts.
If necessary, you can formally request copies of the footage with assistance from a semi-truck accident attorney in New Mexico. Your attorney can draw up and deliver a spoliation or preservation letter that requires the defendant to keep all evidence related to the case, including dashcam footage. If the defendant still does not provide the footage voluntarily, the courts can require it as evidence submission during the discovery process.