With the advancements in vehicle automotive technology, car dash cams have become increasingly sophisticated with high-definition video, wide-angle lenses, and GPS and Wi-Fi connectivity options. Colorado personal injury attorneys and insurance companies alike rely on the real-time video captured by these cameras to understand the dynamics of a car accident and determine who is ultimately liable to pay for the damages.

Is Dash Cam Footage Permissible Evidence in Colorado Car Accident Claims?

For dash cam accident footage to be admissible in a Colorado court, it must meet several criteria:

Relevance

The dash cam footage evidence in crashes must be directly relevant to the case, demonstrating the negligent actions of the driver or circumstances surrounding the accident.

Authenticity

Your lawyer must prove that the footage is genuine and has not been tampered with. This often involves obtaining testimony from the person responsible for maintaining the dashcam or an expert who can verify its authenticity.

Chain of Custody

Maintaining a transparent chain of custody is essential. From the moment the dash cam footage crashes are obtained, every individual who handles it must document it to ensure that it remains unaltered.

Compliance with Rules of Evidence

Dash cam car accident footage must comply with Colorado’s rules of evidence. This includes ensuring that the footage is not overly prejudicial or misleading and that it provides a clear and accurate representation of the events.

Steps to Preserve Your Dash Cam Footage After an Accident

Here is what you should do, preferably with the guidance of your Colorado car accident lawyer:

  • Following the auto accident, secure the dash cam and its data. Do not allow anyone to edit, alter, or tamper with it.
  • If you need to copy the video, do so carefully. Note the date and time when you did this, as well as the device you used to make the copy.
  • Store the original footage in a safe place. Make backup copies, but ensure they are exact duplicates of the original.
  • Keep a log of each time the footage is handled. This should include when it is accessed/transferred and by whom (your lawyer, the insurance company, or the court).

Information that a Dash Cam Can Capture

Most cameras record video and audio footage of the vehicle’s surroundings while driving only, but some also capture it when parked. There are many different models available on the market. Still, as dash cam accident lawyers who use this footage to negotiate for the highest possible settlement for our clients, we always recommend getting a camera that:

  • Stays on even when the engine is off.
  • Has rear cameras that are either attached to the rear window or mounted on the license plate to capture footage from the back.
  • Starts recording automatically when the vehicle’s ignition is turned on or when it detects motion or an impact.
  • Allows you to download footage directly to a smartphone/computer without needing to remove the SD card.
  • Offers cloud storage options to upload the footage to a secure server (this becomes a critical backup for dash cam footage crashes that result in the device being destroyed or stolen).

As a driver in Colorado, consider your in-vehicle camera as your first line of defense in accident documentation. These cameras record continuous footage of what happens before, during, and after an accident and, thus, provide 100% unbiased evidence of the circumstances leading up to the collision, such as the behavior of the other driver, road conditions, and traffic signals. It is concrete evidence that supports your version of events during settlement negotiations or in court – it protects you from false accusations or attempts to shift blame onto you.

The following timestamped data logged by the cameras is considered the most crucial evidence to strengthen your personal injury claim:

  • Precise date and time of the accident
  • Location of the accident (GPS coordinates, street names, landmarks)
  • The position and movement of all vehicles involved
  • Uninterrupted video coverage of moments before, during, and following the collision
  • Video of traffic lights, stop signs, and speed limit signs
  • Proof of adherence to or violation of traffic signals by any involved parties
  • Road conditions (wet pavement, ice, debris) and weather conditions at the time (any rain, snow, fog)
  • Actions of the other driver (speeding, distracted driving, sudden lane changes, running a red light, tailgating or failure to signal)
  • Presence or absence of pedestrians or bystanders
  • The severity of the collision (i.e., the force of impact and the resulting damage)
  • The exact point of impact on the vehicles
  • The make, model, color, and license plate number of the other vehicle(s)
  • Interaction with law enforcement officers at the scene

How Your Colorado Car Accident Attorney Lawyer Will Preserve Dash Cam Footage

Digital Preservation Techniques

Secure Storage: Once obtained, your lawyer will ensure that the footage is stored securely. This typically involves making multiple copies and storing them in safe, tamper-proof digital locations.

Metadata Preservation: Preserving the metadata (data about the data) of the dashcam footage is crucial. Metadata includes information such as the date, time, and GPS location, which can further corroborate the events captured in the footage.

Forensic Experts: Engaging forensic experts to handle and analyze the footage ensures its integrity. These experts can testify in court about the methods used to preserve the footage and confirm its authenticity.

Analyzing Dash Cam Footage to Prove Liability of the Negligent Motorist

Your Colorado car crash lawyer and their team of investigators may work with accident reconstruction experts to analyze the dashcam data to determine how the accident occurred. An accident reconstructionist is a specialist who uses scientific methods to determine how an accident occurred. When analyzing dashcam footage, their role can be pivotal in proving negligence.

Accident Reconstruction

Scene Analysis: The reconstructionist will analyze the footage to understand the accident scene, including road conditions, traffic signals, the driver’s actions, and the positions and movements of the vehicles involved.

Corroborating Evidence: The dash cam footage will be cross-referenced with other evidence, such as skid marks, vehicle damage, and witness statements, to create a comprehensive picture of the accident.

Technical Analysis

Frame-by-Frame Analysis: Reconstructionists will often perform a frame-by-frame analysis of the footage to capture minute details that may not be apparent in real-time viewing. This can include identifying the exact moment of impact and the sequence of events leading up to it.

3D Modeling: Advanced software allows reconstructionists to create 3D models of the accident scene based on the dash cam footage. These models can be used in court to demonstrate visually how the accident occurred.

Speed and Distance Calculations: By analyzing the footage, experts can calculate the speeds and distances of the vehicles involved. This technical analysis can be critical in demonstrating that the negligent driver was traveling at an unsafe speed or failed to maintain a safe following distance.

Person installing cam in the car

Dash Cam Makes a Difference When Liability is Disputed in a Car Accident Case in Colorado

Many car accident insurance claims are made complicated by conflicting accounts from both parties. Without explicit evidence, it is difficult for insurers to determine the truth and assign fault accurately. People may have their version of the events that favor their situation, either to avoid liability or to maximize compensation.

In some cases, even when facts are available, their interpretation may be different. For example, one driver might claim they were already in the lane and maintaining it, while the other might argue that the first driver suddenly and unsafely merged into their lane without signaling. Moreover, human memories tend to fade or change in particularly stressful or traumatic situations. Over time, you may forget some details or recall them differently.

Notably, Colorado follows the “modified comparative negligence” laws to calculate compensation in personal injury claims. The amount of financial compensation you can receive for the damages you have incurred is reduced by your percentage of fault in causing that accident. You are eligible for payment from the insurance company (the at-fault driver’s or your own) only if you are less than 50% at fault. If your contribution to the crash is considered to be 50% or more, you cannot claim any financial relief.

Having a dash cam recording will be indisputable proof that shows:

  • You were driving responsibly, and the other driver was negligent
  • You are entirely not at fault or at least less than 50% at fault

This will lower the risk of insurance companies disputing your claim or delaying the settlement process by questioning your statements. Your Colorado car accident lawyer will not only be able to negotiate a fair offer more swiftly, but they will also have strong evidence to gain a favorable verdict if your case goes to trial.

Dash Camera Displaying Family

Choose an Experienced Colorado Car Accident Lawyer to Maximize Your Compensation

If you were injured in a car accident in Colorado, whether or not your vehicle has a dash cam installed, get in touch with our attorneys at Fuller Personal Injury Law. Our experienced car accident attorneys have recovered over $50 million in damages for our clients across Colorado. Get the best legal advice on dashcam crashes by calling our leading car accident attorney in Colorado at (720)-770-3832 or simply contact us online.