Can You Use Dashcam Footage As Evidence In Your Oregon Car Accident Suit?

With today’s technology, any time you are in public, you can be sure that there is a camera somewhere nearby. Whether it be store cameras, street cameras, private phones, or dashcams, there’s a good chance you may be recorded when you are out and about. Most of the time, you probably don’t know you are being recorded.

Dashcams, in particular, are not just for police cars. Some businesses use them in their vehicles, and private vehicles may also use them. There are many reasons why a driver may decide to install a dashcam in their vehicle, like safety, security, or evidence-gathering reasons.

If you were in a car accident in Oregon, having more evidence than less can help you build a strong injury claim. Video recordings or even audio recordings can make for some of the most persuasive types of evidence. However, it is essential that if you have a dashcam and are in an accident, you should first have an attorney review it before you share it or do anything related to your accident. An attorney can evaluate your recordings and determine if they will hurt or help your claim, and if they can support your claim, an attorney can advise you on how to best use your recorded content.

For help with a car accident claim, please call an Oregon car accident injury attorney at Rosenbaum Law Group. They can review your case and provide you with legal advice on how to proceed.

Using Dashcam Footage in Oregon

For most car accident injury claims, settlements are agreed to and as a result, they don’t ever make it to court. Despite this, the times when a case does make it all the way to the court, a judge determines the admissibility of evidence in a trial. A judge will rely on Oregon’s Rules of Evidence to make these decisions.

Essentially, if you would like to submit dashcam footage, a judge would evaluate its relevance, whether it violates any privacy laws, and its authenticity. If a judge rules that it can be used, then it could be a valuable aspect in strengthening your case, and that could help you win. The footage you have could more clearly show liability and other details, such as if the other party committed a crime or traffic violation before or after the crash.

A word of caution, though. The dashcam may also pick up on your own traffic violations, wrongdoings, or negligent behavior. In this way, you’d likely not want to use the dashcam footage.

Typically, if you are served a warrant or subpoenaed for the recordings, you are legally required to hand it over. Conversely, without a warrant or subpoena, you would not be legally required to submit your footage, which may motivate you to delete portions that you believe can harm you. This is very risky, and depending on your circumstances, doing so could be considered evidence tampering or spoliation, which can have severe consequences on a personal injury claim.

Speak to an Oregon Car Accident Attorney Today 

Before you do anything with dashcam footage, you should have an attorney review it. Call the experienced Portland personal injury lawyers at the Rosenbaum Law Group today at (503) 288-8000. Initial consultations are complimentary.

Source:

oregonlegislature.gov/bills_laws/ors/ors040.html