Jill Kolodner | June 20, 2024 | Car Accidents
If you were involved in a traffic crash in Baltimore, you could receive compensation for your injuries and damages. However, Maryland is an at-fault state for car accidents. Therefore, you must prove the elements of negligence to establish liability for your damages. If available, you might use dashcam footage as part of your evidence.
How Do I Prove a Car Accident Claim in Maryland?
Most car accident cases are based on negligence.
You must have evidence to prove the following legal elements:
- The other driver had a legal duty of care when operating a motor vehicle
- The other driver breached the duty of care by failing to act reasonably while driving their vehicle
- The breach of duty proximately and directly caused the car accident
- You were injured and incurred damages because of the crash
The evidence used to prove your claim depends on the facts of the case and other circumstances.
What Evidence Can I Use to Prove Fault in a Car Accident Case?
Examples of evidence in a car accident claim include:
- Physical evidence from the accident scene
- Statements made by the drivers and passengers
- Videos of the collision
- Eyewitness testimony
- Opinions and reports from accident reconstructionists and other expert witnesses
- Photographs of the accident scene
- Data collected from vehicle systems or black boxes
Videos can provide strong evidence of how the collision occurred. Traffic cameras and nearby surveillance cameras might capture the accident. However, a driver’s dash cam could also provide valuable evidence for a personal injury case.
How Can Dash Cam Video Be Helpful in a Maryland Car Accident Case?
A dashboard-mounted video camera (i.e., dash cam) can record what happens outside the vehicle, including what occurs seconds before a collision. Depending on the location of the dash cam, it can capture evidence that helps prove the cause of a car accident.
Dash cams are legal in Maryland, but drivers should be familiar with the applicable laws before using one in their vehicle. Violating state law for electronic surveillance and wiretapping could result in criminal charges and civil liability.
The dash cam video could be useful in a car accident case in several ways, provided you use the dash cam responsibly. Those ways include:
Capturing Hit-and-Run Accidents
Even if a driver flees the scene of an accident, you may receive compensation for your damages from your uninsured motorist insurance coverage. However, you must prove to your insurance company that the accident was not your fault and was caused by a hit-and-run driver.
A hit-and-run caught on dashcam can help prove that you did not cause the incident. With your evidence, you can file a claim with your insurance provider.
Verifying Your Version of Events
The at-fault driver might claim that you caused the accident. For example, suppose a driver cut you off when you had the right of way. Their failure to yield was the reason for the car crash.
However, the other driver claims you failed to yield the right of way. Your dash cam video may prove that you had the right of way and that the other driver caused the crash. The dash cam provides unbiased, factual evidence of what happened.
Can Your Dash Cam Hurt Your Car Accident Case in Maryland?
A dash cam might not help your car accident claim if it did not capture a clear video of what happened. It may not record the specific circumstances that caused the crash, or the video could be blurry or grainy, which may not be helpful.
In some cases, dash cam video could prove that the accident victim contributed to the cause of the crash. If so, Maryland’s pure contributory fault law would apply. This law prohibits a victim from receiving damages if they contributed to the cause of the accident. Therefore, if you were the slightest at fault for causing your collision, you cannot recover compensation.
Should I Use My Dash Cam as Evidence in My Car Accident Case?
The best way to protect your rights after a crash is to work with an experienced Maryland car accident lawyer. An attorney will investigate the auto accident to determine how it occurred. They’ll gather evidence proving causation and fault.
An attorney can review the dashcam footage to determine if it would be helpful as evidence. It is wise to seek legal advice before you speak with an insurance adjuster about your claim. It may not be in your best interest to voluntarily disclose the dashcam video until an attorney completes a thorough car accident investigation.
What Damages Can I Recover if I Prove My Maryland Car Accident Claim?
If you prove your case, you could receive compensation for your economic damages, which include the expenses and financial losses you incurred due to the accident.
Examples of economic damages after a Maryland car accident include:
- Medical bills
- Rehabilitative therapy
- Lost wages
- Property damage
- Reduced earning capacity
- Out-of-pocket expenses
Monetary losses are not always the only damages caused by a crash.
Examples of non-economic damages in a car accident case include:
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Mental anguish and emotional distress
- Impairments and disabilities
- Diminished quality of life
- Physical pain
The value of your damages depends on the facts of your case. Your injuries are a significant factor in how much your case is worth, as is the strength of your evidence. Therefore, dash cam video could improve your chance of receiving the maximum value of your damages.
An Experienced Personal Injury Lawyer Can Help You Prove Your Car Accident Case in Baltimore, MD
If you have questions after a car accident, talk with a Baltimore personal injury lawyer during a free consultation. You do not have to fight the insurance company on your own. Speaking with a lawyer is the best way to protect your interests.
Contact the Baltimore Car Accident Law Firm of WGK Personal Injury Lawyers Today For Help
For more information contact the Baltimore car accident law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080
