Home  >  Car Accidents  >  Getting a Head Start on Evidence for a Car Crash

Getting a Head Start on Evidence for a Car Crash

Posted on Tuesday, December 31st, 2019 at 6:31 am    

You could have a car crash at any time. Even if you consider yourself a safe, defensive driver it is impossible to avoid every single accident scenario. The truck driver who is texting someone while attempting to pass you or the drunk who runs a red light straight into your side or the bus driver who has fallen asleep at the wheel. Any one of them could run into you then swear it wasn’t their fault.

Anything you can do to help prove that you were not to blame for an accident will certainly be of value if it comes to claiming compensation. Texas is an at-fault state, so you have every opportunity to press an at-fault driver’s insurer to pay compensation as long as you have proof that their client was to blame for an accident. That proof is often the stumbling block in a personal injury claim. Conventional advice is to be pro-active and obtain as much evidence as you can after the crash at the crash scene. That’s good advice if you aren’t badly injured, but not much use if you are carted off to hospital because of your injuries.

One suggestion is to mount a dash cam on your car. Dash cams have come down in price a lot and you can now purchase and fit cameras that take a recording all around as you drive. If you are involved in a crash, the dash cam could theoretically have saved important footage of the movements of the other vehicle(s) involved immediately before and during the crash.

If you are badly injured and cannot take photographic evidence yourself at the crash scene then dash cam footage might be part of the answer, combined with eye witness statements, a police crash incident report and a car repair yard damage report.

How a dash cam can help provide evidence of negligence

One of the worst scenarios in a car crash is being hit by a driver who speeds off after hitting you without stopping. There are often very good reasons why some drivers do this. They may be in a stolen vehicle. They may be unregistered, uninsured, driving on a suspended license or drunk. Police don’t always respond to hit and run accidents unless here is a clear lead that allows them to find the culprit easily. The dash cam could have recorded important details of the hit and run vehicle, like its license plate, the color and model of the vehicle.

Are dash cams legal in Texas?

Dash cams used to be the sole preserve of police officers and enthusiasts, but are increasingly being used elsewhere. But are they legal? The short answer is that as long as your windshield and side mirrors are not obscured by the dash cam, there is nothing specifically in Texas transportation laws that prohibits the use of dash cams. So, theoretically, sensibly located, they should be able to be used by the prudent driver. The only proviso is that you are supposed to get the permission of anyone who has been photographed by a dash cam if you intend using it. This is a bit of a catch-22, as if your dash cam definitely has incriminating evidence of another driver’s negligent driving, you may have difficulty persuading him / her or even their insurer to be allowed to use it against them! The best advice is to go to your car accident attorney with the evidence you have and discuss what can be done with it.

See a dedicated car crash attorney at Patino Law Firm in McAllen for advice after any type of car crash. You can make a free appointment by calling 956-631-3535.