Is Dash Cam Footage Accepted as Evidence in Wisconsin Car Accident Cases?
In a car accident case, investigators, attorneys, and the courts in Wisconsin will examine evidence to determine liability for the accident. Determining liability is necessary to determine who pays for the damages from the accident. Typically, evidence will include police reports, witness statements, medical reports, and even footage from highway cameras or security cameras. One piece of evidence that is increasingly being accepted is dash cam footage.
Dash Cams in Wisconsin
Dash cams are common on Wisconsin police vehicles and the footage has been used to provide evidence in different types of cases. Dash cams are also used privately in the state and are legal as long as they are installed according to specific requirements.
Dash cams must:
- Not obstruct the driver’s view.
- Be mounted behind the rearview mirror.
- Not block the area cleared by the windshield wipers.
Dash Cam Evidence
Since they are legal in Wisconsin, courts are usually willing to accept dash cam footage as evidence in car accident cases.
Dash cams can provide valuable information about how an accident happened, bolstering your claim and providing visual evidence that you may have forgotten or been unaware of. They can provide visual evidence of road conditions or obstructions in the road and events leading up to the accident. They can prove that the other driver violated the rules of the road or caused the accident.
The footage may also show what happened during and after the accident. This can be especially helpful in hit-and-run accidents. Dash footage may be able to verify the color, make, model, license plates, and condition of other vehicles involved in the accident.
Any of this information can be used to help support your claim. If you have dash cam footage, inform your attorney immediately so the footage can be retrieved before it is lost or damaged. If the other driver has a dash cam, tell your attorney immediately. Your attorney can make a formal request for this footage early before it has a chance to get “lost”.
How a Car Accident Attorney Can Use Dash Cam Footage
Car accident attorneys use dash cam footage to back up your claims with strong, visual evidence. The dash cam may reveal:
- The posted speed limit and how fast you were driving.
- Your position within the roadway or driving lane.
- From which side your car was hit.
- How vehicles traveling in front of you were handled and affected the accident.
- How the other driver behaved after the accident.
Many cams have audio recordings in addition to video footage. These recordings may provide additional evidence such as the other driver’s verbal comments, state of mind, or behavior after the accident, including threats or apologies related to the accident. This information could also be entered as evidence to support your claim.
Dash Cam Footage May Be Used Against You
Just as footage can be used to support your claim, it can also be used against you. The other driver’s insurance company or attorney may try to get the evidence removed by suggesting the footage was inconclusive or altered. They could also argue that the cam was not installed properly, which could hurt your claim even if the footage is helpful to your case. Finally, it could be argued that the footage does not show the collision, therefore, it should be available as evidence.
Meet with a Wisconsin Car Accident Attorney at Eisenberg Law
It is difficult to manage a car accident claim on your own. The at-fault driver, their insurer, and their attorney will do everything they can to disprove your claim or wear you down with delaying tactics. If you have been injured in a car accident, get help navigating the claims process and even going to court, if necessary, from Eisenberg Law Offices. Our auto accident attorneys will support your case with evidence and advocate for you to receive the compensation you are due.
Learn more about our process and your options during a free consultation. Call 608-200-3698 or email info@eisenberglaw.org to schedule.