Can an Attorney Obtain Dash Cam Footage From the Other Driver?
After being involved in a car accident because of another driver’s negligence, you can file a personal injury claim against the other driver and seek justice and compensation. In a personal injury claim, evidence can be vital in determining liability. One of the types of evidence you can use to establish liability is dashcam footage. Dash cams continuously record the view through the front windshield or, at times, rear or other windows. These cameras capture accidents and can, therefore, clarify the events leading up to your accident.
You may not have a dashboard camera in your vehicle, or your camera may not have captured the accident, or you may want to show how your accident happened from a different perspective. In such a case, it may be necessary to obtain dash cam footage from the other driver. But can your attorney obtain dash cam footage from the other driver? Simply put, yes, your attorney can obtain dash cam footage of your accident from the other driver. However, obtaining this footage may not be straightforward. Thankfully, it may not be necessary to obtain dash cam footage from the other driver. Your attorney may be able to validate your personal injury claim with other evidence.
Obtaining Dash Cam Footage From the Other Driver
You should inform your lawyer immediately if your vehicle has a dash cam. This footage can help you establish negligence on the other driver’s part and secure the compensation you deserve. If you don’t have a dash cam, your camera didn’t capture your collision, or if you want to show how your accident occurred from the other driver’s perspective, your lawyer can help you obtain dash cam footage from the other driver. Obtaining this footage requires the cooperation of the other driver or the use of legal procedures.
The other driver will likely be unwilling to hand over their dash cam footage. In such a case, your attorney will need to formally request the footage. Usually, this involves issuing a subpoena or discovery request. A subpoena is a legal document that compels the other party to produce the requested materials. In this case, a subpoena will compel the other driver to produce the dash cam footage. On the other hand, a discovery request is a formal legal procedure used in a personal injury lawsuit to collect information and information from the other side. The discovery process allows the defense and claimant sides to request and obtain information and evidence from one another.
If the police responded to your accident, they may have obtained dash cam footage from the other driver as part of their investigation. Your lawyer can help you get the footage from the police.
The good news is that even if you are unable to obtain dash cam footage from the other driver, it is still possible to validate your case using other evidence, including;
- Witness statements
- The police report
- Medical records
- Photos and videos taken at the accident scene
- Expert testimony
Contact Us for Legal Help
Our West Palm Beach personal injury attorneys at The Pendas Law Firm can help you gather the relevant evidence for your case. We can help you build a strong case. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Fort Myers, Miami, Ocala, Orlando, Bradenton, Daytona Beach, Tampa, Jacksonville, Naples, and Melbourne areas.
