Can Dashcam Footage Help Prove Who Caused a Car Accident?

After a car accident, establishing who caused the crash can be difficult when the drivers’ accounts conflict. Dashcam footage gives you a record to refer to, and the moments before impact may reveal details that neither driver noticed at the time.

Preserve the recording as soon as you can, before your camera overwrites it. At McNally Gervan LLP, our Ottawa car accident lawyers can review your footage and explain what it may mean for your injury claim.

What Dashcam Footage Can Show About Fault

A clear recording may show which driver entered an intersection against a red light or whether a vehicle crossed into another lane. Those details can help resolve conflicting witness accounts about how the accident happened.

The camera’s view still matters. A forward-facing dash cam records the road ahead but may miss a vehicle approaching from the side, while poor lighting can obscure important details. Wide-angle lenses can also make distances difficult to judge. Video footage alone does not necessarily establish a vehicle’s speed or prove that someone was speeding.

Video evidence can be strong, but it needs context. A recording that captures the impact may leave out an earlier manoeuvre that contributed to the collision.

Is Dashcam Footage Admissible in Ontario?

Dashcam footage can be admitted as evidence in Ontario courts, subject to the applicable evidence rules. The person introducing it must establish that the recording is what they claim it to be. Its integrity also matters.

Preserving the original file helps address questions about how the footage was recorded and handled. Keep a record of when you copied it and who received it. If the camera’s clock was incorrect, document the discrepancy rather than changing the original recording.

An inaccurate timestamp does not necessarily make the footage unusable, but it may need to be explained.

How Insurers and Courts Use Dashcam Evidence

An Ontario insurance company applies the province’s Fault Determination Rules when assessing fault for insurance purposes. Dashcam recordings can help establish the circumstances needed to apply those rules, including vehicle positions and movements. Fault assessments can affect property damage compensation and insurance premiums.

In a personal injury lawsuit, proving negligence and fault involves assessing the recording alongside the other available evidence. Witness statements and photographs of vehicle damage may provide further context. Even clear footage of the collision does not establish the extent of your injuries or the compensation you may recover. Medical records help support those parts of a car accident claim.

The recording may also reveal conduct that works against your case. Have your lawyer review the full dashcam video, including the moments leading up to the collision.

How to Preserve Dashcam Footage After an Accident

Many dashcams record on a loop and overwrite older files. Once it is safe, use the device’s save or lock function, or stop recording according to the manufacturer’s instructions.

To protect the evidence:

• Copy the complete relevant footage, including the lead-up to the crash, and keep a second backup.
• Retain the original memory card without reusing or formatting it.
• Keep the original files unchanged. Use a working copy for review and avoid trimming, enhancing or converting the source files.
• Note any incorrect date or time settings and record who receives a copy.

Get legal advice before posting online or responding to a request from the other driver’s insurer. Your own insurer may have cooperation requirements, and relevant footage may need to be disclosed during legal proceedings even if it harms your case.

Find Out What Your Dashcam Footage Means for Your Claim

Dashcam footage may help establish who caused your collision, but knowing how it fits into your injury claim takes a closer look. The recording could support your account or reveal gaps that require further evidence. Getting legal advice can help you understand its value and your obligations when an insurer requests a copy.

McNally Gervan LLP represents injured people in Ottawa and across Eastern Ontario. Our lawyers can review your footage and explain your options for pursuing compensation based on your injuries and losses. Contact McNally Gervan LLP to arrange a consultation and discuss how your recording may support your claim.