Authentic Lawyers

Serving the Hardworking Heart of Our Community

How to Use Dash Cam Footage to Prove Liability After a Crash.

Driving through the Uwharrie National Forest or commuting along Highway 220 between Asheboro and Carthage can be scenic, but it also comes with risks. We are familiar with the roads in Moore and Randolph Counties because we grew up here. Long before we were attorneys, we worked blue-collar jobs in these same communities. We understand that when an accident occurs, it isn’t just a legal matter; it is a disruption to your livelihood, your health, and your peace of mind. At Rowland & Yauger, Attorneys & Counselors at Law, we often see how a simple piece of technology can change the outcome of a case: the dash cam.

Digital evidence is becoming a standard for resolving disputes on North Carolina roads. If you are wondering how to use dash cam footage to prove liability after a crash, it is essential to understand how our state’s specific laws treat this evidence.

The Power of Objective Evidence in North Carolina.

North Carolina is one of the few states that still follows the doctrine of pure contributory negligence. Under this rule, if a driver is found even 1% at fault for an accident, they may be completely barred from recovering any financial compensation from the other party. You can find the basis for these civil procedures in the North Carolina General Statutes, Chapter 1.

Because the stakes are so high, insurance companies often look for any reason to shift a small portion of the blame onto you. Dash cam footage provides an objective account that does not rely on memory or hearsay, offering a highly reliable record of events. It captures the exact color of a traffic light, the timing of a turn, or whether a driver used a turn signal.

How Dash Cam Video Influences Liability.

In towns like Carthage or Asheboro, many accidents occur at busy intersections or on two-lane rural roads where there are no witnesses. Footage can prove specific violations of the North Carolina Motor Vehicle Act (Chapter 20).

Proving Right-of-Way Violations.

Let’s say a driver pulls out of a side street and hits you. In this case, they might claim you were speeding or that they had enough time to merge. A dash cam with GPS speed overlays can show your exact speed and the moment the other vehicle entered your path. This helps establish if the other driver violated G.S. 20-155 regarding right-of-way.

Successfully Combating Insurance Fraud.

Staged accidents, such as the “swoop and squat” maneuver, are less common in our rural areas but still occur. Having a camera captures the erratic behavior of the car in front of you, showing that the “accident” was intentional rather than a result of your following distance.

Capturing Distracted or Reckless Driving.

North Carolina law strictly prohibits certain types of reckless driving under G.S. 20-140. Video footage can show a driver swerving, looking down at a phone, or failing to maintain their lane before the impact.

What Steps Should You Take After a Crash?

If you have a dash cam and get into a wreck in Asheboro or Carthage, your immediate actions matter. The way you handle the device can determine if the footage is usable in court or a settlement.

  • Keep the camera running. Do not turn off the device immediately. The moments immediately following the crash, including the other driver’s initial reaction and statements made at the scene, can be critical.
  • Secure the memory card. Many dash cams overwrite old footage once the storage is full. Remove the SD card as soon as it is safe to do so. Place it in a protective case to prevent damage.
  • Mention the footage to the officer. When the North Carolina State Highway Patrol or local police arrive to create an accident report, as required by G.S. 20-166.1, inform them that you have video footage. This ensures that the existence of the evidence is noted on the official record.
  • Do not edit the file. Providing a “clipped” or edited version of the video can lead to claims of evidence tampering. Keep the raw, original file intact for your legal team.
  • Be careful what you share. Avoid posting videos on social media. Insurance adjusters monitor these platforms and might use the footage or your comments against you.

But Can Dash Cam Footage Be Used Against You?

We believe in being straight with our neighbors. Just as a camera can prove the other person was at fault, it can also show if you were speeding or rolling through a stop sign. Because of North Carolina’s contributory negligence laws, if your own video shows you contributed to the accident, it could hurt your claim.

Before you hand over footage to an insurance company, it is wise to have a legal professional review it. Our skilled car accident lawyers will look at the video through the lens of North Carolina law to determine how it impacts the “duty of care” requirements established by our state.

Admissibility In the North Carolina Courts.

For a video to be used as evidence in a North Carolina courtroom, it must meet the requirements of North Carolina’s statutory rules of evidence. The footage must be authenticated, meaning someone must testify that the video accurately represents what happened at the time of the crash.

In our extensive experience, having this footage often leads to a resolution before a trial even begins. When an insurance company sees clear video evidence of its driver’s negligence, it is frequently more willing to settle, as the risk of losing in court may be even greater.

Your Local Partners in Personal Injury.

AtRowland & Yauger, Attorneys & Counselors at Law, we aren’t just your lawyers; we are your neighbors. We know what it means to work hard and take care of your family. Our team has over 25 years of experience in personal injury law, and we have helped more than 60,000 clients navigate their most challenging moments. With over 700 5-star reviews across our offices, we take pride in being accessible and tenacious for the people of Carthage, Asheboro, and the surrounding areas. We understand the uphill battle you face after an injury, and we are committed to walking you through every step of the legal process.

If you have been involved in a wreck and have dash cam footage, or if you need help retrieving evidence from the other driver’s vehicle, please reach out to us. We can help you determine the best legal path forward for you and your family.

Contact our Carthage office at (910) 621-2991 or our Asheboro office at (336) 537 -5547 to schedule a consultation; your family’s future may depend on it.