Tag Archive for: car accident

dashcam footage in a car accident

How Dashcam Footage Can Impact a Car Accident Case

It’s sometimes difficult to prove the liability of the negligent party following a car accident that resulted in your injuries. A dashcam or dashboard camera can be a helpful tool in establishing fault if you are involved in an auto accident. These tiny cameras can be mounted on the vehicle’s windshield or dashboard to record everything that happens in front of the car. Most dashcams continue recording as long as the vehicle is in gear.

With that said, a few intricate models also record interior video and audio, stream directly on the internet, or show rear-facing video on the rearview mirror. As per Statista, the dashcam industry has grown at a consistent rate over the last 10 years, and millions of dollars worth of dashcam equipment are installed every year in the US.

Potential Impact of Dashcam Footage on Your Case

Advantages of Dashcam Footage

Precisely remembering and describing the events of an accident can often get challenging after a serious accident. You or the other driver may be unable to state the events accurately. In addition, errors may be made in police reports. Dashcams can reveal valuable evidence, such as someone else running a red light, another car cutting you off, or a vehicle refusing to yield the way at an intersection.

Such evidence doesn’t just prove the other driver’s fault but also depicts the precise way in which the law was violated. This makes dashcam footage valuable. A majority of car insurance claims end up as he-said-she-said disputes. You may be able to strengthen your claim with dashcam footage and save a considerable amount of time.

While this footage may not prove to be conclusive evidence of events, it can certainly assist with your claim. Dashcam footage provides strong evidence in car accident claims. The insurance company will take your claim seriously when you submit the footage. They will calculate the potential impact of the recording on a deliberating jury. You may be able to fast-track the compensation process.

Timestamped recording can provide sufficient evidence for the insurer to settle the claim without going to trial. You don’t just fast-track the process, but also save on considerable expenses and legal fees. Taking this into account, you would still need an attorney to negotiate with the insurance company.

Insurers do everything in their power to invalidate such recordings. For instance, the insurance carrier may claim the video is invaluable if the image is grainy because of fog, rain, or other conditions.

You would need to prove to the jury and judge that the recording accurately details the events in question if the case goes to trial. The judge may want to view the footage before the jury sees it. The jury’s determination of liability and damages may get affected favorably if the judge decides to permit the recording.

Risks of Dashcam Footage

It’s critical to understand that dashcam does not take sides. The dashcam footage will display your actions too, which can have a negative impact if you contributed to the accident in some manner. The car insurance company may get a court order for obtaining the recording.

For instance, the dashcam footage may show that you switched lanes multiple times before the other car sideswiped you. An expert may project that the wreck occurred when you were speeding. Dashcam audio may record your drowsiness or tiredness before the accident. Or it may prove that you were listening to loud music and were somehow distracted when the accident took place.

Car insurance companies are always on the lookout for their best interests. They will use the footage against you in whatever way possible. Dashcam footage can make serious dents in your claim if it is deemed that you were at fault for the accident too.

Incidents Captured by Dashcams

No one should be able to dispute the recording if the dashcam clearly captures the events that occurred before, during, and after the accident clearly and with a timestamp. For instance, the dashcam may be able to record the license plate, color, make, and model of the vehicle that hit you. This kind of information is highly valuable in hit-and-run accidents.

A dashcam can record the following information in addition:

  • That your car was keeping straight in the same lane
  • That you were not speeding
  • That you were hit by another car on the right or left
  • That the car traveling ahead of you swerved into your lane

Dashcam recording can show other useful events that may happen following a collision. These are a few things that can help strengthen your claim:

  • The other driver’s hostility
  • The other driver’s apology
  • The other driver’s visibly alcohol or drug impaired behavior

Having a favorable dashcam recording doesn’t automatically help your claim. Insurance companies may still try to short-sell. You should consider speaking with an experienced car accident attorney to maximize your compensation.

Talk to a California Auto Accident Attorney Today

You may be owed compensation if someone else causes the car accident. The legal team at Garmo & Garmo, LLP has helped many victims like you. Our first try is to negotiate with the insurance company so that you get the compensation you deserve without having to go to trial. Schedule your free case review with our lawyers today. Call us at 619-897-2144 or contact us online.

 

defective tires cause accidents

How Defective Tires Can Cause Auto Accidents

Defective tires are one of the major reasons for automobile accidents. Most drivers overlook the importance of periodically checking car tires. This essential component of a car can have a major impact on overall driving safety. Faulty tires can also result in accidents causing severe or fatal injuries.

A car accident injury attorney can help if a driver caused a car accident resulting in injuries and losses to others because they were negligent in checking the tires. Similarly, tire manufacturers, car companies, and car dealers may also be held liable if the accident and injury occurred due to a manufacturing defect in the tires. This article explores a few common types of tire defects which can cause a car accident.

Common Tire Defects in California

Tire defects can happen for a wide array of reasons. In relation to this, the more common causes are because of defects in the manufacturing or designing process. Overworked tire manufacturers may produce defective and deadly products in their efforts to meet a certain amount of per day tire manufacturing quota.

In some cases, tires that don’t show any physical signs of defect can prove to be incredibly dangerous depending on their condition and age. These are a few common tire defects:

  • Belt separation
  • Tread separation
  • Improper repair of tire puncture
  • Tires manufactured without prevention design features
  • Retread failure
  • Unsuitable tires as per the vehicle type
  • Design and manufacturing defects
  • Tires damaged during the mounting process
  • Aged and old tires
  • Side all blowouts
  • Zipper failures
  • Bead defects
  • Trapped internal air pockets within the tires
  • Foreign materials within the tire

Tire Defects Can Cause Catastrophic Accidents

Different types of accidents can occur when motorists drive with defective tires unknowingly. As per the National Highway Traffic Safety Administration (NHTSA), a minimum of 11,000 tire-related accidents take place each year.

Defective tires can easily explode while being inflated leading to serious injuries. Blowouts, tire explosions, and tread or belt separations can result in serious vehicular accidents.

These are a few common types of car accidents that can result from defective tires:

  1. Loss of control

The defective tire may explode or blow out unexpectedly causing drivers to lose control of their cars. The car may skid, swerve, spin, or rollover. Loss of control accidents can be single-vehicle crashes or involve multiple cars.

  1. Rollovers

Rollover accidents take place when a vehicle rolls onto its roof or side. As per the NHTSA, rollover accidents have the highest fatality rate as compared to any other type of vehicle crash. Tire defects and failures can result in dangerous rollover accidents, which may cause fatal or devastating injuries.

  1. Run off the road

Defective tires can easily cause a vehicle to entirely run off the road. It may make the vehicle jump into the opposite lane. The driver may get involved in a head-on collision as a result. Head-on collisions are rare, but deadly because of the high speeds involved.

Defective Tire Treads Can Cause Serious Injuries

Accidents as a result of defective tires can cause serious injuries. In some cases, the accident may prove to be fatal as well. These are a few common tire defect accident injuries:

  • Traumatic brain injuries (TBI)
  • Closed head injuries (CHI)
  • Chest injuries
  • Neck and whiplash injuries
  • Lacerations
  • Broken bones
  • Damage to the back and spinal cord
  • Bruises
  • Amputations
  • Internal bleeding
  • Paralysis
  • Wrongful death

Signs of Defective Tires

NHTSA conducted a study of 11,500 vehicles in 2014 and observed that an estimated 50% of cars were being used with at least one worn-out tread. Also, 1 in every 10 vehicles had at least 1 bald tire. This only goes to show that majority of vehicle owners and drivers are not serious about keeping up with tire maintenance. They don’t check their tires regularly either for ensuring whether they are in good shape or properly functioning.

Performing the penny test is an easy way of checking the tires’ tread. In this test, a penny is placed in the tire tread. You probably need to replace the tire if you can see the penny mostly or the top of Lincoln’s head. Your tire is likely in good shape if the penny goes in most of the way and you cannot see Lincoln’s head.

In addition, most tire warranties are meant to last for a certain amount of time or cover a specified number of miles. For instance, the tire may have a warranty covering them for the first 50,000 miles. You should take advantage of the warranty if you believe the tires are defective and still in warranty. You may be able to get the tires replaced if required.

Other signs to look out for include:

  • Bulges or blisters indicating a weak spot (immediate replacement)
  • Uneven tread wear
  • Cuts or cracks in the sidewall
  • Worn out tread
  • Vibration while driving

Speak with a Dedicated Car Accident Attorney in California Today

The experienced attorneys at Garmo & Garmo, LLP are here to help you if you or a loved one was injured in a vehicle accident. Our capable lawyers will fight aggressively to get you the compensation you deserve. You can schedule an appointment today by calling at 619-441-2500 or using our online contact form.