Can Video Footage Prove Negligence In An Accident Claim?
Oct 2, 2020
Video footage can be used to prove negligence in a personal injury accident claim in Pennsylvania. However, it is important to remember that any video evidence has to be checked for authenticity.
Personal injury accident claims are based on the duty of care by the defendant (a person or entity) owed to the plaintiff. That means in order to hold the other party liable for your injuries, you need to prove they owned you a duty of care to protect you from harm. For example, all drivers owe a duty of care to others on the road to drive in a safe manner and not cause an accident.
Once it has been shown that the defendant owed you a duty of care, it needs to be proven that the person or entity contravened that duty and failed to keep you safe. If the other person did not drive safely and was speeding or driving while distracted, and caused a collision that injured you, then they failed in their duty of care.
The at-fault driver can be held liable and/or responsible for any injuries and damages once duty of care and breach of duty of care has been proven. Typically, liability is a concept often fought over.
If you are fortunate enough to have video from eyewitness recordings, nearby business security footage or dashcam video, the video may be used as evidence. Such evidence often erases doubt about the plaintiff’s recounting of the accident and may make liability clear when it is documented in a video.
A video can show how an accident happened and are sometimes powerful enough to obtain more compensation for an injured plaintiff by showing the severity an accident. Videos are impartial and speak louder than words.
The personal injury attorneys at Melaragno, Placidi & Parini have decades of experience in dealing with all types of accidents, including motor vehicle crashes. We tenaciously track down and request any video that recorded your accident, whether it is someone’s dashcam video, a third party surveillance video or a police video.
Do not wait to call us. If you have been hurt by the negligence of another driver, person or entity, first see a doctor and get treated. Then, call us to find out your legal rights. We are with you every step of the way at Melaragno, Placidi & Parini.