How Electronic Evidence Can Affect A Personal Injury Case

Digital or electronic evidence can include any probative information that has been stored or transmitted in a digital form so that it can be used in a court trial. Some courts have been found to treat digital evidence differently because there may be a question of its authenticity, possible hearsay, and privilege.

If you have recently been involved in a car accident and suffered injuries, then you already know how important it is for you to have the right evidence and documentation in place to prove your case.

You may have already collected witness statements, accident reports, medical records, and photographs that can help prove your case, but what about electronic evidence? Is it legal to use electronic evidence like dashcam footage in Florida, and can those recordings be admitted as evidence for your personal injury lawsuit? Read on to find out.

Can You Use Dashcam Evidence?

The state of Florida says you can use dashcam evidence as long as there is no windshield obstruction. However, if your camera also collected and recorded audio, then you need the permission of everyone that was recorded due to

Florida's wiretapping laws.

When it comes to whether the footage is admissible in court, it can get a bit more complicated. If the dashcam in your case can present clear and convincing evidence, then it may be allowed. However, there is a gray area there, and that is where the complications lie.

According to the Florida Statutes Title VII, videotapes are within the realm of photographs and are admissible if the video is authentic and clearly and convincingly shows a specific and alleged fact about the case. This can be determined under the sworn testimony of the person who recorded the footage.

When The Footage Is Considered Useful

If the dashcam footage confirms the story that the other driver was at fault and acted negligently, then the footage is deemed to be helpful. It is especially helpful in a hit-and-run case because the footage may catch the driver's plate number.

When The Footage Is Not Helpful

However, some situations may arise that can cause the footage not to help the case at all. For example, the footage failed to capture the actions of the driver or the full scope of the accident. In that situation, it cannot clearly prove the facts that the accident victim is claiming.

It is also not considered helpful if the footage shows that the driver who recorded the accident somehow contributed to the accident. It can show that the victim is trying to make false claims.

Hiring An Attorney

If you are unsure about your dashcam footage or want more information on how you can use it and whether it is admissible in court, you should contact an experienced personal injury attorney right away. They can review the footage themselves and see if it follows the guidelines as we have outlined above.

The attorney can also assist you in collecting other types of proof you may need to prove your case and potentially help you get your dashcam footage admitted. With more evidence, you will have a much better chance at effectively proving your case and backing up the argument you made about who was at fault for the accident.