Under New Mexico’s fault laws, an injured car accident victim must prove that the other driver is at fault to recover financial compensation from that driver’s insurance provider. One type of evidence that could provide strong proof of fault is dashboard camera (dashcam) footage.
A dashcam can give you unbiased, inarguable evidence to help Albuquerque, NM car accident lawyers support your case for accident compensation.
About Dashcam Footage
Dashcams are small cameras mounted to the windshield of a car, either facing outward or inward. Car accidents are common in New Mexico, with 42,836 reported on public roads in 2023 alone. Dashboard cameras provide a way for drivers to monitor what happens on the road by recording footage of the roadway ahead or the inside of the driver’s car.
New Mexico law permits dashcams as long as they do not obstruct the driver’s view of the road. If a dashcam records audio, all passengers must give their consent to be recorded. If a car accident takes place, a dashcam can capture important footage, such as video evidence of another driver violating a traffic law and causing the crash.
Evidence and Accident Lawsuits in New Mexico
There are “at fault” and “not at fault” car insurance rules. New Mexico is a fault state, which means an injured individual must prove fault to acquire financial compensation from another driver’s car insurance carrier.
The victim must provide evidence of negligence, meaning that the other party behaved in a way that a reasonably prudent person would not have in the same circumstances. The evidence must show that the other party is more likely at fault than not at fault for the collision.
The Impact of Dashcam Footage on a Car Accident Claim
Dashcam footage can potentially impact who is held liable (legally and financially responsible) for the accident as well as how much compensation you receive for your losses. The footage can provide evidence against the other driver if it shows the driver breaking a traffic law or driving recklessly.
A dashcam may capture evidence of:
- Speeding
- Wrong-way driving
- Ignored traffic signs
- Red-light or stop-sign running
- Failure to yield the right-of-way
- Sudden swerving or braking
Dashcam footage can also show the road, traffic and weather conditions at the time of the crash. It can provide proof of aggressive or reckless driver behaviors and give unbiased visual evidence of broken laws. This can support your claim by adding credibility to your testimony of what occurred.
Dashcam Footage and Case Value
Dashcam footage may also lead to greater financial compensation for your car accident case. For example, if a driver is found guilty of especially egregious acts of wrongdoing, such as driving under the influence of alcohol, based on dashcam evidence, this could lead to greater financial compensation for your losses (e.g., punitive damages). Dashcam footage can also demonstrate the severity of the crash, which may lead to a higher settlement offer or judgment award.
When Is Dashcam Footage Permissible as Evidence?
For dashboard camera footage to be admissible as evidence during a New Mexico car accident claim, it must be relevant to the case, authentic and unaltered. If dashcam footage of your crash exists, notify your car accident lawyer right away. That way, your lawyer can incorporate this key evidence into your case strategy. A lawyer can also help if the opposing party is contesting the dashcam footage in an effort to have it removed from your case.