After a crash on I-94, the Lodge Freeway, or a busy Detroit intersection, fault often comes down to one driver’s word against another’s. Memories fade, and insurance adjusters look for reasons to shift blame. Dashcam footage can provide objective proof of what really happened. If you have questions regarding what video footage or evidence can help strengthen your case, our Detroit car accident attorneys can discuss your options.
Can Dashcam Footage Be Used as Evidence in Michigan?
Yes, dashcam footage can be used as evidence in a Michigan personal injury case, provided it is relevant and properly authenticated. Under Michigan Rule of Evidence 901, the party offering a video must show that it is what they claim it is—a true and accurate recording of the crash. This is usually done through testimony by the camera’s owner regarding the date and time, and whether the file was edited. Altered footage may be excluded, so preserving the original file is critical.
How Does Dashcam Video Help Prove Fault?
Dashcam video helps prove fault by showing exactly how the accident unfolded, including speed, traffic signals, lane changes, and the other driver’s conduct. This matters because Michigan follows a modified comparative fault system. If you are found partially responsible, your damages are reduced by your percentage of fault. If you are more than 50 percent at fault, you will be barred from recovering non-economic damages, such as pain and suffering. Clear video can keep an insurer from unfairly blaming you.
Does Dashcam Footage Matter Under Michigan’s No-Fault Law?
Yes, dashcam footage still matters under Michigan’s no-fault system, especially if you pursue a claim against the at-fault driver. While your own Personal Injury Protection (PIP) benefits cover medical bills and lost wages regardless of fault, MCL §500.3135 allows an injured person to step outside the no-fault system and sue for pain and suffering when the crash caused serious impairment of body function or permanent serious disfigurement. A claim may also be brought when the crash caused a death. In those claims, video can make proof of the other driver’s negligence far more persuasive.
What Should I Do With My Dashcam Footage After a Crash?
You should save and back up your dashcam footage immediately, before it is automatically overwritten. Many cameras record on a loop, so download the file to a secure location, avoid editing or trimming it, and do not post it on social media. Footage from nearby businesses or other drivers should also be requested quickly.
Assisting in the Preservation of Evidence
A personal injury lawyer can help you by gathering and preserving evidence, handling communications with insurance companies, and building a case that reflects the full value of your damages. An attorney can send preservation letters for third-party video, ensure evidence meets Michigan’s admissibility standards, and negotiate with adjusters who try to minimize your claim. If a fair settlement is not offered, our legal team is not afraid to take your case to court.
Questions? Reach Out to Our Detroit Car Accident Attorneys Now
If you were injured in a crash in Detroit or anywhere in southeast Michigan, our Detroit car accident lawyers are ready to review your dashcam footage and explain your options. At Schefman & Associates, we believe that understanding your rights is key to helping you feel in control as your case progresses. To schedule your free, no-obligation consultation, our office can be reached online or by calling (248) 594-2600 today.