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Dashcam Footage After a Columbus Crash: Can It Help or Hurt Your Injury Claim?

Most dashcams record in a loop. Unless someone saves the file, a clip showing who ran a red light can be overwritten within days, sometimes even hours. That’s how a lot of important video evidence disappears after an accident in Columbus.

When footage survives, it can be the strongest evidence in an injury claim. It can also show things that an insurance adjuster would rather not see.

Why Dashcam Video Carries So Much Weight

After most accidents, each driver tends to blame the other. Videos can help settle many of these disputes before they even start. Depending on the angle and quality of the footage, it can show:

  • The color of the traffic light at the time of the collision
  • Approximately how fast each vehicle was traveling
  • Whether a driver drifted over the center line or rolled through a stop sign
  • Weather and lighting conditions, as well as road conditions
  • What the other driver said after the accident, if the camera records audio. Often, the first few minutes after an accident tend to be the most honest.

Phone use is a big issue. Ohio’s hands-free driving law generally prohibits drivers from holding or physically supporting a phone while driving, with limited exceptions. It is difficult to explain why another driver is looking down at the screen.

When Your Own Footage Works Against You

A camera doesn’t take sides. The same clip that shows the other driver turning left in front of you might also show you speeding.

That matters under Ohio’s comparative fault statute. You can still recover if your share of the fault is not greater than the combined fault of those involved, but your compensation will be reduced by your percentage. If your fault is more than the other parties’, you will not recover anything.

Footage can also hurt in more subtle ways:

  • The audio of you saying “I’m sorry” or “I didn’t see him”, even if you were just being polite.
  • Video footage of you walking around at the scene normally (adrenaline can hide pain, but a witness may still notice it).
  • A camera facing the cabin catching you looking at your phone.

None of this means that you should delete the video.

Never Delete or Edit the File

Ohio is one of only a handful of states that recognizes a separate lawsuit for the intentional spoliation of evidence, meaning the willful destruction of evidence in order to disrupt someone’s case. In Elliott-Thomas v. Smith, the Ohio Supreme Court confirmed that this claim covers evidence that has actually been destroyed. The court also noted that judges can sanction discovery abuses under Civil Rule 37.

A deleted clip usually causes more damage to your reputation than the clip itself could have. Save the complete, unedited file. Backup it in two places. Do not trim it or publish it online.

The same rules protect you. If another vehicle has a camera, or if the accident involved a commercial truck or rideshare, your lawyer can send a letter demanding that footage be kept.

Is Dashcam Audio Legal in Ohio?

Generally, yes, for conversations you’re part of, Ohio’s wiretap statute follows a one-party consent rule, so a participant can lawfully record a conversation. Things get more complicated if your camera picks up a private conversation between other people. Ask a lawyer before sharing such recordings.

Other Cameras May Have Recorded the Crash

If police responded, their cruisers or body cameras might have captured the scene and drivers’ statements. Under Ohio’s Public Records Act, these recordings are generally public records, although certain restricted portions, such as images of serious bodily harm, may be withheld.

Businesses, doorbell cameras, and traffic cameras near busy Columbus intersections may have captured the crash too. Most of that video is only kept briefly.

Man in black and white checkered shirt sitting in car, leaning forward with head down and hands on neck.

Talk to Kitrick, Lewis & Staley-Sladek Before the Insurer Sees Your Video

Before you send footage to any insurance company, including your own, have an attorney watch the whole thing. What looks helpful in the first ten seconds can look very different at the forty-second mark. Ohio also generally gives you only two years from the date of injury to file a lawsuit.

At Kitrick, Lewis & Staley-Sladek Co., L.P.A., we review dash cam footage alongside police reports, witness accounts, and any other video we can track down before it is erased. Then, we build your case around what the evidence actually shows. If you have been injured in a Columbus collision, contact our office today to discuss your case.