The advent of ridesharing services like Uber and Lyft has led to a sharp increase in vehicles-for-hire on the roads. With more rideshare vehicles in operation, accidents involving them have also increased. When rideshare accidents occur, determining liability and fault can be complicated without solid evidence. This is where dashcams can play a pivotal role. Dashcam footage provides visual documentation of accidents as they happen, capturing critical details that clearly establish fault. This article will examine the role of dashcams in proving fault in rideshare accidents specifically in Illinois.
What the Law Says About Fault in Rideshare Accidents
Under Illinois law, fault is determined by the negligence of the parties involved in the accident. Negligence refers to a failure to exercise reasonable care that results in damage or injury. To prove negligence and determine fault, several factors are considered:
- Duty of care – Did the liable party have a duty to drive safely and avoid causing an accident? Rideshare drivers owe passengers and other motorists a duty of care.
- Breach of duty – Did the liable party fail to exercise reasonable care and breach their duty? E.g. speeding, distracted driving, failure to yield, etc.
- Causation – Was the breach of duty the direct cause of the accident and injuries?
- Damages – Did the accident result in property damage or bodily injuries?
The liable party is whoever is deemed most negligent overall. Their insurance company will be responsible for covering damages.
How Dashcams Help Determine Fault
Dashcams record footage of the road, traffic, and circumstances leading up to an accident. This objective visual evidence can help accurately reconstruct the accident and prove fault. Key ways a dashcam can help include:
- Showing driving conditions – Slippery roads, poor visibility, and heavy traffic can explain hazardous conditions that led to an accident.
- Capturing traffic violations – Footage of a driver speeding, running a red light, or texting while driving proves negligence.
- Recording evasive maneuvers – Video of slamming brakes or swerving shows a driver tried to avoid the crash.
- Documenting the point of impact – The angle and force of impact indicates who collided into whom.
- Corroborating witness statements – Footage can confirm or contradict witness accounts of what happened.
- Providing visual context – Video gives adjusters a clear visual sequence of events to understand what transpired.
Dashcam Evidence in Rideshare Accident Claims
For rideshare accidents in Illinois, dashcam footage can prove invaluable in claims involving:
- Rideshare driver negligence – Video showing a rideshare driver speeding, distracted driving, or disobeying traffic laws proves liability.
- Other motorist negligence – Footage clearly showing another driver caused the crash helps prove the case.
- Comparative negligence – If both parties are partially negligent, video analysis determines percentage of fault.
- Uninsured drivers – Footage identifying the at-fault uninsured driver facilitates claims.
- Passenger injuries – Video substantiates circumstances that caused passenger injuries in the rideshare vehicle.
- Hit-and-runs – Dashcam footage can help identify license plates of hit-and-run vehicles.
- Intersection collisions – Footage proves which driver ran a red light or stop sign.
- Lane change accidents – Video shows improper, unsafe lane changes that caused the crash.
- Rear-end collisions – Dashcams can document the liable driver who rear-ended the rideshare.
- Sideswipe accidents – Recordings confirm sideswipe liability disputes between drivers.
- Multi-vehicle pileups – Dashcams capture the chain reaction of cars hitting each other.
Best Practices for Using Dashcam Evidence
To effectively use dashcam footage in an insurance claim or lawsuit:
- Preserve the original footage – Dashcam video should be kept unedited and stored securely.
- Record the aftermath – Continue recording at the scene to capture damage, injuries, and statements.
- Review and categorize key footage – Identify and catalog clips proving negligence and liability.
- Hire an expert – An accident reconstruction expert can analyze footage to determine fault.
- Enhance poor quality video – If needed, use video enhancement to sharpen blurry or obscured footage.
- Compile corroborating evidence – Combine dashcam video with crash reports, vehicle damage assessments, witness statements, etc.
- Consult an attorney – Experienced counsel can build the strongest case using dashcam evidence.
- Analyze footage details – Look for timestamps, GPS coordinates, vehicle speeds, traffic flows, weather context, etc.
- Focus on relevant clips – Isolate video segments directly related to the accident circumstances and fault.
- Create accident diagrams – Experts can use dashcam views to diagram vehicle positions, movements, and collision dynamics.
- Storyboard the sequence – Arrange clips in a logical order to visually reconstruct the accident events.
- Verify authenticity – Confirm the video has not been altered and maintains metadata like date and time.
Consult a Rideshare Accident Attorney
Suffering injuries in a rideshare accident can be devastating. The experienced attorneys at Monge & Associates have helped thousands of injured victims recover damages in rideshare wreck claims. With offices in 32 locations across 19 US states, including Illinois, Mississippi, and Maryland, our dedicated team can help you analyze dashcam footage, prove fault, and pursue maximum compensation for your injuries.
To explore your options in a free consultation, contact Monge & Associates today at (888) 477-0597. Our skilled personal injury lawyers are here to help you seek justice.