Dashcam Footage in Personal Injury Claims

Every year, hundreds of people are killed and tens of thousands are injured in car accidents in Canada. The impact of these accidents extends far beyond the people who are directly involved: families, friends, coworkers, and more are also affected. This far-reaching impact is why it’s so important for accident victims to work with an experienced car accident lawyer. If, for example, the person injured in the accident is the sole breadwinner for a family of four and is no longer able to work full-time, a car accident lawyer can help negotiate compensation that addresses the needs of the entire family.

But securing compensation isn’t as simple as submitting a list of expenses to an insurance company and waiting for a check to be delivered. Your car accident lawyer must establish who is liable for the accident, whether the accident was the cause of your injuries, and how much compensation is owed for those injuries.

Dashboard Cameras

Recently, dashboard cameras have become popular among the Canadian general public, with support from insurance providers, law enforcement, and personal injury lawyers. Often, they are adopted by people who have been involved in, or know someone who has been involved in, a traffic accident or insurance dispute.

Dashboard cameras are considered a reliable third-party witness in disputes over motor vehicle accidents, meaning they can help your car accident lawyer establish liability in a crash and, in some cases, prove causation of injuries. There are no privacy issues associated with dashcam footage, because roads are considered public places in Canada. As such, the footage is generally admissible in court. High-end cameras also record GPS positioning and speed, which can support liability claims.

Insurance providers favour dashboard cameras because they simplify the process of proving liability and reduce insurance fraud. In fact, some providers have considered offering discounts to drivers who use dashcams. Still, some members of both the insurance and personal injury fields believe the technology has flaws, not least of which is the risk of distraction.

“Dashcams may, like GPS devices, be a distraction if they’re not properly used,” said Pete Karageorgos, Insurance Bureau of Canada director of consumer and industry relations for Ontario, told the Canadian Press. “On the other side of the coin, if someone is involved in a crash or they witness something, the good thing about having dashcam video is it really is an impartial and unbiased witness to the events.”

It is also worth noting that although dashcam footage is admissible in general, it is unlikely to be accepted if it has been edited, cut, or manipulated in any way. From the moment of your accident, you should be careful to preserve it intact.

Even in cases where a car accident lawyer is not involved – hit and runs involving another vehicle, theft, vandalism, etc. – dashcam footage can help law enforcement identify suspects and make arrests.

How a Car Accident Lawyer Can Help

With the help of your dashcam footage, a car accident lawyer can identify the parties who are liable for your injury and pursue compensation to cover the cost of your recovery. As mentioned above, car accident injuries can be extremely serious. Recovery can involve months of medical care, rehabilitation, and therapy, as well as extended and perhaps permanent attendant care. In some cases, home renovations and mobility equipment may also be necessary.

These costs can add up quickly. Accident benefits obtained through your insurance provider can address some expenses, but it may be necessary to pursue additional compensation through a civil claim against the individuals who are responsible for your injuries. Dashcam footage, in addition to evidence collected at the scene of the accident, witness testimonies, police and medical reports and more, is essential to proving liability in your personal injury claim. An experienced car accident lawyer can review this evidence and offer advice on how to proceed.

Contact Will Davidson LLP

If you or a member of your family has been injured in a serious accident, contact Will Davidson LLP to schedule a free, no-obligation consultation with an experienced car accident lawyer. Our team will assess the viability of your claim and provide guidance as you consider your legal options.

Will Davidson LLP has represented seriously injured Ontarians for several decades. During that time, we have come to understand the serious mental, physical, emotional, and financial challenges that accompany a traumatic injury. Although we know that no amount of money can make up for the pain and suffering you have experienced, we also understand that financial compensation can relieve some of the pressures associated with your recovery. For that reason, in addition to free consultations, we are proud to offer our services on a contingency basis, which means you will not be asked to pay legal fees until your claim has been successfully settled. If we cannot secure compensation, we will not accept payment.

Study Reveals Best and Worst Driving Cities in Ontario

InsuranceHotline.com, a website that compares auto insurance quotes, recently named the ten best and worst driving cities in Ontario based on how likely residents are to have tickets, collisions, or a combination of the two on their records. The study, which looked at quotes from 2018 and 2019, showed that drivers in high-density urban neighbourhoods are less likely to have infractions than their more rural counterparts. The results came as a surprise to insurance professionals and car accident lawyers.

Oakville is One of the Best Driving Cities in Ontario

Province-wide, 3.5 per cent of drivers admitted to having at least one at-fault crash and one ticket on their record; 6.9 per cent admitted to having at least one ticket and 8.9 per cent admitted to having been in a collision in the last ten years.

Drivers in Orangeville, Ontario, located roughly an hour northwest of Toronto, were the most likely to report at least one crash and one ticket, at 9.4 per cent. Fifteen per cent of Caledon drivers reported having at least one ticket, and 13.6 per cent of Woodstock drivers admitted being involved in a crash in the last decade.

The report assigned letter grades for each municipality based on the increased or decreased likelihood of drivers reporting an infraction. The communities of Orangeville, Bradford, Woodstock, Sault Ste. Marie, Brantford, and Orillia all received ‘D’s, while Thunder Bay, St. Thomas, Caledon, and Barrie rounded out the bottom ten with ‘C’s.

The top ten driving cities in Ontario – North York, Toronto, East York, Etobicoke, Mississauga, Brampton, Scarborough, York, Thornhill, and Oakville – are all in the GTA, to the surprise of the study’s authors.

“We were as surprised as pretty much everyone when we saw these results and really looked at the data and saw how this was shaking out,” InsuranceHotline.com senior manager of partnerships Anne Marie Thomas told Canadian Underwriter. For car accident lawyers, the finding bolsters concerns that downtown clients don’t receive good value for their insurance dollars.

Insurance Rates Don’t Reflect Study Findings

Drivers in cities like Brampton, Mississauga, and Toronto pay stubbornly high auto insurance rates which, as Ontario car accident lawyers know, have become more unreasonable given recent accident benefits cuts by the province. BramptonGuardian.com reports that Brampton residents pay an average $2,494 per year in insurance premiums, more than $1,000 above the provincial average. Mississaugans pay an average of $2,086 per year.

Auto insurance premiums are based on more than collision and infraction rates. Urban drivers may pay more due to the sheer volume of accidents downtown, or perhaps because collisions in city cores tend to be more serious than accidents on rural roads. Lower per capita collision rates also don’t necessarily mean that city dwellers drive more safely; they may simply drive less. After all, it’s more difficult for people in rural areas to get from point A to point B by transit, bicycle, or foot. Average population age could also play a role.

“It’s everything factored in together,” Thomas said in her interview with Canadian Underwriter. “It’s where you live, how you drive, how long you’ve been licenced – it’s the whole package. Saying that this one city is worse or this one city is better, for everyone, that may not necessarily be the case.”

“Maybe [the lower average premium in rural areas] speaks to the accidents not being at-fault accidents,” Thomas continued. “Maybe rates are more expensive in these cities … because of the cost to settle the claim versus somewhere in Orangeville. Maybe those drivers have had an accident, but it’s a single-vehicle accident that had a couple of thousand dollars in damage, whereas in a more congested areas, maybe the accidents are more significant and more expensive to settle.”

Flipping the Script

Regardless of insurance prices, the InsuranceHotline.com study challenges assumptions about rural vs. urban driving. It may feel safer to coast along a provincial highway than navigate multiple lanes of impatient traffic on the Don Valley Parkway, but the stats suggest rural drivers are ticketed more often and involved in more accidents than their urban peers.

Contact an Ontario Car Accident Lawyer

If you’ve been involved in a traffic accident anywhere in Ontario, contact Will Davidson LLP to learn how our experienced team of car accident lawyers can help. Will Davidson LLP has been representing injured Ontarians for decades. We understand the serious physical, mental, emotional, and financial challenges that accompany serious car accident injuries, and are committed to helping our clients secure compensation for the damages they have incurred.

Contact us today to arrange a free, no-obligation consultation where we will discuss the viability of your claim and explain your legal options. Will Davidson LLP is proud to work on a strict contingency basis, meaning you will not be asked to pay legal fees until your case has been successfully absolved. Reach out now to learn more.

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