Car accident dashcam footage can settle who was at fault in a New Brunswick injury claim. It can also show you speeding, rolling a stop sign, or apologizing at the scene. This page explains what the footage does for a claim, what it can do against one, how it gets into evidence, and how to keep it from being overwritten.
A Dashcam Records the Crash Without Taking a Side
A collision takes seconds. Afterwards the drivers are hurt, the cars are damaged, and nobody agrees on what happened. The plaintiff has to prove what happened, and a dashboard camera records it without taking a side.
The camera also records you. Having one is not a guaranteed win, and there are rules on how the recording is used in court. The firm’s practice is to preserve the file first and review it before anyone else sees it.
Car Accident Dashcam Footage Proves Fault, Identifies Drivers and Shows Impact
Memory after a crash is unreliable. Witnesses see different things. The at-fault driver has a reason to lie. Video removes most of that argument.
The plaintiff bears the burden of proof: you must show the defendant was negligent and that the negligence caused your injuries, on a balance of probabilities. A clear recording of the traffic light colour, the signage and the vehicle positions does most of that work.
Footage Defeats a Contributory Negligence Argument
The insurer’s first tactic is contributory negligence: any share of fault they can pin on you reduces your award by that share. A recording that shows the other driver’s fault ends the argument.
That shortens the claim. Instead of arguing over who did what, the file moves to damages. A car accident lawyer can explain how that changes the negotiation.
Footage Identifies a Hit-and-Run Driver by Plate
When the other driver flees, the camera often captures the plate, make, model and colour. Even a partial plate lets the police trace the vehicle, and a named driver means a claim against their policy.
If the driver is never found, your own policy’s uninsured automobile provisions may respond. Video showing that another vehicle caused the crash supports that claim.
Footage Shows the Force of a Low-Damage Crash
Adjusters point to photographs of minor vehicle damage and argue the crash could not have hurt anyone. Vehicle damage does not track the forces on a body. The recording shows the jolt, the sound and the deceleration, and it supports general damages for pain, suffering and loss of enjoyment of life in a way still photographs cannot.
When Can Video Evidence Hurt Your Personal Injury Case?
The camera records your driving too. If you were speeding, failed to yield or rolled a stop sign seconds before the impact, the defence will find it and argue contributory negligence.
You cannot delete a recording because it looks bad. Destroying evidence wrecks your credibility and invites an adverse inference. Give the full unedited file to your lawyer.
Cabin Audio Can Record an Apology or a Phone
Most dashcams record cabin audio. “I am so sorry, I didn’t see you” at the scene reads as an admission of fault, and the insurer will use it in negotiation. The audio can also reveal a passenger conversation, loud music, or a phone notification followed by typing. Distracted driving is exactly what adjusters look for. Have a lawyer review the audio track before it goes to any insurer.
Telematics Logs Prove Your Speed
Many cameras log GPS position, direction and speed, embedded in the video or in a separate file. If you were over the limit, the log proves it, and the defence will argue that the extra speed cut your reaction time and that the crash was avoidable at the legal limit. Know what your device records and raise it at the first consultation.
Footage Must Be Authenticated and Relevant to Be Admitted
Video is only useful if it is admissible. You cannot hand a judge a USB drive.
The recording has to be authenticated as a true and accurate record of the events. That usually means a sworn statement from the person who installed or operated the camera confirming the date, time and location. The footage also has to be relevant to an issue in the lawsuit. Your lawyer handles those procedural steps under the provincial rules of court.
A Gap in the Chain of Custody Invites a Tampering Argument
Chain of custody is the record of who handled the evidence from the moment it was created. A gap lets the defence say the file was edited or spliced.
Secure the memory card at the scene. Hand the original only to the police or your lawyer. Make backups, but keep the original card as it is.
Deleting Footage Brings an Adverse Inference
Spoliation is destroying, altering or hiding relevant evidence, deliberately or carelessly. Deleting the file because it shows you speeding is the worst thing a plaintiff can do. A judge who finds intentional destruction can draw an adverse inference: the court assumes the missing video was damaging to you.
Preserve the file even if it shows a mistake. A lawyer can explain a minor error. Nobody can fix a deleted file.
Insurers Ask for the Footage to Find a Reason to Deny
After a New Brunswick collision you deal with two insurers: your own for no-fault benefits and the at-fault driver’s for the tort claim.
Adjusters are trained negotiators paid to minimize the payout. They will ask for the footage hoping to find a reason to deny liability. Do not send it to the opposing adjuster without legal advice. Your lawyer reviews it, works out what it does to the claim, and controls how and when it is disclosed.
Footage Grounds the Tort Claim for General Damages
The tort claim against the negligent driver covers what Section B does not: general damages for pain and suffering, loss of earning capacity and future medical care. Video that proves the breach of duty is the base of that claim. It also matters when the insurer argues that the minor personal injury cap in New Brunswick applies.
The footage is shown at settlement meetings, mediation and examinations for discovery. A recording of a violent crash tends to move an insurer’s offer up.
Recording on a Public Road Is Legal in Canada
Canadian privacy law permits recording on public roads. Nobody has a reasonable expectation of privacy on a highway, a city street or a public parking lot, so you do not need the consent of other drivers or pedestrians.
You cannot point the camera into private homes or record people in secluded places. If the camera records audio inside the car, you must be a participant in the conversation. The New Brunswick legislation is online.
Intersection and Lane-Change Crashes Gain Most From Footage
Some crashes cannot be reconstructed from skid marks and statements. An intersection crash where each driver claims a green light is the classic case, and a camera facing the signal answers it. Lane changes and sideswipes produce conflicting accounts, and without video the insurers often split liability 50/50, which halves the recovery.
Footage Answers the Claim That a Pedestrian Darted Out
Pedestrians and cyclists are often blamed for their own injuries. The adjuster says the pedestrian darted out or the cyclist swerved. A recording from a nearby vehicle shows who had the right of way. A lawyer handling New Brunswick pedestrian accident claims sees that argument in most files.
A Helmet Camera Shows the Driver’s Missed Blind Spot
Riders face the stereotype that they all speed. When a car hits a motorcycle, the driver says they did not see the bike. A camera on the motorcycle or helmet shows the driver’s failure to check for traffic beside the vehicle before turning or changing lanes, and the rider’s lawful operation.
These crashes bring long-term medical needs. A rider who cannot return to work may also need a long-term disability lawyer. The New Brunswick motorcycle accident page covers those claims.
Remove the Card Before the Loop Overwrites the File
Most dashcams record on a loop and overwrite old files when the card fills. Drive for a few days and the crash is gone.
- Once everyone is safe and emergency services are called, turn the camera off or remove the memory card so the file is not overwritten.
- Do not cut, crop or alter the file. Edits destroy metadata and invite an authenticity challenge.
- Copy the raw file to several secure places and keep the original card untouched.
- Do not post it on social media or send it to the adjuster. Give the unedited file to the firm for review.
A Lawyer Reviews the Footage Before the Defence Does
When you watch your own crash, you miss what an adjuster sees at once. A personal injury lawyer reviews the footage frame by frame for the strengths and the weaknesses before the defence raises them, then manages the communication about the evidence, including the demand letters, the disclosure and the presentation.
The Mike Murphy Law Group builds cases on this kind of evidence across Atlantic Canada. For the Moncton area, see the Moncton office page.
FAQ
Do I Have to Tell the Insurance Company I Have Car Accident Dashcam Footage?
You must cooperate with your own insurer, and you must disclose relevant evidence in discovery once a lawsuit starts. You do not have to volunteer it to an adjuster before then. Have a lawyer review it first, because early disclosure can weaken your negotiating position.
Can the Police Seize My Dashboard Camera at the Accident Scene?
Yes, on reasonable grounds to believe it holds evidence of an offence, usually in crashes involving serious injury or suspected criminal negligence. Ask for a receipt and tell your lawyer so a copy of the file can be requested.
What Happens If the Camera Only Caught Part of the Collision?
Partial footage still shows speed, road conditions and lane positions in the seconds before impact. Combined with skid marks, physical evidence and witness statements, it supports a reconstruction of the whole event.
How Long Do I Have to File a Lawsuit in New Brunswick?
Generally two years, counted from the day the injury was known or ought to have been known, with exceptions. Miss it and the claim is usually lost. Gathering records and analyzing video takes time, so start early.
Will My Case Definitely Go to Trial If I Have Clear Video Proof?
The opposite. When video makes liability undisputed, insurers settle, because a trial they cannot win on fault is expensive and unpredictable.