In order to get you compensation for your injuries, your Athens car accident attorney must prove fault. The best way to do this is by gathering evidence to support your claims. Here, we’ll discuss the benefits of using video recordings to prove the other driver was at fault.
Your Athens Car Accident Attorney Will Use Different Types of Evidence to Prove Your Case
While your Athens car accident attorney prepares your case, they’ll look for evidence to prove the defendant caused the crash. Much of this evidence will come from the accident scene. The rest will come from other sources, such as witnesses, videos, and experts.
Very rarely will you win your case on a he-said-she-said basis. Even if you know deep down that you didn’t cause the crash, all you have is your word. While your Athens car accident attorney may believe you, convincing a judge or jury is another thing altogether.
There Isn’t a Lot of Physical Evidence Available in Car Accident Lawsuits
In criminal cases, there is usually a lot of physical evidence. The cops collect DNA, fingerprints, and other evidence that can be tied to the defendant. However, when it comes to a car accident lawsuit, this kind of information isn’t available.
Of course, there are some clues at the accident scene. For example, the damage to vehicles can help determine how fast the drivers were going. There may also be skid marks and pieces of debris that can help determine who was at fault.
Sometimes Expert Witnesses and Eyewitnesses Are a Big Asset
Eyewitnesses are one of the tools our Athens car accident attorneys use. When the police come to investigate the crash, they try to talk to any eyewitnesses. They provide a statement, describing what they saw prior to and after the crash.
Another important tool is expert witnesses. Sometimes, the only way to determine how an accident occurred is to hire an accident reconstruction specialist. They can be immensely valuable in recreating a motor vehicle accident.
No Evidence Is More Reliable Than Video Recordings
Regardless of what other types of evidence is available, nothing comes close to video recordings. The great thing about videos is that they are unbiased. Yes, one can argue that these recordings can be edited or tampered with. That’s why your accident attorney in Athens will have it authenticated.
According to Georgia Code §24-9-901, any video recording entered as evidence must be authenticated. Once this is established, your Athens car accident attorney can show the video to the judge or jury.
Cell Phone Recordings Are More Helpful Than You May Think
One of the most helpful types of recordings are those taken with a witness’ cell phone. People today are much more in tune with what’s going on around them. If someone is on the corner or in a nearby car, they may stop to take a video of a car crash.
Sometimes, the person taking the video has no intention of getting involved in the case. They usually plan on uploading it to social media or sharing it with their friends. However, these videos can be used in your auto accident case.
There Are Many Other Sources of Video Recordings as Well
In addition to cell phone recordings, there may also be other videos available. Some of these may include:
- Intersection cameras
- Red light cameras
- Dash cams
- Body cams
- Residential and commercial cameras
- Live social media recordings
Some or all of these may be helpful in your case. Your accident attorney in Athens will try to gather as many videos as they can. They will then review them in detail to see if they help prove fault.
Your Accident Attorney in Athens May Need to Subpoena These Records
There are times when the person or entity that created the video doesn’t want to share it. Some people are very skittish about the idea of getting involved in a stranger’s car accident lawsuit.
When this happens, your Athens car accident attorney can also issue a subpoena. According to Georgia Code §24-13-24, an attorney can demand that an individual or organization turn over pieces of evidence. If the owner of the video refuses to comply with the subpoena, your accident attorney in Athens can file a motion to compel.
Your Athens Car Accident Attorney Will Have to Prove the Recordings Are Relevant
It’s not enough that your Athens car accident attorney believes a video recording will be beneficial to your case. According to the courts in Morris v State 246 Ga. 510, 272 S.E. 2d 254 (1980), a party’s subpoena must be relevant.
If your Athens car accident attorney demands a copy of the defendant’s recording, they will have to demonstrate that each section of the subpoena is relevant. It must be more likely than not that the information requested will substantially contribute to the case.
If the defendant doesn’t believe your evidence is relevant, they can file a motion to quash your subpoena. These requests are not granted all that often. The courts feel that the risk of not having useful information outweighs the other party’s desire to keep the information out.
Georgia Rules of Civil Procedure §24-13-23 Places the Burden on the Defendant
In the moments following your car accident, you may have noticed the other driver recording a video. They may be recording the accident scene and the damaged vehicle. Or they may be talking in their video.
The contents of this video may be crucial to your case. This means there’s a good chance your accident attorney in Athens may request a copy. There’s a good chance the defendant will refuse to comply.
According to Ga. Code §24-13-23, for the defendant to convince the court that the video shouldn’t be shared with the plaintiff, they have a high burden to meet. The statute holds that the responding party will have to demonstrate that the recording is not relevant and would be highly prejudicial to the defendant.
Your Accident Attorney in Athens Will Do Whatever it Takes to Prove Your Case
When you first meet with your accident attorney in Athens, they’ll ask you to tell your version of what happened. They’ll also review whatever information you have to see if there’s evidence to support your claim. This will give them a better idea of whether pursuing your case is the best idea.
Our firm offers new clients the chance to meet with one of our Athens car accident attorneys free of charge. This works out best for you and our law firm. If it appears that your case has merit, we’ll more than likely be able to help you. It also gives you a chance to decide if you want to move forward.