Video Evidence in Accident and Personal Injury Claim
In this post we explain how video evidence can help prove your personal injury claim.
Personal Injury Claims Are Founded on a Duty of Care
Personal injury claim requires proof of an injury resulting from the negligence of another person or legal entity. To hold the other party liable for your injuries you must first prove that they owed you a duty of care to protect you from harm. For example, operators of motor vehicle owe other drivers, passengers, and pedestrians a duty of care to operate their vehicles in a safe manner to avoid accidents.
Personal Injury Claim Requires Evidence of Breach of the Duty of Care
You must also prove that they breached that duty of care by failing to keep you safe from harm. To continue the driving example, a driver breaches the duty of care to drive safely when they fail to do so and cause an accident. Finally, the at fault driver can be held liable for any injuries suffered in the accident and resulting damages. As an other example, businesses owe a duty of care to keep their premises free of dangerous conditions. Whether a duty is owed to an injured person is fairly straightforward in most cases and typically not contested. However, liability (whether a duty has been breached) is almost always contested. Moreover, liability is typically proven principally based in the testimony of the injured person making the injury claim Therefore, liability often hinges primarily on the credibility of the accident victim.
Video Evidence Often Helps Establish Negligence in Personal Injury Claim
Video footage of an accident or incident often clearly demonstrates exactly how an accident occurred. It removes any doubt about the victim’s account. Liability often becomes relatively clear cut when there is video footage of the accident. Video footage can show how an accident actually happened. This prevents an insurance adjuster or defense attorney from speculating how the accident victim could be to blame for the accident.
Call Us for a Free Initial Consultation with a Miami Accident Attorney
If you or loved one has been injured in an accident, you must act fast and retain a qualified personal injury attorney to quickly preserve the video footage of the accident before it is recorded over. The Berman Law Firm handles many different types of accident and injury claims. Call us today.