As technology advances in the transportation industry, commercial trucks, including those of FedEx, are being fitted with dash cameras and other surveillance tools. These devices capture revealing footage that can make or break accident claims, swaying not just liability determinations but also insurance settlements and other legal outcomes.
While such footage can serve as rock-solid evidence, it also raises some questionable precedents regarding privacy and the potential for bias. This article probes the legal implications of camera footage from FedEx trucks in accident claims. Read here: Are There Cameras On FedEx Trucks?
Admissibility of Camera Footage in Court
The camera footage from FedEx trucks can be used as compelling evidence for claims concerning accidents. However, whether or not it is permissible as evidence depends on several legal principles.
Relevance
Footage must be pertinent to the matter at hand. It must contain elements that have a direct correlation to the incident itself. That’s what makes a piece of evidence truly valuable in a courtroom.
Authenticity
The individual or group presenting the film must prove that it is genuine and has not been altered or tampered with in any way.
Hearsay Considerations
Even though video evidence is usually okay to use, some statements or sound recordings that in-cab audio might capture could be classified as hearsay. Such evidence would be okay to use only if it meets some exception to the hearsay rule.
Chain of Custody
To guard against the possibility of claims of tampering, FedEx or some other custodian of the footage must establish and then maintain a clear chain of custody that details how the footage was stored and then retrieved.
Meeting these criteria, the footage can be a strong piece of evidence to use for determining fault in an accident. For more information, read here: Are There Cameras On FedEx Trucks?
Impact on Liability Determinations
In accident claims, liability is frequently disputed. Video from FedEx trucks can affect liability determinations in a number of ways:
- Clearing the FedEx Driver: If the footage clearly shows another vehicle breaking the law (e.g., running a red light, failing to yield, or making an illegal maneuver), FedEx and its driver may be exonerated
- Establishing the Driver’s Fault: On the other hand, if the video clearly depicts the FedEx driver driving erratically or dangerously, such as speeding, not slowing or stopping when required, or swerving to avoid expected obstacles, the video can help prove the FedEx driver’s fault in the accident.
- Contributory Negligence: In certain cases, the video may show that both parties are at fault, which can affect how damages are divided in comparative negligence jurisdictions.
Due to its often-conclusive nature, video evidence frequently holds considerable clout in courtroom or settlement negotiation scenarios, rendering it an important piece of the puzzle in figuring out who or what is liable.
Insurance and Settlement Considerations
Footage from cameras is frequently used by insurance companies to help settle claims that are associated with accidents involving FedEx trucks. Such footage can:
- Speed up claim inquiries by delivering unmistakable proof of the way the accident happened
- Make one party’s case stronger or weaker, influencing settlement negotiations
- Impact denials or approvals based on what the video footage presents
- Increase or reduce the total amount of the settlement
Spoliation of Evidence Concerns
A vital legal aspect is the spoliation of evidence. This happens when pertinent evidence is lost, destroyed, or altered. If FedEx doesn’t keep accident footage safe, courts could hit them with sanctions that could take several forms, including:
- Instructions for adverse inference, permitting a jury to assume that the absence of the footage was unfavorable to FedEx
- Rejection of certain defenses, undermining FedEx’s capacity to contest liability
- Fines or penalties imposed for not preserving evidence as required
To steer clear of these problems, Federal Express must have an unambiguous policy surrounding the retention of and the production of video related to accidents.
Read here: Are There Cameras On FedEx Trucks?
FedEx trucks’ camera footage plays a significant part in accident claims in that they offer critical evidence that can help determine liability and push legal outcomes toward one side or the other. It is a piece of evidence that can either benefit plaintiffs or defendants, depending on the content on the video.
But even with that, there is still the matter of determining the video is legally permissible. Add on top of that, the ever-changing auto accident laws and this quickly becomes an area best left to legal experts.
