What Happens If the At-Fault Driver Had a Dashcam and Deleted the Footage?

In Arizona, if an at-fault driver deletes dashcam footage following an accident, courts can impose sanctions for spoliation of evidence. This legal principle holds that destroying or failing to preserve relevant evidence can lead to consequences such as adverse inference instructions, where the jury is told to assume the missing footage was unfavorable to the party responsible for its loss.

Recent Case in Arizona

In the case of Woods v. Scissons, the court addressed the issue of spoliation involving police dashcam footage. The court found that the automatic deletion of dashcam footage constituted spoliation when a serious injury occurred during an arrest. This case underscores the importance of preserving video evidence in legal proceedings. [Source: Woods v. Scissons]

Arizona Law and Your Rights

Arizona law requires parties to preserve evidence that may be relevant to anticipated litigation. Deleting dashcam footage after an accident can be seen as an attempt to destroy evidence, leading to legal repercussions. Courts may instruct juries to presume that the lost evidence would have been unfavorable to the party responsible for its destruction. [Source: Woods v. Scissons]

What To Do Next

If you suspect that an at-fault driver has deleted dashcam footage after an accident, it’s crucial to act promptly. Consulting with experienced personal injury attorneys can help you understand your rights and the best course of action. Attorneys like Jack Hirsch, a Certified Specialist in Personal Injury and Wrongful Death, and Chelsie Talcott, a former Maricopa County Deputy Public Defender, have the expertise to navigate these complex situations.

At Hirsch Talcott, we operate on a contingency fee basis, meaning you pay no fees unless we win your case. [Source: our fee structure]

For a free consultation, contact Hirsch Talcott at 602-903-6000. Our team is dedicated to protecting your rights and ensuring that justice is served.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix wrongful death lawyer to understand your options.