Jan162026
Real Estate Q&A Series

Can dash-cam video and photos be used to prove what happened and who caused the crash? – North Carolina

Short Answer

Yes. In North Carolina, dash-cam video and crash photos can be used as evidence to help show how a collision happened and who was at fault, as long as they are properly identified and shown to be reliable. Video and photos often help resolve disputes about lane position, timing, speed changes, and impact points—especially in highway merging or lane-change crashes. They usually work best when paired with other proof like the investigating officer’s report, witness statements, and vehicle damage documentation.

Understanding the Problem

In a North Carolina highway crash, can dash-cam footage and scene photos be used to show what occurred during a merge or lane change and to support a claim that the commercial truck caused the collision, including when the truck continued driving before stopping and a law-enforcement report exists but must be requested later?

Apply the Law

North Carolina generally allows photographs and video to be used as evidence in civil cases when a proper foundation is laid—meaning someone can explain what the images show and why they fairly and accurately depict the scene or events. The key legal focus is not whether the evidence is “dash-cam” versus “phone,” but whether it is authentic, relevant, and not misleading. In an insurance claim or lawsuit about fault, the footage and photos can support (or undermine) a negligence theory by showing lane position, turn-signal use, following distance, point of impact, and whether a driver failed to stop and exchange information after a crash.

Key Requirements

  • Authenticity (proper foundation): A witness must be able to identify the video/photos and explain that they fairly and accurately show what they claim to show (for example, the roadway, vehicles, and the collision sequence).
  • Relevance to fault: The images must help prove a disputed issue, such as which vehicle changed lanes, where the impact occurred, or whether a driver left the scene before stopping.
  • Reliability and completeness: The evidence should be preserved in its original form when possible, with clear information about when it was recorded and whether it has been edited, cropped, or overwritten.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The dash-cam video and photos can help authenticate what occurred during the merge/lane-change sequence by showing lane markings, relative vehicle positions, and the moment of impact. If the footage captures the commercial truck continuing down the highway before stopping, that can also support the timeline and may relate to the statutory duty to stop and exchange information. To be usable, the evidence should be preserved in a way that shows it is the original recording (or a faithful copy) and that it has not been altered in a way that changes what it depicts.

Process & Timing

  1. Who files: The vehicle owner/driver (or their insurer/attorney). Where: With the insurance adjusters handling the claim and, if a lawsuit becomes necessary, in the North Carolina trial court handling the case. What: Provide the original dash-cam file when possible (not just a screen recording), plus a short written description of the date/time, device used, and what the clip shows; provide photos of vehicle damage and the scene. When: As early as possible, before the dash-cam overwrites older footage.
  2. Request the officer’s crash report: If law enforcement responded and prepared a report, request it through the appropriate channel identified for North Carolina crash reports; the report can help confirm parties, insurance information, and the officer’s initial observations.
  3. Preserve the evidence for later: Keep a backup copy in a safe location, keep the dash-cam device/card if feasible, and document who has had access to the files so the evidence can be explained later if the claim is disputed.

Exceptions & Pitfalls

  • Edited clips can create disputes: Cropping, adding captions, changing speed, or exporting in a way that removes metadata can lead an insurer or defense to argue the footage is incomplete or unreliable. Keeping the original file helps.
  • Video may not show everything: A wide-angle lens can distort distance and speed, and the camera may not capture blind spots. Photos of damage patterns and skid/road marks can help fill gaps.
  • Fault disputes in lane-change/merge crashes: These cases often turn on small details (signal use, timing, lane position, and safe clearance). Even strong video should be paired with consistent statements, the crash report, and repair documentation.
  • Injury uncertainty and pre-existing conditions: When symptoms overlap with prior conditions, clear documentation of new or worsened symptoms and the timing of treatment often matters as much as the crash footage.

Conclusion

In North Carolina, dash-cam video and photos can be used to help prove how a crash happened and who caused it if they are properly identified and shown to be accurate and reliable. They are especially useful in highway merge and lane-change disputes because they can show lane position, timing, and the impact sequence. The most important next step is to preserve the original dash-cam file immediately (before it is overwritten) and provide a clean copy to the insurance carrier handling the claim.

Talk to a Real Estate Attorney

If dealing with a disputed highway collision where dash-cam footage and photos may determine fault, our firm has experienced attorneys who can help explain options, evidence steps, and timelines under North Carolina law. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Real Estate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.