Whiplash is a common injury after a car crash. It usually happens when your head is quickly jerked back and forth, like in a rear-end collision. This sudden movement can hurt your neck, shoulders, and back. Many people with whiplash feel pain for weeks or even months. Some also have headaches, dizziness, or trouble sleeping. What makes whiplash tricky is that it does not always show up right away, and it is hard to see in X-rays or scans. That means it can be tough to prove how serious it is without more help.
What dashcams are and how they work
Dashcams are small cameras that sit on your dashboard or windshield. They record what happens in front of or inside your car. Some models even show the back view. Dashcams turn on automatically when you drive, saving video clips of your trip. If you are in a crash, that footage may show what really happened. It can capture how fast cars were going, what lights were doing, and even how hard the impact was. This makes dashcams helpful tools in car accident cases, especially when there is a disagreement about who caused the crash.
How Florida laws treat dashcam footage in court
In Florida, dashcam footage is allowed as evidence in court if it meets certain rules. First, the video must be clear and not changed in any way. Second, the person sharing the footage needs to show it is real and taken during the crash. Courts also look at whether the video is fair to both sides and does not confuse the case. Florida is a no-fault state, which means your own insurance usually pays your medical bills first. But if your injuries are serious, like lasting whiplash, you can still sue the other driver. In these cases, dashcam video can help prove who was at fault and how the crash happened.
Why video proof is so important in whiplash claims
Because whiplash is hard to see on medical tests, some insurance companies may question if you are really hurt. They may think you are exaggerating or even lying. That is where dashcam footage can make a big difference. If your video shows a hard rear-end collision, that can support your claim. It gives a clearer picture of the impact and why your injuries make sense. For example, if the video shows another driver speeding and not braking before hitting you, it can help prove they were careless. This can make it easier to get fair compensation for your pain, lost wages, and medical care.
Michael Serrano
Founding Attorney
Candace “Cea” Hartley
Associate Attorney
How insurance companies react to dashcam evidence
When you file a whiplash claim, your insurance company or the other driver’s insurer will look for proof. If you include dashcam footage, they may take your claim more seriously. A video can settle arguments faster and keep your case from dragging out. Sometimes, it can even help you avoid going to court. On the other hand, if the video shows something that weakens your case, such as a sudden stop on your part, it could make things harder. That is why it is smart to go over the footage with someone who knows the law before sending it in.
When dashcam footage helps the most
Dashcam videos can be especially helpful when there are no witnesses. If no one else saw the crash, it may be your word against the other driver’s. But a video is like a witness that does not forget. It shows the truth of what happened in real time. The footage can also help in hit-and-run cases. If the other driver speeds off, your dashcam might catch their license plate or the color and make of the car. That can help police find them. In whiplash cases, showing the exact moment of the crash can explain why your injury happened the way it did.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”
- Mary
Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"
- Kylie Collier Border
I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."
- Sandy Carter
Florida’s comparative fault rule and what it means for your case
Florida follows a rule called modified comparative fault. This means if you are partly to blame for the crash, your payment can be reduced. For example, if you were 20 percent at fault, your money may be cut by that amount. But if you are more than 50 percent at fault, you may not get anything. Dashcam video can help lower or erase your share of fault by proving the other driver’s actions. For instance, the footage may show they were texting, speeding, or following too closely. This can protect your right to full payment, especially in tricky whiplash claims.
Things to remember when using dashcam footage
If you have dashcam footage of your crash, keep it safe. Do not delete or edit it. Save copies in more than one place. The date and time on the video should match the crash details. Make sure your dashcam was working right and that the view was not blocked. If the video has sound, it may also catch voices, horns, or tire screeches that help your case. Do not post the footage online, as that can sometimes hurt your case. Let your legal team look at it first to decide how and when to use it best.
What happens if the other driver has dashcam footage
Sometimes the other driver may also have a dashcam. If so, their video could help you, or it could hurt your case. Florida courts can order both sides to share any video evidence. If their footage proves they were at fault, it strengthens your case. But if it shows you made a mistake, it could work against you. This is why both sides often look at all dashcam clips closely. The more you understand the full picture, the better you can plan your next steps.
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Dashcams are legal in Florida but come with privacy rules
You are allowed to use dashcams in Florida. However, there are some rules. If your dashcam records sound inside the car, you should tell any passengers that they are being recorded. This is part of Florida’s two-party consent law, which protects people’s privacy. Outside the car, you do not need permission to record the road or other cars. Still, it is wise to use your dashcam properly and not use it to spy on people or invade privacy.
Choosing the right dashcam for your safety and protection
If you do not already have a dashcam, getting one can be a smart move. Look for a camera that records in high quality and works well at night. A wide-angle lens can capture more of the road. Some dashcams have GPS tracking, which adds helpful data like speed and location. Others upload clips to the cloud so you do not lose them in a crash. Think about what features matter most to you and pick a camera that fits your needs. Having one can give you peace of mind every time you drive.
How your story and your video work together
Dashcam footage does not tell the whole story by itself. Your personal story matters too. After a crash, write down everything you remember. Keep records of doctor visits, pain levels, and how your life changed. This shows how whiplash has affected your daily routine. Your video supports that story by showing how the crash happened. When both pieces fit together, they make a strong case. They help others understand the full truth and why you deserve help and fairness.
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Taking action after a whiplash injury in Florida
If you were hurt in a crash and think you have whiplash, see a doctor right away. Early treatment can help you heal faster and may catch other hidden injuries. Save all medical records, receipts, and notes about your pain. If you have dashcam footage, save it too. Do not talk about your case on social media or with insurance agents before getting legal advice. What you say can be used against you. Talking to someone with legal knowledge can help protect your rights and guide your next steps.
Let us help you use your dashcam the right way
If you are facing whiplash after a car crash in Florida, dashcam footage might be the key to winning your case. But using it the right way is important. At Serrano Law, we help people just like you understand what the footage shows and how to use it in your favor. We know how to build strong cases that tell your story clearly and honestly. If you are hurt and unsure what to do next, reach out to our team. We are ready to review your case and help you take action. Contact Serrano Law today to get the help and answers you deserve.
