The law allows a fully loaded semi-truck to weigh as much as 80,000 pounds, or roughly 20 times more than an ordinary passenger car. In unlikely to offer you any advantage. According to the Federal Motor Carrier Safety Administration, large trucks cause thousands of fatal crashes each year across the United States. Utah's canyon highways and mountain passes carry a higher proportion of that traffic.
We have handled truck accident claims in Salt Lake County, Utah County, and along the I-15 corridor. We can say the single piece of evidence that has the greatest impact on the outcome is a few seconds of dash cam footage. The following article explains why, by referring to actual legal procedures rather than giving general advice, you will know what your video can achieve in your claim before you give it to anybody.
With a two-car fender bender, it's usually just your word against that of the other driver. Your insurance company usually takes care of the entire matter. The situation is different with a truck accident claim since it works against you from the very first hour after the collision.
Because trucking companies carry commercial policies with limits that can reach millions of dollars, their insurers send rapid-response teams, sometimes arriving within hours of being notified of an accident. These teams photograph the scene, speak with the truck driver, and begin building a defense before you've even left the emergency room. Moreover, you're not facing just one defendant. A truck accident claim in Utah can involve the driver, the motor carrier, the company that loaded the cargo, and the business that leased or maintained the trailer, each with its own lawyer and separate motives to shift blame.
Dash-cam footage eliminates the other side's advantage. It gives you and your lawyer an unaltered record that the trucking company's investigators can't dispute.
People often see dash-cam footage as only showing “the moment of impact.” In reality, the frames before and after the collision are usually more important.
This situation does not depend on how well someone remembers events during cross-examination months later. It simply describes exactly what happened at the time it took place.
What matters most in an actual Utah case is an aspect most articles on this subject completely omit.
Large freight companies now fit their trucks with forward-facing camera systems and electronic logging devices that record speed, braking, and driver behavior. Although such systems seem ideal for a plaintiff, many automatically delete older footage when storage fills up. In some cases, they erase it right after an incident unless the company identifies the event or an attorney issues an official preservation request. FMCSA rules set out how carriers must record hours-of-service data. They do not require anyone to keep camera footage indefinitely.
This creates a situation most crash victims never know they are part of. An attorney can send a spoliation letter, often called a litigation hold letter. They can ask the carrier to preserve its onboard data. However, this letter works only if someone sends it before the footage is overwritten. An unrepresented victim may finish physical therapy and decide to contact a lawyer too late. The opportunity may already be gone by then. Your dash cam footage does not depend on the trucking company’s cooperation, storage policy, or good intentions. It saves to your SD card immediately when you remove the card. It remains there as long as you keep it safe.
Utah operates a modified comparative negligence system as stated in Utah Code § 78B-5-818.If a jury assigns you 50 percent or more of the fault for the accident, you receive no compensation at all. This applies no matter how serious your injuries are. If they assign you less than 50 percent of the fault your compensation decreases by your share of responsibility. You still recover damages in that situation.
The fault percentage becomes the most important figure in your case. When there's no independent footage, it's usually determined by the person who presents the more compelling story. If an adjuster is looking only at the skid marks, photographs of the property damage, and the police report, he or she can claim you were following too closely or changed lanes unsafely, driving your fault percentage toward the 50 percent threshold. However, footage showing you stayed in your lane, had the right of way, or responded reasonably when the truck moved gives your lawyer a solid basis for negotiation rather than forcing you to deal with conflicting accounts.
Yes, and the legal basis is more specific than most people realize. Utah is a one-party consent state under Utah Code § 77-23a-4. You may record audio or video as long as there is at least one party to the conversation or scene. In this case, you, as the driver, agree to the recording. In such a case, you do not have to obtain permission from the truck driver, from the other motorists, or from anyone else who is in the footage.
The fault percentage becomes the most important figure in your case. When no independent footage exists, the party who presents the more compelling story usually decides it. You own the footage and can share it, make copies, or give it to your lawyer at any time. The truck’s onboard event data recorder, which is regulated separately by Utah Code Title 41, Chapter 1a, Part 15, belongs to the vehicle owner, generally the trucking company, and usually requires a subpoena, a court order, or the owner’s permission in order to be accessed. That's why your own footage matters. It is evidence you control from the first second, in a situation where almost everything else is controlled by the other party.
The truck’s onboard event data recorder falls under separate regulation by Utah Code Title 41, Chapter 1a, Part. The vehicle owner, generally the trucking company, controls this device. You usually need a subpoena, a court order, or the owner’s permission to access its records. That is why your own footage carries such weight. You control that evidence from the very start. You face a situation where the other party holds nearly everything else.
Raw footage on a memory card by itself won't be enough to win a case. That's how we turn it into evidence that stands up.
| Evidence Type | What It Shows | Main Limitation |
| Police report | Officer’s summary and initial fault opinion | Written after the fact, often based on statements and physical evidence alone |
| Witness statements | What bystanders recall seeing | Memory fades and can be influenced by stress or bias |
| Truck’s ELD and telematics data | Speed, braking, hours of service | Controlled by the trucking company and may overwrite quickly |
| Vehicle damage photos | Point and severity of impact | Shows the result of the crash, not the moments leading up to it |
| Dash cam footage | Real-time lane position, speed, signals, and driver behavior | Only as useful as the footage quality and how quickly it gets preserved |
In certain sections of Utah highways, there is more than average truck traffic and a higher-than-average level of crash severity, which is why the footage is so valuable.
The Utah Highway Patrol frequently responds to accidents on these roads. Scenes in remote sections are often chaotic, and official investigations can be slow. However, footage that is available outside of that process will uphold your claim no matter how quickly or slowly the official record is put together.
If you've been injured in a truck accident on I-15, I-80, US-6, or elsewhere in Utah and the insurance company refuses to take responsibility, there's no point delaying action to keep your evidence. Take your dash cam's memory card, along with any photos or documents you currently have. Attend a free consultation so we can begin building your claim while the evidence is still available.
Dash cam footage can provide valuable evidence showing how a truck accident occurred, including traffic conditions, driver actions, and events leading up to the collision. If you were injured in a Utah truck crash, preserving available video evidence can be important when determining fault and pursuing a personal injury claim. BAM Personal Injury Lawyers can help investigate the crash, identify relevant evidence, and assess your legal options. Contact us today for a free evaluation of your trucking injury claim.
By no means do the laws of the state of Utah or the Federal Motor Carrier Safety Regulations mandate that trucking companies fit their vehicles with forward-facing or driver-facing cameras. Although many larger companies install camera systems to monitor driver behavior and protect themselves against claims. Many smaller companies and independent owner-operators have no cameras at all. That is precisely the reason why your own dash cam footage is so important in a claim in Utah. It might be the only existing visual record of the accident.
Certainly. Whether the footage comes from a phone-based dash cam app or from a dedicated device, it is handled in the same way when making a claim, provided that the file's date, time, and location metadata remain intact and unaltered. Insurance adjusters and courts place more importance on the footage's authenticity and chain of custody than on the type of device used to record it. On the other hand, a dash cam that is mounted usually gives a more stable image and more reliable metadata than one that is simply placed on the dashboard. This point should be taken into account if you have not already bought a camera.
Even low-quality or partial footage has genuine worth since a few seconds showing the truck's speed. Its position in the lane, or its movement immediately before the collision, can support your version of events. Your lawyer can combine this partial footage with other evidence. For example, data from the truck's black box, recordings of the 911 call, or footage from nearby traffic cameras—to address the missing parts. Forensic video experts may also, in some cases, enhance and examine blurry footage frame by frame. Don't conclude that unclear footage is of no value until your attorney has had a chance to review it.
Certainly. Video footage from a witness's dash camera—whether they were driving behind you, alongside you, or coming at you from the opposite direction. They can serve as independent third-party evidence in your case. Insurance adjusters and juries often view this footage as more credible because the witness has no financial interest in the outcome of your claim. If the witness stopped at the scene, immediately get their name and contact details. Ask your attorney to locate them using the witness list on the police report if you haven't already.
Clear dash cam footage often leads to faster, higher settlement offers because it limits the insurance company's ability to dispute the facts. Because adjusters often disregard claims when there is uncertainty about who was at fault. Clear footage removes much of that uncertainty from the negotiation process. Although the footage by itself won't determine a specific amount. Your settlement amount also takes into account the medical treatment you've received, the wages you've lost, and your long-term prognosis. It consistently improves your negotiating position in a truck accident case that takes place in Utah.
Footage showing you played some role in the crash does not automatically bar you from compensation. Utah’s comparative negligence rule only cuts off recovery once your fault reaches 50 percent or more. In some cases, footage that shows exactly what you did, rather than leaving it open to the trucking company’s speculation. They can cap your fault percentage lower than what their insurer would otherwise argue. Before sharing footage with anyone, including your own insurance company, talk to an attorney first so the footage gets presented with proper context instead of being taken out of order.
Keep your original footage indefinitely, or at minimum until your claim fully resolves and the statute of limitations period has passed. Utah generally allows four years to file a personal injury lawsuit under Utah Code § 78B-2-307. Back up the file in at least two separate locations, such as cloud storage and an external hard drive. Most dash cams record in a continuous loop that will eventually overwrite and permanently delete the file. Removing the memory card from the device right after a crash remains the single most important step to avoid losing the footage by accident.
You can technically send footage directly to an adjuster yourself. Doing so without legal guidance often works against you. Adjusters are trained to follow up with questions or request a recorded statement that can shift blame back onto you. An attorney controls exactly how and when your footage gets disclosed. They often hold it until it carries the most leverage in settlement talks or litigation. Handing over raw footage too early, without the context of a formal demand letter, gives the trucking company’s legal team time to build a defense around it instead of being caught off guard.
See also: What Happens When a Truck Driver Tests Positive for Drugs or Alcohol After a Utah Crash?, How Improperly Loaded Cargo Causes Truck Accidents in Utah
Kigan Martineau is a Partner at BAM Personal Injury Lawyers and an accomplished trial attorney representing injury victims across Utah and Idaho. A graduate at the top of his class from American University Washington College of Law, Kigan specializes in complex motor vehicle crashes, commercial trucking litigation, and wrongful death claims. He achieved the highest settlement in Southern Utah history and has helped secure over $100 million in cumulative resolutions for the firm’s clients.
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