I deleted the dashcam after my employee's Rehoboth deer crash, did I ruin everything?
Worst case: yes, deleting dashcam footage can seriously hurt a claim if it was the clearest proof of what happened on Route 1, Coastal Highway, or another Rehoboth Beach road, especially if fault is disputed.
But it does not automatically destroy the case.
Things go better when other evidence still exists, and in crash cases that evidence disappears fast. Act today, not next week.
If Delaware State Police responded, get the DSP crash report number immediately and request the report through the state system once available. If your employee was hurt on the job, notify your workers' compensation carrier right away and preserve the employer's internal incident report, delivery logs, GPS history, and work schedule.
You also need to lock down every other source of proof before it is overwritten:
- Vehicle photos showing front-end damage, animal impact, skid marks, debris, and final resting position
- Scene photos from Rehoboth Beach roads, shoulders, signage, lighting, and any blood or deer remains
- Witness names and phone numbers
- Phone records to show your employee was not texting at the time
- Nearby surveillance footage from businesses, gas stations, or homes
- Repair estimates and tow records
- Any Amazon Flex/app delivery logs or route timestamps if applicable
If another driver caused the head-on collision after swerving for a deer, the deleted dashcam matters less if the physical evidence, witnesses, and police findings still show that driver crossed the center line. That also matters under Delaware's modified comparative fault rule: if your employee is found more than 50% at fault, recovery is barred. Strong substitute evidence can keep fault from sliding the wrong way.
Also check whether the dashcam file is truly gone. Some systems keep footage on the SD card, cloud account, paired phone app, or a recoverable memory partition. Stop using the device now so old data is not overwritten.
This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.
Speak with an attorney now →