Dash cam footage can be a vital piece of car accident evidence, helping establish who should be held responsible for the crash and any related injuries. Dash cams are legal in California, but rules govern their use. If you’re considering adding a dash cam to your car, it’s essential to understand dash cam laws in California, how this technology can help bolster a personal injury claim, and how an experienced car accident lawyer can use dash cam evidence to strengthen your case.
What is a Dash Cam?
A dash cam is a small, high-resolution camera that records video and audio from the top of a vehicle’s dashboard. It may plug into the car’s accessory power port or operate with an internal battery, recording what happens as a motorist drives. More advanced models can also log a car’s speed and location.
Some models may automatically retain footage if they detect sudden deceleration or other indications of a collision. Others require the owner to save specific footage manually.
Video evidence of the moments leading up to a crash, especially footage containing information about the car’s rate of speed or location, can be invaluable in car accident lawsuits. Disputing video evidence of a collision can be incredibly challenging for defendants, making dash cam footage a valuable tool for crafting solid car accident claims.
Benefits of Using Dash Cams
The most common reason drivers install a dash cam is to collect timely, visual proof if a motor vehicle accident occurs. Video evidence often makes reconstructing the collision easier because the footage can capture what went wrong. Some models can detect the speed of nearby cars, so if a speeding driver hits you, the dash cam footage could provide electronic data to bolster your claim. Or if you suffered injuries in a hit and run, dash cam footage could provide the at-fault driver’s license plate number and the make and model of the vehicle they were driving. This could help police locate the negligent driver and hold them accountable for breaking the law.
A dash cam can also record any conversations you have with the police about the accident. Knowing what was said could be important during settlement negotiations with the insurance company. Your car accident attorney can advise about the best use of dash cam footage.
Dash Cam Laws in California
Increased awareness of privacy laws leads many drivers to ask, “Are dash cameras legal in California?” The answer is yes. California laws stipulate the following regarding dash cam use:
- Cameras must comply with the California dash cam mount law. Dash cams must be no greater than five square inches if placed in the lowest corner of the windshield nearest to the driver or in the top center portion of the windshield. If installed in the lower right corner, they must be less than seven square inches.
- Dash cam placement cannot hinder airbag deployment. If you need clarification about your airbags’ location, you can get help from a local dealership or reputable mechanic to ensure your dash cam installation complies with the law.
- Cameras can only record the 30 seconds before and after a triggering event. Car accidents count as triggering events.
- Cameras may not record audio of passengers without their consent. Make sure to notify your passengers that you are using the dash cam.
Why Do I Need Consent to Record With a Dash Cam?
Privacy laws still apply even though dash cams are legal in California. If your dashcam has an audio feature, you must inform your passengers and comply if they request you to turn it off. A commercial driver, such as a rideshare driver, should place visible signage in the car to inform occupants that they may be recorded. Violations could result in hefty penalties for invasion of privacy.
Can Dash Cam Footage be Used as Evidence in Court?
Yes. Dash cam footage is admissible as long as the footage complies with California law. As far as evidentiary rules go, dash cams are usually considered in the same class as doorbell cameras or other types of private security recording. However, you may not be able to selectively choose footage of the crash to use as evidence in your favor.
Depending on the model of dash cam you have, it could detect your car’s speed, how you were steering at the time of the wreck, seat belt usage, your conversations inside the vehicle, and when and whether you braked. Any footage you may use as evidence may also be given to the defense in the discovery phase of an auto accident lawsuit. Give the entire video to your car accident attorney first and let them determine whether it works in your best interests.
Remember, each car accident case is different, and the laws can change. It’s essential to ask your lawyer whether your specific footage is allowed in civil court.
Have You Been Injured in a Car Accident?
Having a dash cam can strengthen your car accident claim if you suffer injuries in a crash. If you’ve been hurt, a Sacramento car accident attorney from Demas Law Group can review your dash cam footage to see whether it will advance your case.
Our personal injury law firm works tirelessly to pursue the highest settlement or verdict amount possible. You can count on us to protect your rights at every step. Even better, we can handle all the legal legwork while you focus on recovering from your injuries and getting your life back. We strive to make the process as stress-free as possible and have a proven track record of success.
Ready to get started? Contact our office today for a free initial consultation with an experienced car accident lawyer.
