Can Dash Cam Footage Affect My Car Accident Case?
- October 14, 2024
- Categories: Vehicle Accidents
In California, dash cam footage can be used in a car accident case. There is no specific state law that addresses the use of dashcams in personal injury claims, and attorneys have been known to utilize them as evidence when negotiating aggressively with insurance companies. Although dash cams are still primarily an after-market feature, a surprising number of new car manufacturers are installing them as factory built-in technology.
Luxury brands like Tesla, Mercedes-Benz, Audi, and BMW currently offer dash cams as an integrated part of their multi-media interface. An increasing number of other mainstream automakers have also begun installing dash cams as factory built-ins, so their prevalence is increasingly widespread. This means that both you and the other driver could have access to your own dash cam video after a crash. Exactly what the footage shows depends on the angle, speed, and lighting when the crash recording happened.
Dashcam footage can be very useful because it shows what happened before, during, and after a collision, which can strengthen your case if you’ve been injured by a careless driver who caused the crash. The flip side, however, is that dash cam footage can also be used by defendants to show that you were distracted, texting, or otherwise disengaged when the crash happened, so it’s a double-edged sword.
If you or a loved one has been injured in a traffic collision, and you’re wondering if dash cam footage affects your car accident case, the best thing to do is to speak to a skilled car accident lawyer who can view the footage, analyze its usefulness, and advise you about next steps.
Are Dash Cams Legal in California?
Dash cams are legal in California, but certain stipulations apply. They were indirectly legalized in 2011 through legislation that addressed passenger notification rules. For example, drivers must notify passengers if a dash cam is recording. This is especially true if it is capturing audio. Audio from a dash cam may not be usable in a car accident claim if it records private, protected speech in some cases. A knowledgeable attorney can advise you on this.
In California, a dash cam cannot be located anywhere near where an airbag could deploy. In addition, if the dash cam is installed as an after-market feature, the law requires that the dash cam must not obstruct the driver’s view of the road and other vehicles (factory-installed, pre-market dash cams typically already adhere to this rule). In California, dash cams must be fewer than 5 square inches if they’re located in the upper center area of the windshield; they cannot be larger than 7 square inches if mounted in the lower right corner of the windshield.
Here are some additional questions motorists may have about dash cam footage and its impact on car accident cases in California:
1. Can the Police Take the Dash Cam for Evidence?
If police request access to your dash cam footage, you do have the right to refuse. But if the footage is relevant to a case they are investigating, police can obtain a warrant to take the footage, and it is then illegal for you to decline.
2. Do Insurance Companies Accept Dashcam Video?
Yes, most insurance companies accept dashcam video just like they accept photos and eyewitness accounts to determine who was at fault for a car accident. However, there may be some insurance companies that don’t. Check with your policy, your insurance agent, or attorney to determine if dashcam video is useful in your claim.
3. Can I Destroy My Dash Cam Video If It Hurts My Case?
You cannot destroy your dashcam footage after police have issued a warrant requesting it because that would be considered tampering with evidence, which is a crime. Whether or not you can delete dash cam video before police request it or before the other driver’s insurance company contacts you to get a copy is something your attorney can advise you about.
Negligence Is a Key Factor in the Outcome
Dash cam video may or may not be useful to your attorney in proving that the other driver was negligent. Your video could either help you or hurt you depending on what happened immediately before and during the crash. To prove negligence in a car accident case, your lawyer must show that four elements were present and the guilty party failed to take reasonable care to prevent or avoid the collision. These 4 elements include:
- Duty – The other party had a duty of care to follow traffic rules and ensure the safety of other motorists.
- Breach – The other party breached that duty of care by behaving recklessly and disregarding the safety of other motorists.
- Causation – The other party’s distraction or recklessness caused you to sustain injuries and/or property damage.
- Harm/Compensation – Your injuries resulted in economic and non-economic damages that can be measured and compensated for financially.
A highly skilled lawyer knows how to prove the four elements of negligence in a hydroplaning accident and build a convincing legal case on your behalf.
Neale & Fhima Will Fight for You
If you’ve been injured in a car crash, the personal injury lawyers at Neale & Fhima will fight aggressively for the compensation you deserve. Attorney Aaron Fhima is among the best and the brightest, and he is joined by an outstanding legal team. Our clients are more than a number on a case file — they are like family. We care about their concerns, questions, and their future. At Neale & Fhima, our personal injury attorneys have an impressive record of recovering more than $50 million in rightful compensation for victims throughout Southern California. Call us for a free consultation about your case at 888-407-2955.