Can Dashcams Be Used as Evidence in Car Accident Cases?

March 20, 2024

Dashcams, which are small cameras mounted on a vehicle’s dashboard or windshield, have become increasingly popular among drivers over the past few years. Drivers use dashcams to capture memories of their journeys and record scenic drives and road trips. However, dashcams can also serve a practical purpose, using their footage as evidence in a car accident.

There are many advantages that dashcam footage provides in the event of a car crash:

• Captured footage provides an unbiased account of events leading up to, during, and after the accident.
• Footage can help investigators determine fault.
• Can help establish a sequence of events necessary for settling insurance claims and legal disputes.
• Provides real-time, unedited events, unlike eyewitness testimonies, which can be subjective and inaccurate.
• Can provide information such as the speed at which the cars traveled or whether traffic laws were obeyed.

After the accident event, dashcam footage may even show the other driver’s impairment, such as being under the influence of drugs or alcohol, their hostility towards you, or may even pick up their apology.

There are some limitations to using dashcam footage as evidence, including:

• The authenticity of the footage may be questioned, such as whether it has been tampered with or altered in any way. However, some dashcams are beginning to implement tamper-proof technology or GPS tracking to prevent this.
• The field of view of a dashcam can be limiting.  While it provides front and sometimes rear footage, most dashcams cannot go beyond that view.
• Some dashcams can obstruct the driver’s view of the road when improperly positioned on the dashboard or windshield, which can also cause an accident.
• You may not use dashcam footage if the recording occurred on private property or in a restricted area, such as government property.

Dashcams are legal in every state, with many states allowing dashcam footage to be used in accident cases.  However, not every state allows recorded footage to be used in a legal matter because of consent.  In some states like Delaware, Pennsylvania, and Maryland, every party that is being recorded must provide consent.  This could make it challenging to use dashcam footage as evidence.

Be aware that some states have regulations on mounting a dashcam.  Most states allow you to use a dashcam mounted to your windshield, but other states, including Delaware, have specific mounting rules.

Dashcam footage can provide clear and unbiased information proving liability and what events occurred.  However, even though footage can show that the other driver is liable, it could also show that you bear some responsibility for the accident.  It may even show that you caused the accident instead.  It is treated as any other type of evidence in a legal matter.  This means that it can make your settlement higher or lower depending on what it finds.

Dashcams can be a valuable tool in car accident cases, providing clear and objective evidence that can help establish fault and resolve disputes. While there are limitations to their use, such as authenticity and field of view, these can be addressed through technological advancements and by using dashcam footage in conjunction with other evidence. As dashcams become more common, they are likely to play an increasingly important role in legal proceedings related to car accidents.

Our Wilmington Car Accident Lawyers at Jacobs & Crumplar, P.A. Support Injured Accident Victims With Evidence

If you have been injured in a car accident, there is a good chance either you or the other driver has a dashcam installed.  This, and other pieces of evidence, can provide substantial proof of who is liable for the accident.  Our Wilmington car accident lawyers at Jacobs & Crumplar, P.A. can help. Call us today at 302-656-5445 or fill out our online form for a free consultation.  With our offices located in Wilmington and Millsboro, Delaware, we proudly serve clients in Dover, New Castle County, and Sussex County.