Anyone who has been in a car crash knows how terrifying they can be. Even relatively minor fender benders are traumatic, while high-impact accidents often result in severe injuries.
Worse yet, motor vehicle accidents are often extremely contentious. People often cast blame around and argue that they were not at fault, even when they caused the crash. Some scammers even engineer crashes and then claim that they were the victims.
But many drivers are now turning to dashboard cameras – commonly called dash cams – to capture footage of crashes and other incidents while driving.
Here, we explore the legal, practical, and strategic importance of dash cams in providing evidence for motor vehicle accident cases, especially for those injured through no fault of their own.
If you need an attorney after a car accident, you can trust Bisnar Chase with your case. The firm has been handling motor vehicle accident cases across California for nearly 50 years with a 99% success rate, recovering more than $1 billion for injury victims. Call (800) 561-4887 for a free consultation.
Contents: Using Dash Cams in Car Accident Claims
What is a Dash Cam and How Does it Work?
A dash cam is a video recording device mounted inside a vehicle. These devices are typically used to record continuous video footage while driving, including the road and traffic conditions. These devices come with a power adapter and can be plugged into a cigarette lighter or a USB port, or hard-wired into the car’s electrical system.
You can have single-channel or dual-channel dash cams. Single-channel recording is when a front-facing device is mounted to the windshield or dashboard, recording everything in front of the vehicle.
A dual-channel dash cam is one that also has a rear-facing device attached to the rear windshield, recording everything behind you. Some devices can also record the interior of the vehicle.
Basic dash cams may solely record video footage. It typically records in a loop, overwriting old footage from uneventful drives. But the more advanced dash cams can have all kinds of other features, including:
- Audio recording
- GPS location tagging
- Recorded speed and acceleration data
- Night vision
Most devices record loops that can be manually saved and downloaded. Many also automatically save clips when there is an impact or the vehicle brakes suddenly.
Dash cams are becoming increasingly common in both personal and commercial vehicles. Trucking companies, delivery services, and other commercial ventures often install cameras to ensure good driver behavior and protect against liability. The devices can also be invaluable for individuals involved in accidents.
Built-In Dash Cams
Most people buy external dash cam devices that are attached to the windshield or dashboard using adhesive strips and plug into the car’s electrical system. However, some newer vehicles come with this technology built in.
For example, Teslas built after 2017 have built-in dash cam systems. They have integrated cameras at the front, back, and on both sides of the car. Together, these provide 360-degree video footage while the car is driving. They also have a sentry mode when the vehicle is parked.
It automatically saves footage to a USB drive when there is a collision, when an airbag deploys, or when the driver uses the horn. Drivers and passengers can also manually save the last 10 minutes of footage by pressing a dashboard button.
Tesla is not the only vehicle manufacturer that offers these features. It is likely that more and more vehicles will be fitted with integrated devices in the future, giving drivers access to dash cam footage without having to buy aftermarket devices.
How Dash Cams Can Help Prove Fault in Motor Vehicle Accidents
Dash cam footage can play a key role in the aftermath of a car accident. In many cases, the exact circumstances of a crash are often disputed.
Sometimes, even those involved in an accident do not really know what happened. It can all happen so quickly, and the stress of a crash can even cause people to misremember. In other cases, people deliberately lie about what happened to avoid liability. But that’s where a dash cam is most important.
Objective Documentation of Any Car Accident
One of the most important functions of a dash cam is to capture objective documentation of any road incident, free of bias or influence.
The camera can provide proof of:
- Traffic signal status
- Vehicle positions
- Traffic levels and other road conditions
- Speed
Most importantly, it eliminates ‘he-said/she-said’ disputes by showing exactly how events unfolded, including the precise moment of impact.
Identifying Negligent or Reckless Driving and Pedestrian Behavior
Dash cams can also capture evidence of dangerous driving and negligent behavior on the roads, which can cause or contribute to accidents.
While reckless drivers can lie about what happened, a camera can capture dangerous driving behavior, such as:
- Unsafe lane changes and turns
- Road rage and cutting off other drivers
- Speeding or racing
- Tailgating and other overly aggressive driving
- Running red lights or stop signs
- Distracted driving
When your camera catches definitive evidence of these actions, it can greatly enhance your legal case by proving negligence on the part of the other driver.
It can be especially persuasive when you are trying to make your case to insurers or juries because it directly illustrates the behavior that caused the crash.
CASE STUDY
This published study shows how important dash cams can be in helping experts to reconstruct road accidents and prevent the distortion of the facts.
In this documented case, a pedestrian was hit by a semi-truck, causing fatal injuries.
The accident involved a man in his 30s leaving his vehicle and walking along the side of the road, where he was eventually hit by an articulated truck traveling in the opposite direction.
Law enforcement officers initially presumed the impact was accidental. Recovered data showed the truck was traveling over the speed limit (at about 48 mph). Officers noted that the truck occupied almost the entirety of its lane, and the victim had no history of psychiatric illness.
However, the dash cam inside the truck showed a different story. It clearly showed the pedestrian dash into the middle of the road as the truck approached. He tucked his arms in and braced for the impact, making no attempt to get out of the vehicle’s way.
Experts used timestamped video footage, along with black box data from the truck, to show the moment the pedestrian stepped into the road, and combined the driver’s reaction time and braking speed to produce an exact recreation of the events.
In this case, the dash cam footage completely reframed the understanding of the incident. The death was ruled a suicide.
Preserving Evidence that Might Otherwise be Lost
When there is no video footage of an accident, it can be incredibly difficult to get a clear picture of what happened. It is harder still to prove it.
In most cases, the only other evidence you have consists of witness statements, the recollections of those involved, and the police report.
But the problem is that witnesses often leave the scene without providing anything official in writing, memories of the accidents fade, especially once the adrenaline wears off, and police often arrive well after the fact and come to faulty conclusions.
Having dash cam footage means you don’t have to rely solely on those other flawed factors. It preserves a timestamped record of the moment of the crash, eliminating doubt. This is especially important when small details can make all the difference in determining liability.
The Impact of Dash Cams on Insurance Claims
It’s no secret that dealing with insurance companies can be a nightmare. Whether you’re negotiating with an at-fault driver’s insurers or seeking compensation through your own policy, you are always facing an uphill battle.
That is because insurance companies are focused on paying out as little as possible. They have trained negotiators working to minimize your claim. That’s why it is often a good idea to work with a personal injury lawyer after a car accident.
But no matter the circumstances, having dash cam footage will be a great help.
Faster and More Accurate Claims Investigations
Even when you have video evidence, the insurance company will still work hard to pay you as little as possible. But a dash cam video will make it easier for you or your legal team to argue your case, providing a great negotiating base.
Having video evidence reduces the reliance on subjective statements from you, other drivers, or any witnesses. It also allows for clearer liability determinations, saving everyone time and effort in investigating the incident.
Generally speaking, dash cam footage will allow for clearer determinations and help you make a stronger case for who is at fault. In turn, this will allow you to recover more compensation for your damages and make the whole process move much more quickly.
Preventing Insurance Fraud and False Claims
Fraud has become a major part of insurance claims handling. The number of people staging collisions or exaggerating injuries and damages is increasing all the time. Unfortunately, this impacts people with legitimate injuries and claims.
Dash cam footage can reduce the risk of fraudulent claims. This is especially important when another driver accuses you of causing an accident. When you are found to be at fault, your insurance premiums can spike, and those increases really add up over time.
Having unbiased video footage can make it harder for bad actors to assert false narratives and make successful claims under false pretenses.
How Insurers Use Dash Cam Evidence
While dash cam footage does not guarantee that your claim will be approved or that an insurer will side with you, insurance companies are increasingly recognizing the evidentiary value of this footage. They trust it to help make their decisions.
Most companies now allow policyholders to submit video evidence as part of their claim. They also use it during initial investigations to settle causation arguments. When a video shows clear negligence, it can strengthen the victim’s negotiating position.
Dash Cam Evidence in Personal Injury Lawsuits
In more and more cases, attorneys on both sides are using dash cam footage as important evidence to support or refute a personal injury lawsuit.
Admissibility of Dash Cam Footage in California
In California, dash cam footage is generally admissible as evidence within legal proceedings, provided it meets a few basic requirements.
- The footage must be authentic.
- It is of proper foundation – meaning that it can be trusted as coming from a known and reliable source.
- The video is relevant to the case.
- It is introduced in accordance with proper procedure.
In an age of AI, where you cannot always count on what you see, footage will likely be checked to that it is authentic and unedited. It must be confirmed that the video has not been altered or tampered with.
How Attorneys Use Dash Cam Footage in Litigation
Experienced personal injury attorneys can use dash cam footage to great effect at various stages of a case. Most commonly, it is integrated as a key part of the case strategy.
- The footage will be presented to insurance adjusters to establish liability and force their hand during settlement negotiations before a lawsuit is ever filed.
- If a fair settlement cannot be reached, a lawsuit can be filed against the at-fault party, and any dash cam footage can be introduced into discovery as evidence.
- When a case progresses to trial, the footage will likely be played to the jury on a screen in the courtroom, displayed alongside other evidence and explanations (such as expert witness testimony) to contextualize it. Your attorneys can also pull still images from the footage to use in their presentation.
When you combine this footage with other evidence, such as police reports, eyewitness testimony, medical records, injury analysis, and accident reconstruction, it can provide a jury with a complete picture.
When Dash Cam Footage Can Make or Break a Personal Injury Case
Many injury cases are contentious. At-fault parties are financially incentivized to downplay their role or level of responsibility in an accident.
Admitting fault without a fight can result in massive insurance rises or even lawsuits against assets. This is why accident and injury cases are often so strongly contested.
But dash cam footage will clarify liability and provide clear evidence to support claims of negligent conduct and reckless behavior.
When you are the plaintiff in a legal case that goes to trial, you don’t want to let the defense poke holes or cast doubt over the facts, and you don’t want the jurors to be left guessing or be in any doubt over what happened.
Properly framed dash cam footage leaves no room for doubt. You don’t have to worry about jurors understanding context or believing your story. They can see what happened for themselves.
Legal and Privacy Considerations for Dash Cam Use
It is completely legal to install a dash cam in your car in California and across the U.S. But there are some laws that govern their use. It is important to understand what is and isn’t allowed.
Is it Legal to Use a Dash Cam in California?
Yes, it is legal to mount a dash cam inside a vehicle in California. However, the placement is important.
According to the California Vehicle Code § 26708, recording devices are permitted as long as they don’t obstruct the driver’s view. They are allowed under the following rules:
- The device can be mounted in a five-inch-square area in the bottom left corner of the windshield (driver’s side), a seven-inch-square area in the bottom right corner of the windshield (passenger’s side), or a five-inch-square area in the top center of the windshield. They are commonly mounted behind the rear-view mirror.
- The device cannot obstruct any airbags on the vehicle.
- If the dash cam records audio, the vehicle’s owner must inform passengers that they may be recorded. This rule does not apply to people outside the vehicle.
- The vehicle owner must be able to disable the device when they want to, and any data recorded belongs to the vehicle owner.
Additional rules apply when the dash cam is mounted in a commercial vehicle. For example, when a person is driving in a vehicle with a video recorder as part of their employment, they can request the footage. The unedited footage must be provided to them within five days.
Audio and Video Recording and Privacy Laws for Dash Cams
In most cases, there are no privacy concerns when recording video footage. Videoing in public places – such as streets and freeways – is generally legal.
If footage is captured in a private location, your attorney may need to verify that it was legally recorded. However, that is rarely an issue with dash cam footage, as even private parking lots that are public-facing are considered fair game for video recording.
However, audio is sometimes a different story. California is a two-party consent state. This means you need to notify passengers in the vehicle before recording audio.
These privacy considerations generally do not apply to audio recordings of outside noise. If the camera captures sound from outside the vehicle in a public roadway, this can usually be used without notifying or obtaining consent.
Best Practices After an Accident Involving Dash Cam Footage
You need to follow these best practices to protect your rights and ensure you can use your dash cam footage in any subsequent legal action.
Preserving the Footage
Following an accident, you need to ensure that your dash cam footage is preserved. That means you must save the original video file. Do not overwrite, edit, or alter the footage in any way, as this could compromise its admissibility or credibility in any legal proceedings.
Avoid Sharing Footage Directly with Insurers
For many people, their first action after a car accident is to contact their insurance company or to file a claim with the at-fault party’s insurer. Early in this claims process, the insurance companies might request that you send over your dash cam footage to them. But you should always speak to an attorney first.
Even video footage can be taken out of context or used to spin a certain narrative. But an attorney working in your best interests can help ensure the footage is used properly.
Your lawyer will determine the timing and manner of sharing the footage and ensure it is properly contextualized to maximize its value and avoid misrepresentation.
How Attorneys Evaluate and Use Dash Cam Evidence
Experienced personal injury attorneys will analyze dash cam video footage in the context of overall liability and causation. Even if the footage shows poor driving by the victim, it can be used to establish that another party bore a greater share of the blame.
The job of your legal team will include correlating the video with physical evidence, medical injury reports, and expert testimony to build a cohesive and persuasive narrative.
Limitations of Dash Cams (and Why Legal Guidance Still Matters)
While dash cams can provide strong evidence in the event of a car accident or road incident, they are not foolproof. They have limitations that can reduce their evidentiary impact.
- Camera angle limitations may miss critical views. No matter where a camera is mounted in a vehicle, it will never capture everything on the road around it. Most dash cams have a field of vision of 140-170 degrees. Wide-angle lenses can capture multiple lanes and some peripheral areas, but there will always be blind spots. An exception is the integrated cameras in a Tesla and other top-of-the-line vehicles, which use multiple cameras to provide 360-degree views.
- Low image quality or poor lighting can impact footage clarity. Mobile camera technology is constantly improving, and even cheaper models can now capture high-quality footage. But some cameras are better than others, and some devices might produce grainy footage. External issues can also impact the result, such as low lighting or glare.
- No audio context if the mic is disabled or you do not have permission to record. Even with clear video footage, you sometimes need additional information, such as accompanying audio. Without that contextualization, it can be difficult to know what is happening or get a clear understanding of the situation. This can be an issue when the microphone does not pick up what is being said outside the vehicle, or the audio is made inadmissible by privacy laws.
Even if everything goes right and you have crystal-clear footage and audio, it may not be a silver bullet that automatically wins a legal case. It still depends on the circumstances of the accident.
Even with video footage, two parties may still interpret a situation differently and disagree on who is at fault. This is why legal analysis and strategy remain essential in successful car accident legal cases.
Do Dash Cams Reduce Accidents or Improve Driver Behavior?
Some research indicates that the growing use of cameras and GPS software can improve driver behavior by increasing accountability. Drivers who are aware that they are being recorded tend to drive more cautiously, potentially reducing the risk of accidents.
Legal Action and Social Media Shame
The rise in dash cam evidence has made some people think twice about driving recklessly, in part because they are now more likely to lose a legal claim. But people also fear going viral on social media.
There are entire accounts and channels dedicated to dash cam clips of car accidents and road rage incidents. Knowing that your poor driving could be seen by many people online and potentially impact other areas of your life, such as your employment, can be a powerful deterrent.
Backed by Studies
The fact that dash cams can influence driver behavior is not just speculation or conjecture. There are numbers to back it up.
Several studies have examined a potential correlation between video recording and driver behavior.
- Simons-Morton et al. had a controlled trial published in the Journal of Adolescent Health. They worked with a group of newly licensed teen drivers who had event-activated cameras in their vehicles and were given feedback based on the results.
- Peek-Asa et al. had a study published in Accident Analysis & Prevention. They also worked with newly licensed drivers, providing feedback on unsafe driving events captured by in-vehicle cameras.
- Hickman and Hanowski produced a quasi-experimental study for the Federal Motor Carrier Safety Administration. They worked with two groups of commercial drivers to measure safety-related events for drivers with and without feedback.
While these studies had limitations, they showed a general trend that cameras do influence driver behavior, especially when combined with feedback and accountability. The demonstrable impact included showing a significant reduction in safety-related events per mile.
Conclusion: Dash Cams as a Powerful Tool for Car Accident Injury Victims
Dash cams have transformed how motor vehicle accidents are documented, evaluated, and litigated. Car crashes have always been subject to he-said/she-said arguments, with negligent drivers sometimes lying about the circumstances of an accident and arguing that they were not to blame.
By providing clear, objective, and timestamped visual evidence, dash cams can streamline insurance investigations and strengthen personal injury claims. They have had a major impact on driving behavior by enhancing accountability on the road.
It works the same way as police bodycams, reducing the potential for false claims and unreliable witnesses. However, dash cam footage is only as useful as its proper handling and legal interpretation.
If you’ve been injured in an accident and have dash cam video, you should consult with a qualified personal injury attorney to ensure that the evidence is preserved, contextualized, and presented correctly. Dash cam footage must be used strategically to maximize the financial compensation you could recover.
Bisnar Chase is a top-rated personal injury law firm that has been winning motor vehicle accident cases for nearly five decades. It has a nationwide reputation, with a 99% success rate and over $1 billion recovered for its clients. The firm’s outstanding attorneys routinely work with experts to analyze and use dash cam footage and other state-of-the-art methods to maximize compensation for their clients.
Brian Chase
Articles, blogs, and content have been reviewed by legal in-house staff. Brian Chase is the managing partner of Bisnar Chase Personal Injury Attorneys, LLP. He is the lead trial lawyer and oversees cases handling dangerous and defective products that injure consumers. Brian is a top-rated injury attorney with numerous legal honors and awards for his work relating to auto defects and dangerous products. His firm has recovered over $1B for its clients. Brian is a frequent speaker for CAOC, Dordick Trial College, and OCTLA, covering personal injury trial techniques.
