Is Your Dashcam Footage Admissible in California Courts? How Accident Victims Can Use This Digital Witness

If a picture is worth 1000 words, then how much is video footage worth? Dashcam footage of a car accident can demonstrate what actually happened to cause a collision in a way that is far more persuasive than hearing a witness describe the incident. If you have footage from a dashcam, you might feel like there’s no way you can lose a personal injury case to recover damages for your injuries.

However, if the footage is not deemed admissible by the court, then it does you no good whatsoever. If your case is supported primarily by that dashcam footage, you might find yourself on the losing side.

A dedicated and thorough accident attorney should have other evidence ready to support your claim, so when choosing a lawyer to represent you, it is a good idea to ask about their strategy for collecting and preserving evidence. But if you have dashcam footage, it makes sense to take the steps necessary to use it, if at all possible.

The Basics of Dashcam Footage

Dashcams are video recorders typically mounted on a vehicle’s windshield or dashboard. They continuously record video loops onto a memory card. Usually, the images depict what can be seen through the windshield, but some devices also record images from inside the vehicle or through side windows. Some dashcams record audio as well as video.

It is important to understand a dashcam’s settings. It will often automatically overwrite old footage unless you take steps to preserve it. Some cameras can detect a collision and stop the overwriting process. Cameras that record both audio and video can be set to silent video-only mode. This could be important for admissibility.

General Rules of Admissibility

Before evidence can be used in court, it must meet certain standards. To begin with, it must be relevant to the case. In a car accident claim, evidence would be relevant if it directly pertained to the cause of the accident, what happened during the accident, and the effects of the accident. Evidence would also be relevant if it pertained to any facts disputed in the case, such as the impact of injuries.

Evidence must be genuine to be admitted. Attorneys often have to work hard to demonstrate conclusively that evidence is authentic. This can include demonstrating the chain of custody to show that it could not be tampered with.

Even if evidence satisfies general requirements, it could still be deemed inadmissible for other reasons.

The Footage Might Violate California Privacy Laws

Privacy laws have become increasingly strict in recent years as technology has created what the California legislature refers to as “new devices and techniques for the purpose of eavesdropping upon private communications.” To prevent this “invasion of privacy,” lawmakers have made it a crime to record a private conversation unless all parties to the conversation have consented. 

This can be a problem if dashcam footage includes audio recordings of conversations inside the vehicle. Unless everyone in the vehicle knew they were being recorded and agreed to it beforehand, the recording could represent a violation of the law, and that would generally make it inadmissible as evidence in court.

The easiest way to avoid the problem is to turn the device’s audio off before recording. If a rideshare car or other vehicle has a sign clearly stating that audio is being recorded, that might also be sufficient to avoid concerns about violating privacy laws.

Privacy concerns do not apply to video images of what is happening on the street in front of, behind, or to the side of the vehicle, as these areas are considered public. Someone moving or speaking in these areas generally would not have a reasonable expectation that their actions or speech would be private, so privacy laws would not provide grounds to suppress the evidence.

The Camera Needs to Be Placed Properly

The California Vehicle Code includes rules about where dashcams should be located in the vehicle. These devices should be placed where they will not interfere with the driver’s view. Technically, Section 26708 of the Vehicle Code prohibits placing anything on the windshield or rear windows, but it creates an exception if an item covers either:

• No more than a five-inch square in the lower corner of the windshield nearest to the driver
• No more than a seven-inch square in the lower corner of the windshield farthest from the driver, or
• No more than a seven-inch square in the lower corner of the rear window farthest from the driver

If a dashcam is located in some other place in the vehicle, then the opposing attorneys may argue that the camera was obstructing your view and that it caused the accident. Or they may argue that violating the motor vehicle laws shows that you were negligent by default. 

Quality and Editing May Cause Problems

Issues with the video’s appearance could prevent it from being used to establish liability in a car accident. If there appear to have been attempts to edit or alter the video, its veracity could be challenged. While it may be necessary to make some edits, it is wise to let your attorney handle the process.

If the resolution of the video is poor or the footage is blurry for any other reason, a judge might determine that it confuses, rather than clarifies key issues, and the video could be excluded on those grounds.

There may be aspects of the video that are detrimental to your case. It is vital not to attempt to erase those portions of the video, as that is a red flag indicating you have something to hide. 

If you decide that you don’t want to use footage from your dashcam, you need to be aware that the other side may be able to obtain it through legal channels, so you will need to ensure that your attorney is familiar with it so your legal advocate can prepare arguments to refute any damaging information.

Work with a Car Accident Lawyer Who is Dedicated to Securing Full Compensation for Every Client

Many personal injury attorneys in Santa Ana handle car accident cases, but it is important to find a lawyer who is prepared to go the extra mile for you. Large firms may boast about the amounts they’ve recovered for clients, but those firms often try to process as many cases as possible as quickly as possible to get a high aggregate total. Benjamin Arsenian worked to that standard for years before deciding that clients deserved better. If you or a loved one were injured in a car accident, we invite you to contact the Law Offices of Benjamin Aresenian, PC for a free, confidential consultation to learn about the assistance we can provide. To get started, call us at 714-400-2000 or contact us online now.