Dashcams have become increasingly popular among drivers in California, and for good reason. These small, windshield-mounted cameras record everything that happens on the road, providing critical evidence in case of an accident. But do they actually help in car accident claims? The answer is a resounding yes—in many situations, dashcam footage can make a huge difference in proving liability and protecting your rights.
In this blog, we’ll explore how dashcams impact car accident claims, the legal considerations in California, and what to do if you’re involved in an accident where dashcam footage is involved.
How Can Dashcams Help in a Car Accident Claim?
1. Providing Clear Evidence of Fault
In car accidents, determining fault can be tricky—especially when it’s a “he said, she said” situation. Dashcam footage can provide clear, unbiased evidence that shows exactly what happened. This can be crucial when:
- The other driver is lying about what happened.
- The police report is incomplete or inaccurate.
- The at-fault driver fled the scene (hit-and-run cases).
2. Speeding Up Insurance Claims
Insurance companies investigate accidents before approving claims. If fault is unclear, your claim could be delayed—or worse, denied. Dashcam footage can help speed up the claims process by:
- Eliminating disputes about what happened.
- Helping adjusters make faster decisions.
- Protecting you from fraudulent claims by the other driver.
3. Supporting Your Case in Court
If your accident leads to a lawsuit, dashcam footage can be powerful evidence in court. Unlike witness testimony, which can be unreliable, dashcam footage provides a factual, timestamped account of events. This can help:
- Prove negligence in personal injury lawsuits.
- Refute false claims made by the other driver.
- Strengthen your case for maximum compensation.
Are Dashcams Legal in California?
Yes, dashcams are legal in California, but there are some important laws to follow:
1. Placement of Dashcams
Under California Vehicle Code Section 26708, dashcams must be mounted in a way that does not obstruct the driver’s view. The recommended placements are:
- The lower right-hand corner of the windshield.
- The upper center of the windshield (within a 5-inch square area).
- The lower left-hand corner (within a 7-inch square area).
2. Recording Audio in Dashcam Footage
California is a two-party consent state, meaning both parties must consent to being recorded. If your dashcam records audio inside the vehicle, you must inform all passengers. However, recording external audio (e.g., road noise) is generally legal.
3. Dashcam Footage in Court
California courts allow dashcam footage as evidence, but it must be unmodified and clearly show the events in question. Altered or unclear footage may be challenged by the opposing party.
When Dashcams Might Not Help
While dashcams provide strong evidence in most cases, they aren’t always beneficial. Here are a few situations where they might not help:
- If the footage incriminates you – If the dashcam shows that you were at fault, it could be used against you.
- If the video is unclear – Poor quality footage or bad angles can weaken its effectiveness.
- If the dashcam wasn’t properly installed – If the camera was obstructing your view or recording illegally, the footage might be inadmissible.
What to Do After a Car Accident if You Have Dashcam Footage
If you’re involved in an accident and have dashcam footage, follow these steps to protect your rights:
1. Preserve the Footage Immediately
- Do not delete or overwrite the video.
- Save a copy on an external device.
- If necessary, back it up to the cloud.
2. Inform Your Insurance Company
- Tell them you have dashcam evidence.
- Provide them with a copy if they request it.
- Do not share footage with the other driver’s insurance without consulting a lawyer.
3. Contact a Car Accident Attorney
Dashcam footage can be game-changing, but knowing how to use it strategically is key. A personal injury attorney can:
- Determine whether the footage helps your case.
- Use it to negotiate a higher settlement.
- Prevent insurance companies from misinterpreting the video.
Helpful Resources
- National Center for Biotechnology Information (NCBI): This study discusses the importance of dashboard camera analysis in fatal traffic accidents, highlighting how dashcam footage can aid in investigations.
- ResearchGate: An article examining how dashcams serve as devices to increase road safety levels, discussing their role in detecting traffic violations and clarifying the course of traffic accidents.
Are Dashcams Worth It?
Absolutely! Whether you’re involved in a minor fender bender or a serious collision, dashcams can help protect your rights, prevent fraud, and provide critical evidence.
If you’ve been in a car accident and need legal guidance, Shaumyan & Derbarseghian, LLP is here to help. Our experienced personal injury attorneys can review your case, analyze your dashcam footage, and fight for the compensation you deserve.
