In the late 1940s, “Smile, you’re on Candid Camera!” was a catchphrase from a popular TV show in which unsuspecting people were “caught” in an embarrassing moment on film. It was meant as a prank and definitely for the amusement factor.
But today, being “caught” on camera isn’t just for a prank or gag. It’s ubiquitous. You can assume that if you’re out in public, there’s likely a camera on you most of the time. And it’s not for entertainment—it could be for security reasons, insurance, evidence, or all of the above. No one is looking for a spontaneous funny pratfall. They record the world as we know it because if an incident arises, there’s little better proof than what the court can see on video.
In addition to camera surveillance in shopping plazas, event venues, and other common locations, some businesses require their drivers to have dashcams in their vehicles. And lots of private vehicle owners choose to have them, too.
If you’re in an accident, dash cam footage can either help or hurt your case.
However, like any evidence admitted in court, there are strict evidentiary rules that govern dashcam footage. There are also privacy rules for when the parties must be aware of and consent to being recorded.
Do I have an expectation of privacy regarding dashcam recordings?
A dashcam is a video recording device mounted in a vehicle that records the outside surroundings (and sometimes the interior). Some dashcams have a “parked” feature that continues to record, even if the car is parked and not in use; this means you could be captured on dashcam footage if you’re walking past a device in a car parked on the street or in a parking lot. You probably don’t know most of the times you’re being recorded.
In general, there is no reasonable expectation of privacy in public spaces. The exception is usually for public restrooms. In addition, you have a reasonable expectation of privacy in your residence.
However, states’ laws vary regarding whether or not recordings require consent. This usually refers to recordings inside the vehicle, such as if you’re a passenger in a ride-share or other type of vehicle with a dashcam.
Some states require single-party consent, which means one person needs to be aware that a conversation or interaction is being recorded. Other states require all-party consent, which means everyone involved in the interaction must be notified that recording is taking place.
You can see the consent rules for dashcam recording in your state:
Dash Cam Laws by State: What To Know Before You Go
How is dashcam footage used in court?
- Accident liability. A dashcam can be used to determine fault after a collision if it captures relevant footage of how the accident happened.
For instance, if your own dashcam footage shows that you ran light or stop sign, were speeding, or you rear-ended another vehicle, this evidence can be used to show that you were at fault. By the same token, if your dashcam shows that the other driver did one of these things, it is useful for your insurance to prove that the other driver was at fault.
Note: Dashcam footage can be self-incriminating. If you’re at fault for a crash, your dashcam footage could be requested by the other party. If the video shows something different from the statements you’ve made, it could increase your liability and make you less credible. - Insurance fraud. Some people will try to collect insurance payouts by staging an accident (in other words, it’s fake). Dashcams can help to show that an accident claim is illegitimate.
- Traffic and criminal violations. Dashcams can capture speeding, reckless driving, violations like running red lights, hit-and-run incidents, road rage, DUI, and other violations. For instance, if a dashcam shows a driver with slurred speech, erratic driving, etc. it could be used in a criminal DUI proceeding. This is also true of any video that shows a driver’s behavior before or after a crash.
Dashcams may be used in legal proceedings to prove or disprove a traffic accident, violation, or criminal activity. Your own footage could be used against you if it shows that you caused an accident or were breaking the law.
Insurance companies can request your footage to determine fault and liability, and the recording could be subpoenaed if there is a lawsuit.
Even if dash cam footage is ultimately deemed inadmissible at trial, that doesn’t mean it’s exempt from discovery in litigation. In some states, litigants may be required to share dash cam footage upon request, even if it’s later deemed inadmissible at a trial.
Moreover, many states have spoliation rules that prohibit parties from modifying or destroying relevant evidence. Violating these rules can result in serious consequences, including sanctions or even a judgment against you.
When is dashcam footage admissible in court?
Admissibility refers to when evidence or testimony may be used in court. If a piece of evidence is admissible, it meets legal standards set by the court.
Admissibility usually relies on several factors:
- Relevance, which means it must relate directly to the case;
- Reliability, or trustworthiness and credibility;
- Prejudice, or being not overly prejudicial or unfairly influential to a jury;
- Legally obtained, which means it didn’t violate rules like hearsay or improper searches.
If the video violates any state-specific privacy or wiretapping laws, it might be inadmissible.
How does the court know if dashcam footage is authentic?
Any evidence submitted to the court must be authentic. A court might require dashcam footage to have GPS/tracking data, time stamps, or unedited and unredacted content.
Evidence must also follow a specific chain of custody. This is a way to ensure that the evidence is maintained without tampering, alterations, or other changes that might make it inadmissible or fraudulent.
How do the police use dashcam footage?
You may always submit dashcam footage to police voluntarily if you believe it will benefit you.
However, if investigators deem it crucial to the case, the police or prosecutor may obtain a court order to acquire the footage. If the officer responding to a traffic accident is aware of a dashcam, they might ask to review it—but you’re not obligated to provide it unless there’s a warrant.
Likewise, an insurance company might request dashcam footage—which could work in your favor, or against your interests. If you choose to provide it, it can still show your negligence or liability and result in your claim being denied.
What if I just delete my dashcam footage after a crash?
It’s a risk.
You are not legally required to submit your footage to the police or insurance company absent a warrant or subpoena. You can consult a lawyer if the footage is subpoenaed.
While some dashcam devices are programmed to automatically delete footage at certain intervals or when storage is full, you would know if an accident happened and there’s something there to preserve. If you intentionally delete footage because you believe it might incriminate you or indicate liability, that might be considered evidence tampering.
You should, however, review the footage before submitting to any insurer or legal proceeding.
However, you might also wish to consult an auto accident attorney before doing so. Mere seconds of video footage could have immense impact on your legal case, so it’s important to review your options and liabilities with a lawyer.