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Can Dash Cam Footage be Used in Court?

By Butler Prather LLP on June 8, 2022

In the aftermath of a vehicle accident, gathering enough evidence to determine liability can be challenging. In many cases, insurance carriers and juries have to rely on the police report and maybe some photographs from the scene. However, drivers often put dash cams inside of their vehicles, and this can provide valuable video evidence of what happened right before a crash occurs. Here, we want to discuss whether or not dash cam footage can be used in court should a personal injury or property damage lawsuit arise due to a vehicle accident.

Are Dash Cams Even Legal in Georgia?

Dash cams come in many shapes and sizes, but over the last few years, they have been getting smaller and smaller and more powerful. The state of Georgia allows individuals to have cameras inside their vehicles that record both video and audio. However, Georgia law does not allow dash cams to be installed on the front windshield. When we examine Georgia law, we can see that nothing can be placed on the front windshield unless it is transparent and does not obstruct the driver’s view.

Dash cams are not transparent, and they could theoretically obstruct the view, though there are certainly places to put dash cams on a windshield that do not obstruct a driver’s view of the roadway.

Instead, drivers will have to rely on cameras that are mounted on the dash and not the windshield. Georgia law is more opaque about cameras that record outside of the rear of the vehicle. The law does not specifically say that individuals cannot put items on the back window of the vehicle, so a rear window mounted a camera will likely be appropriate. Typically, these rear-facing cameras connect to the front camera, and they both simultaneously record footage around the vehicle.

How to Use Dash Cam Footage in Court

Dash cam footage can be incredibly valuable in the aftermath of a vehicle accident that leads to injuries or property damage. Additionally, dash cam footage is often turned over by witnesses who may not even be involved.

In most situations, the best types of evidence that individuals obtain our photographs they take at the scene of the crash. However, if there is video surveillance footage of what was going on right before, during, and after the crash, this can be exactly what is needed to prove liability for a claim. It is very hard to dispute fault when there is a video showing what happened.

Dash cam footage is admissible in court, and it is regularly used to settle insurance claims or during a personal injury lawsuit process. However, we need to point out that dash cam footage can also be used against you, even the footage on your own camera. If the other parties involved in an accident discover that you have a dash cam, they could require you to turn over this footage. In the event you are at fault or partially at fault for an accident, the dash cam footage may show this, and you could end up receiving less compensation or having to pay other parties as a result of your actions.

Overall, dash cams provide a layer of protection for you and your loved ones. Drivers are unpredictable, and having a dash cam on board can help give you peace of mind when it comes to what would happen in the aftermath of a car accident. The last thing anybody wants is to receive blame for an incident that they did not cause. This footage can help push the settlement recovery process along have the insurance carrier plays hardball. If you’re in need of legal representation, contact our Atlanta accident lawyers anytime.

Posted in: Car Accidents

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