dash cam

Is Dash Cam Footage Admissible in Court?

By David Hammond

Dash cam footage is becoming more and more popular in vehicles. As a result, there have been questions on whether or not dash cam footage can be used as evidence for a case. After all, dash cam footage could be compelling evidence of fault and the extent of damages sustained in an automobile accident injury case. Let’s take a look at whether dash cam footage is admissible in court.

Can I Use Dash Cam Footage in My Personal Injury Case?

An increasing number of people are opting to install dash cams in their vehicles in the hopes of the recording device working to protect their legal rights and act as evidence of fault in the event of a car crash occurring. Dash cams are video recording devices. Sometimes they come with audio recordings as well. They are installed in vehicles and will start recording automatically when the vehicle is turned on. Most commonly, they are hardwired directly into the vehicle’s electrical system. The recorded video is stored on an SD card.

New York permits the use of dash cams as there are no specific laws on the books that would prohibit their use. While they are generally considered to be legal, however, there are still a few things to keep in mind before you install one in your own vehicle. First, it is always prudent to check with local authorities to make sure that they are permitted in your area. There may be some local laws or regulations that may prohibit the use of dash cams. Furthermore, you should be mindful that dash cams will be subject to the same rules and regulations that are applicable to other forms of video recording in the state of New York. For instance, in New York, it may be illegal to record someone without their consent depending on the circumstances. Generally speaking, however, if your dash cam is focused on the roadway as opposed to being aimed at recording specific people, you should not run afoul of these privacy laws.

While a dash cam may be legal and make a legal recording, this does not necessarily mean that the video footage will be admissible in court. It is important to first make it clear that dash cam footage may be admissible in court, but the video footage must first be deemed accurate and dependable. It must also be determined that the footage has not been altered in any way. You will need to make a statement under oath that the footage is authentic and is an accurate portrayal of what occurred in the accident. Should you lie or omit key facts, you can be charged with perjury.

Central New York Personal Injury Attorneys

At CDH Law, our team launches detailed investigations into your accident and injury claim. This includes reviewing relevant evidence, including dash cam footage. We do this so we can provide you with the best in trusted legal representation. Contact us today.

About the Author
David is a former military prosecutor and defense lawyer with over a decade of experience fighting for service members and their families. He served nine years and two combat tours as an active duty US Army officer, then joined the Reserves and settled down in Syracuse to be near family. Now representing people across Central New York charged with serious felonies, misdemeanors, DWIs, and traffic offenses, he puts the same level of commitment into his civilian law practice. If you have any questions regarding this article, you can contact David here.