Many people install dash cams because they provide drivers with an unbiased method to prove fault in accidents and how accidents occurred – around 10 to 18 percent of drivers in America use them. A car accident claim might hinge upon dash cam records’ ability to demonstrate liability and if an at-fault driver’s insurance company is liable for paying for damages. In other words, a dash cam may end up making or breaking your car accident case.
California dash cam laws allow drivers to utilize footage from dash cams in car accident claims. However, the devices’ legality can be complicated – dash cam placement needs to be proper, and you have to follow certain rules around usage.
Are Dash Cams Legal in California?
Dash cams are legal in California. However, there are rules for using them.
First off, there are rules regarding where dash cams may be placed in vehicles.
In addition, there are laws regarding the recording of audio with dash cams.
Also, California law has time restrictions regarding the use of dash cams. They can only be used to record 30 seconds before and after crashes. Dash cams will begin recording when they detect your vehicle undergoing unusual motion, and they can record when turned on manually.
Finally, the police have a right to seize any evidence they wish to at an accident scene when they believe action is necessary to prevent evidence from being destroyed. For example, say a police officer or California Highway Patrol officer believes an accident was the result of reckless driving, and thinks you will delete your dash cam’s footage, they are allowed to take your dash cam.
Dash Cam Laws by State
It is legal to use dash cams in every state. There are, however, specific rules you need to follow regarding their use, and these laws can vary by state. A major concern is recording audio. Legal trouble can result when you record audio without the consent of passengers.
Most states give you permission to record a conversation with just one person’s consent. However, everyone involved needs to give consent in 12 states: Washington, Pennsylvania, New Hampshire, Nevada, Montana, Michigan, Massachusetts, Maryland, Illinois, Florida, California and Connecticut.
There are additional laws you need to consider, too:
States Which Have Minimal Requirements for Dash Cams
These states simply have laws stating that dash cams should not obstruct the vision of drivers. Dash cams can be placed on windshields or dashboards.
- Vermont (under four inches tall and under 12 inches long when on lower right of windshield, under 2 inches tall and under 2.5 inches long when on upper left of windshield)
- Utah (can’t extend more than four inches from lower left corner or top of windshield)
- North Carolina
- Nevada (can be placed on lower corner of windshield farthest from driver)
- Missouri
- Maryland (can be placed inside of a seven-inch square located in windshield’s bottom corner)
- Maine
- Kentucky
- Kansas
- Iowa
- Indiana
- Illinois (can be placed on passenger side windshield’s bottom corner)
- Hawaii (can only be placed on top and bottom corners of the windshield)
- Florida
- California
- Arizona
- Alaska
States With Dash Cam Size Requirements
Size requirements typically only end up applying to dash cams which are installed on windshields, but you should double-check the laws in your state about this.
- Nevada: Under six square inches
- Indiana: Under four square inches
- Illinois: Under five square inches
- Hawaii: Between five and seven square inches
- Arizona: Under five square inches on left side, under seven square inches on right side
- Alaska: Under five square inches
States Where Dash Cams Can’t Be Placed on the Windshield
Dash cams must be placed on the dashboard in these states.
- Wyoming
- Wisconsin
- West Virginia
- Washington
- Virginia
- Texas
- Tennessee
- South Dakota
- South Carolina
- Rhode Island
- Pennsylvania
- Oregon
- Oklahoma
- Ohio
- North Dakota
- New York
- New Mexico
- New Jersey
- New Hampshire (allowed on back window)
- Nebraska
- Montana
- Mississippi
- Michigan
- Massachusetts
- Louisiana
- Idaho
- Georgia
- Washington D.C.
- Delaware
- Connecticut
- Alabama
Legal Placement of Dash Cams in California
Dash cams can be placed within a seven-inch square on a windshield’s lower right corner, within a five-inch square on a windshield’s lower left corner, and within a five-inch square on a windshield’s uppermost center. A dash cam must also not be place in a place where an airbag might deploy.
Dash Cam Audio Recording Legality
If a dash cam records audio, passengers need to be informed that any conversations they have in the vehicle will end up being recorded. Drivers also need to know when their vehicle will end up being driven when they’re not inside of it, and either put the dash cam on mute or tell anyone driving the car that audio will be recorded.
Can You Use Dash Cam Footage in Court?
Yes, you can use dash cam footage in court. Dash cam footage can be very useful for proving negligence after an accident.
However, if dash cam footage hurts your case, you don’t have to use it as evidence, although if it’s found out that you withheld dash cam footage from the court, it could result in you losing credibility.
When to Hire a Car Accident Lawyer
If you have been injured in an accident which wasn’t your fault, it’s wise to call a car accident attorney, who can help you recover financial compensation for medical bills, lost wages, loss of earning capacity, property damage, pain, suffering and more.
You won’t be able to recover the most compensation possible without an experienced car accident lawyer by your side because the only way to force an insurance company to pay you what you deserve is to sue them and win over a low ball offer. Without a lawyer by your side, all you will see from insurance companies is low ball offers.
We can represent you on a contingency fee basis, which means that we can handle your claim without charging you anything at all until and unless we win your case. The only fee you will ever receive from our attorneys is a percentage of any money we recover for you.
If you’ve been injured and cannot afford to get treatment for your injuries, we can get you to experienced medical providers in California who won’t charge you any fee for treatment until the end of your case. Doctors are willing to give our clients this deal because doctors are well aware of our long-established track record of success in terms of getting great results for our car accident clients.
We have recovered hundreds of millions of dollars on behalf of clients and have been representing car accident victims since 1990. We have the experience and resources to recover the largest possible amount of compensation for your injuries.
Contact us today for a free consultation if you or a loved one has been injured or killed in an auto accident in California.
