Dashcams are becoming increasingly popular in cars today. These devices can capture all kinds of footage, but are primarily useful in the case of an accident. But can dashcams be used as evidence in Kentucky car accident cases? Let’s find out.
What Are Dashcams and Are They Legal in Kentucky?
Dashcams are small cameras that can be mounted on the dashboard of a carSome people also mount them on the windshield.
These devices are typically purchased by third-party vendors and are not pre-installed in the vehicle. And though some alterations to a vehicle might be considered illegal, dashcams are legal in Kentucky.
In fact, dashcams used to capture videos such as a scenic ride or accident footage is legal in all 50 states. There are, however, some regulations concerning the placement of the dashcam and personal privacy.
A dashcam can be used in Kentucky as long as it is placed in a suitable position that does not obstruct the driver’s view of the road.
As for personal privacy, this primarily refers to audio recordings. Dashcams are typically used to capture footage of what happens outside the vehicle, but some may also capture audio from inside the car, and this is where personal privacy laws can come into play.
Some states have laws against recording the audio of a person without their consent. Kentucky is one of those states, but it only requires one party to consent. Since the party using the dashcam to record is consenting, this usually protects the right to record.
Some states require all parties being recorded to consent, such as California, Florida, and Illinois. But again, Kentucky is only a 1-party consent state.
Can a Dashcam Be Used as Evidence in a Personal Injury Case?
In short – YES. As long as dashcam footage does not break any laws, such as the privacy recording laws, it can be used as evidence in a Kentucky car accident case. Even if the recording did violate a law, the recording may still sometimes be used as evidence. That is very dependent upon the circumstances.
In fact, using dashcam footage as evidence can significantly benefit your case. If there are disputes over what happened, dashcam footage is often the best evidence of what actually occurred.
Some insurance companies may try to deny a claim or offer a reduced settlement if they feel there is insufficient evidence to prove what happened. But with dashcam footage, the victim filing the claim can provide clear and convincing evidence that makes it much harder for the insurance company to deny.
This means that dashcam evidence can sometimes help you get a higher-value settlement to help compensate the damages you have suffered.
However, keep in mind that allowing your dashcam to be used as evidence could also mean that the footage could be used against you. If the footage captures something that shows that you are also partially responsible for the accident, those facts can be usedto deny or minimize the claim.
And once the dashcam has already been identified as evidence, you cannot take it back. You likely have an obligation to preserve the evidence at that point. Likewise, it may be helpful to put the other side on notice that they should take steps to preserve any video footage that they may have recorded.
What Does Dashcam Footage Capture?
There are many things that dashcam footage can capture that can help prove what happened after a Kentucky car accident. This includes:
- The speed of the drivers involved
- Make and model of the vehicles involved
- License plate numbers
- Brake usage
- Who was driving
- If seatbelts were being used
- The road conditions and weather
- Driving behaviors
- Traffic conditions
- Traffic lights and signage
- Potential witnesses who were nearby and saw what happened
How to Watch Dashcam Footage
As dashcams are digital devices, the video must be downloaded onto another device, such as a laptop or computer. If you have a dashcam and are involved in an accident, make sure you retrieve it from your car and take it with you so that you can easily access it when needed.
Your personal injury lawyer can download and review the footage with you to determine if it will be helpful in your case. If the other party is the one with the dashcam, you can also request access to it so you can download and review the footage their camera captured.
However, most parties will not simply hand over such evidence without being required to do so by law. So if you want to watch dashcam footage from another person’s car, you will need to work with an attorney who can file suit and submit a formal request to obtain the dashcam for evidence.
Trust McCoy & Sparks—Premier Personal Injury Attorneys in Central Kentucky
So, can a dashcam be used as evidence? Yes. But you should consult with a personal injury attorney first to ensure you use the dashcam evidence wisely.
Dashcam evidence can help your case, but it could also hurt it. So it is best to work with an attorney with experience handling cases involving dashcams to ensure the best possible outcome.
McCoy & Sparks is continually recognized as one of Central Kentucky’s best law firms. We represent thousands of clients in Central Kentucky, with a focus on providing premium service. Our goal is to develop a strategy that best serves your personal needs.
You owe us nothing unless we win your case. Call us at (844) 4KY-WINS for a risk-free consultation with one of our personal injury attorneys today.