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Can Dash Cam Footage Be Used in Court?

Posted on June 20, 2022 in

Pictures may be worth a thousand words, but dash cam footage can win a claim. More and more, individuals are installing dash cams inside of their vehicles. They do this to protect themselves and their loved ones. However, can dash cam footage even be used in court? Are dash cams legal in Colorado? Here, we want to answer these questions and discuss how a dash cam could possibly affect an insurance claim or personal injury lawsuit.

Are Dash Cams Legal in Colorado?

There are no laws written into Colorado statutes that restrict dash cams from being used inside of a vehicle. However, Colorado law does require that dash cams be mounted in an area that does not obstruct a driver’s view of the roadway. Additionally, any cameras mounted inside the vehicle must not reflect any type of glare or cause a distraction to oncoming drivers outside of the vehicle.

Aside from these basic restrictions, we strongly encourage all drivers to keep state privacy laws in mind. Colorado is a one-party consent state, which means that drivers do not have to obtain consent from passengers in order to record audio, which most dash cams do. However, if you operate your vehicle in more than one state, you need to know and understand that state’s wiretapping laws. In some places, it is illegal to record an individual without them giving their consent first.

How Dash Cam Evidence Could be Used in Court

most dash cams can be purchased for anywhere from around $100 to $200, and they can provide valuable evidence in the event a crash occurs. Yes, photographs taken right after a crash can provide evidence to insurance carriers or personal injury juries, but actual footage of the incident and the aftermath will likely be able to provide a much more straightforward picture of what happened.

In Colorado, dash cam footage is admissible when pursuing personal injury claims after a vehicle accident occurs. Typically, dash cam footage will be used to bolster the credibility of police reports, forensic analysis, statements from eyewitnesses, and statements from other drivers and passengers.

However, keep in mind that dash cam footage could also be used against you if you have one in your vehicle. Colorado operates under a modified comparative negligence system, which means individuals could see themselves receive reduced compensation if they were partially at fault for the crash. Just like you could use dash cam footage against another driver, your own dash cam footage could be used against you if you partially caused the accident.

Working With a Lawyer

If you or somebody you care about has been injured or sustained property damage in a vehicle accident caused by another driver, reach out to an attorney as soon as possible. Even if you have dash cam footage that shows what happened, the insurance carriers and at-fault party could try and twist the story and paint another picture.

When you work with a Denver car accident lawyer, you will have an advocate who can investigate every aspect of your claim and gather the evidence needed to prove what happened. If necessary, an attorney will work with accident reconstruction experts who can piece together all of the evidence and create 3D computer models to show the insurance carrier.