(235+)Dashboard cameras–i.e., dashcams–have become a popular accessory for many Philadelphia-area car owners. One reason people install dashcams is to capture video footage in the event of a car accident. But how can dashcam footage help–or hurt–your ability to seek compensation following an accident? The Philadelphia car accident attorneys at Gibbons & Crichton, Personal Injury & Accident Lawyers, have a few things you should keep in mind when it comes to the role that dashcams may play.
What Is a Dashcam?
A dashcam is a digital camera that is typically mounted on the dashboard, windshield, or window of a car or truck. Most dashcams record high-resolution video and audio, offer live views through a remotely connected device such as a tablet and provide local or cloud storage of any recorded footage. Additional features supported by many dashcams include the ability to record in nighttime or other low-light conditions, watermarking footage with time and location data based on GPS position, and motion detection, which automatically creates a separate video recording after detecting an impact with the vehicle.
Dashcams are perfectly legal in Pennsylvania, but there are several rules and restrictions applicable to their installation and use. State law requires you to install a dashcam outside of the potential range of the vehicle’s airbag deployment. This includes the following permitted areas and sizes:
- the lower right corner of the windshield, in an area no more than 7 inches squared;
- the lower left corner of the windshield, in an area no more than 5 inches squared;
- the upper center of the windshield, in an area no more than 5 inches squared.
Pennsylvania also requires any dashcam to have the capability of recording both video and audio.
Concerning the latter, there is an additional complication due to Pennsylvania’s wiretapping laws.
Pennsylvania is what is known as a “two-party” state when it comes to recording any audio conversations. This means that you cannot record audio of you talking to another person without their consent. So if you choose to have your dashcam record your entire trip, you must inform all of your passengers upfront and obtain their permission. If you have any doubts or concerns about this part of the law, it is best to disable audio recording on your dashcam if possible.
Additionally, dashcams should only be used to record and store footage. You should never look at a live feed from a dashcam while driving.
How Dashcam Footage Can Help Following a Car Accident
Pennsylvania uses a variant of the “no-fault” insurance system concerning car accidents. Essentially, when you purchase auto insurance, you have two options.
The first option is “limited tort” coverage, which requires your insurance company to pay for your medical bills, lost wages, and other out-of-pocket expenses following a car accident, even if another driver was at fault. However, limited tort benefits do not cover non-economic damages such as your pain and suffering, and you cannot sue the other driver for such compensation unless you suffer what state law considers a “serious injury.”
The second option, “full tort” coverage, is more expensive to purchase, but it allows you to seek unrestricted damages from the at-fault driver, including compensation for pain and suffering and other non-economic damages.
So how can dashcam footage affect your right to compensation under either limited tort or full tort coverage? Consider the following:
- Proving Fault: When fault is an issue, there is a tendency for both drivers to try and blame each other for causing the accident. Having real-time footage from a dashcam can help show what happened. Ideally, the dashcam footage will provide you with incontrovertible evidence of the other driver’s fault.
- Protection Yourself: If you have full tort coverage and file a personal injury lawsuit, the other driver may try to argue that you were partly or completely at fault for what happened. Having dashcam footage can help to show that you did nothing wrong–or at the very least, that the other driver’s claims about you were greatly exaggerated.
- Calculating Damages: Whether you seek compensation from your at-fault insurer or a negligent driver, dashcam footage can help to prove the severity of the accident and your resulting injuries and out-of-pocket losses.
Of course, you also need to consider the potential drawbacks of dashcam footage. Namely, if you were partly to blame for a car accident, the dashcam footage could make your claim for damages in a personal injury lawsuit more difficult. It can even affect how quickly your no-fault insurer processes your claim. This is one reason you should always have a qualified Philadelphia car accident attorney review any dashcam footage before turning it over to a third party.
Is Dashcam Footage Admissible in Court?
In most cases, dashcam footage is admissible evidence in a Pennsylvania personal injury trial. There are a few caveats. First, the footage typically needs to be recorded in a public area. If your car accident occurred exclusively on private property, such as a parking garage, there may be issues related to admissibility.
Second, and as previously discussed, you also need the permission of any other occupants of your car to record audio using a dashcam. If you record audio without such permission, a court may deem the resulting dashcam footage inadmissible as a violation of Pennsylvania wiretapping laws.
Keep in mind, however, that you do not need permission to record just the video.
Finally, if the police decide to conduct a criminal investigation related to your car accident–say, the other driver is suspected of drunk driving–the police may request or require you to turn over your dashcam footage as evidence. This may affect your ability to use the footage in a civil personal injury lawsuit.
Contact a Philadelphia Car Accident Lawyer Today
If you have been recently injured in a car accident, your dashcam’s footage may prove invaluable in helping you secure proper compensation for your losses. Our Philadelphia car accident attorneys can review your case and advise you of your options. Contact Gibbons & Crichton, Personal Injury & Accident Lawyers, today to schedule a free initial consultation.
