Dashcams, or dashboard cameras, have become much more common in recent years due to price drops and better technology. In response, California has instituted certain laws regarding the correct and legal usage of dashcams in motor vehicles. Breaking these laws could lead to fines and penalties.
Are Dashcams Legal in California?
Yes, dashcams are legal in California. However, dashcam owners must be careful to correctly mount, install and use them according to the state’s related regulations. Incorrect use of a dashboard camera can lead to penalties and even increase the risk of car accidents.
Proper Dashcam Placement
If a driver chooses to install a dashboard camera, the device cannot impede or obstruct the driver’s view of the road in any way. All dashcams in California must be installed in a manner that keeps the driver’s view out of the windshield clear. Dashcams also may not hinder the deployment of any of the vehicle’s airbags.
Size Limits
A dashcam can be no larger than five square inches if installed in the lowest corner of the driver’s side of the windshield or the top center portion of the windshield. If placed in the lower right corner of the windshield, the dashcam must be smaller than seven square inches.
Recording Restrictions
Under California’s privacy laws, cameras that are affixed to the inside of a motor vehicle may not record audio unless all passengers are aware that they are being recorded. The driver needs the passengers’ permission and must turn off the audio if requested. Violations of this privacy law can have significant legal repercussions.
Dashcam Laws in California
Dashcams as Evidence in a Car Accident Case
One of the most compelling reasons why drivers use dashcams is to have evidence should they get involved in an automobile accident. A dashboard camera can record footage of another driver breaking a traffic law in the moments leading up to a crash, such as speeding or running a red light. This footage can then be used as evidence against the driver during an insurance claim or lawsuit.
How to Gain Access to Dashcam Footage
To use dashcam footage as evidence, it must be clear, untampered with, unedited and relevant to the facts of the case. If your California car accident is recorded by a dashboard camera or GoPro that is not yours, consult with an attorney about using it as evidence during your case. An attorney can take the proper steps to preserve and collect the footage from its owner, such as issuing a Letter of Spoliation or Evidence Preservation.
Can a Cop Take Your Dashcam?
No. The police need a warrant to demand access to your dashcam footage if you do not give consent. However, if your dashboard camera recorded footage of a car accident, you can anticipate it being called into evidence during a related car insurance claim or personal injury lawsuit in Riverside. In this scenario, it is against the law for you to tamper with or destroy the footage.
When to Contact a Car Accident Lawyer
If you are hurt in a car accident case involving a dashcam, contact an attorney about how this footage could potentially be used for you or against you. Working with an experienced Riverside car accident lawyer can help you recover maximum compensation for your injuries from the at-fault party. Depending on the situation, your lawyer can work to contest or utilize dashcam footage evidence to strengthen your claim.