Since the debut of the TV show COPS way back in 1989, there has been a public fascination with the ‘dash-cam view.’ We love the first-person perspective of a police car chase. These days, there are even Tik Tok and Instagram accounts that get millions of views for dash cam videos of car, truck , and motorcycle crashes.
Beyond being a somewhat morbid form of ‘entertainment,’ dash-cam footage has also become an invaluable too in personal injury litigation. Our firm has gotten great results in dozens of cases where we probably never would have been able to prove that the other driver caused a crash, and that our client was not to blame, without the dash cam video. We rely on accident reconstruction experts to help piece together the sequence of events, speeds of each vehicle, and crash forces involved, but dash-cam footage is often the very best evidence we can hope for in proving our case. In extreme cases, a dash cam can capture road-rage incidents, which can persuade a jury to award significant money at trial or even punitive damages.
Not too long ago, dashboard cameras seemed like rare and advanced technology, available almost exclusively to police departments and owners of luxury automobiles. The accessibility of dashboard cameras as a consumer good has risen rapidly in the last decade. There is high demand for these cameras, and there are many options to suit one’s preference in terms of price, placement in the car, video quality, and recording capacity. A quick Google search for “best dash cams 2024” brings up lots recommendations and links to informative consumer websites like this one. Typical specs for these cameras include 4k quality video, a wide field of view, speed recording, GPS, and cloud storage for viewing and retrieval. More expensive models come with radar detection and other bells and whistles. Overall, the technology is quite accessible, and the devices operate at a very impressive level of quality.
With this in mind, should you install one in your car?
The answer, like the answer to so many questions in the legal world, is: “It depends.” It’s important to be aware of the consequences of installing a dash cam, the pros and cons. That way, you can make the best, informed decision for yourself. Keep in mind that the dash cam can absolutely work for you, but it can also work against you in certain circumstances.
The most obvious benefit of a dash cam is that it can help establish that a crash was not your fault. Many crash reports include statements from the parties involved, and the case boils down to a he-said/she-said dispute. With the video footage, speed data, and GPS data available, it can be much easier to show that you weren’t culpable for the crash that occurred. If you’re in the right, the dash cam footage will undoubtedly strengthen any claim or defense you may have in a personal injury or property damage case. So, if you have relatively safe driving habits, a dash cam can be a great investment.
You should keep in mind, however, that the benefits of a dash cam can cut both ways. While it helps you by recording the data mentioned above, it can work against you for the exact same reason. The video doesn’t lie or misconstrue. It has no bias toward the person who bought the camera. If you were in an accident that was your fault, your own dash cam footage and data can be subpoenaed and used against you.
You might scoff at that notion and think, “it’s my dash cam, so if I know that I caused an accident then I can just delete that footage before that happens.” Bad idea! If you have a dash cam and delete the footage, you can face extra consequences in the form of sanctions or even criminal charges for tampering with evidence. In the personal injury context, it’s called “spoliation” of evidence and could give rise to additional claims against you if your case is in Ohio. The judge can also instruct the jury to presume that whatever data was disposed of would have gone against you.
At Rittgers Rittgers & Nakajima, one of the first things we do when we are called to review a case is to find every potential source of video footage we can, whether it’s from a tractor-trailer that crashed into our client, a passenger vehicle involved in the crash, or security cameras from nearby businesses that may have recorded the crash incidentally. If we suspect spoliation by another party, we aggressively pursue all rights and remedies related to the destruction of that evidence. We work tireless to obtain the justice and results that our clients rightly deserve. If you need representation, please contact us today for a free consultation.