Could New Technology Provide New Defenses in Personal Injury Cases?
The golden age of technology is far from over as machinery continues to advance at rapid rates. Among the latest popular gadgets are dashcams, which many Florida drivers have started to invest in. Dashcam footage has even found its way into several courtrooms.
How Does a Dashcam Work?
A dashcam is a ready-to-go surveillance camera that drivers may affix to their vehicles. The functionality varies based on the models, with some requiring the driver to manually turn the device on, and others starting up with the car. Still, both will record continuously, typically with a storage capacity of around six hours.
For the user’s convenience, this footage is usually automatically overridden with new material unless the driver manually saves it.
Is a Dashcam Legal?
Dashcams are legal in Florida, so long as they do not infringe on the following laws:
- State laws regarding windshield obstruction
- State laws regarding electronic audio surveillance
To comply with windshield obstruction laws, it is best not to mount the device on your windshield in your main viewing area or on your rearview mirror.
If your dashcam has audio recording capabilities, you must take extra precautions to ensure you are acting in accordance with surveillance laws. Recording someone’s conversation without their consent is illegal. To avoid this, either disable the sound recording, or be vigilant about telling those in its radius that they are being recorded.
Can Dashcam Footage Be Used as Evidence?
Dashcam footage can be used as evidence in a Florida auto accident case. Your dashcam footage will likely be supplemented by other recordings, such as by security cameras from nearby buildings.
This can be a helpful addition to your case, as it could show another party’s fault or negligence, or capture a driver’s license plate and other identifying details.
Still, while your footage may be presented and serve as evidence in court to assist your case, it cannot be the deciding factor for a summary judgement.
If you or a loved one have been injured in a car wreck, contact Frohlich, Gordon & Beason, P.A. online or at (941) 960-7225 to discuss your case.