Can I Use Dash Cam Footage to Prove a Driver’s Negligence?

 Posted on June 18,2024 in Car Accidents

If you were injured in a car accident and you want to be compensated for damages, you will likely need to show that the other driver was at fault. Depending on the accident, this can be hard to prove. 

Since there are not always witnesses available, some drivers rely on dash cams. A dash cam is a camera installed on the car’s dashboard that can record footage happening inside or outside the vehicle, (depending on the device). Some cars are made with dash cams built in, while other vehicles require one to be installed.

Illinois law requires all installed dash cams to be:

• Smaller than five inches

• Placed on the bottom corner of the dashboard on the driver’s side

You may be able to use footage from a dash cam in the event of a car accident, but you should ask your Illinois car accident attorney first. There are recording laws in Illinois that might make that complicated.

What Are Illinois’ Recording Laws?

Under Illinois law, you are allowed to record in public places, with some exceptions. In private places, however, you need to obtain the consent of whoever you are recording. If you record someone in a private space and you do not get his or her consent, the footage will not be admissible as evidence.

So, you need to ensure that your footage of the car accident is lawful. If, for example, the camera filmed passengers in your car without their consent, you may not be able to use that footage in your claim.

Can My Dash Cam Be Used Against Me?

If your footage is entered into evidence, know that it can be used against you as well. This is because Illinois has modified comparative negligence laws, which means that more than one person can be at fault. They also set the following conditions:

• If you want to bring a personal injury claim, you must be less than 50 percent at fault. If you are found to be at least half at fault — if you were texting and driving at the time of the accident, for example — then you will not be entitled to compensation.

• Even if you fall below the 50 percent threshold, your compensation will be reduced by your percentage of fault. So, if it is determined that you were 30 percent at fault, you will be able to collect 70 percent of the compensation you would have received.

Contact a Lake County, IL Car Accident Lawyer

A dash cam can be a great way to provide proof of your personal injury claim. However, footage captured by your dash cam may not necessarily be admissible as evidence or in your best interest. The best thing to do is to have your footage reviewed by an experienced Waukegan, IL car accident attorney. 

At Salvi & Maher, LLP, we are highly experienced in car accidents and the use of dash cam evidence. Let our skilled attorneys review your footage and work to get you the most compensation possible. Call 847-662-3303 for a free consultation today.