Do Florida’s Privacy Laws Make Your Dashcam Footage Inadmissible in a Car Accident Case?

Dashcams can provide very effective evidence in car accident lawsuits. The footage can show how someone’s irresponsible actions caused the collision and demonstrate that your actions did not contribute to the accident.

But this video footage cannot be used to help your case if the court treats it as inadmissible. Privacy laws, evidence requirements, and other rules could potentially prevent you from relying on dashcam footage to establish liability in your case. So it is important for your attorney to understand the requirements for using it. We can’t cover every requirement in a blog like this, but if you contact our team for a free consultation, we can review the specific circumstances in your situation and explain how dashcam footage and other evidence could be used to build your case.

Understanding the Device

The device commonly referred to as a dashcam is a video camera typically mounted on a car’s windshield or dashboard. This type of camera is designed to continuously record the view through the windshield. Some devices also record images depicting the view from the side windows or inside the vehicle.

Many dashcams, particularly newer models, include built-in microphones that record audio along with the video. The sound recording can often be turned off through an app or with a button, but unless someone actively takes steps to disable audio recording, it may occur automatically. That means that conversations inside a vehicle may be recorded. It may also be possible to hear conversations between someone inside the vehicle and someone on the outside. It is usually the audio recording that could cause conflicts with Florida’s privacy laws.

Privacy Laws in Florida

Compared with the laws in effect in many other jurisdictions, the laws in place to protect privacy in Florida are considered stringent. When oral communications are occurring—such as when people are talking in a car—Section 943.03 of the Florida Statutes prohibits someone from recording or transmitting the conversation unless certain factors are involved. For instance, Section 943.03(d) specifies that recording is legal when “all parties to the communication have given prior consent.”

Courts have held that the restrictions of this statute apply only to communications made in places where there is an expectation of privacy. For instance, a conversation on a public street, where bystanders could overhear, would not likely justify an expectation of privacy. However, a conversation inside a vehicle could reasonably be expected to be private.

Therefore, if dashcam footage that demonstrates what happened before, during, or after a collision includes audio recordings of conversations, it may be possible to suppress the footage as evidence. Fortunately, if the audio portion is removed or there is evidence that everyone involved consented to the recording, that should remove the potential admissibility barrier. 

For instance, a rideshare driver who routinely uses a dashcam might tell passengers that a device is running that could record their conversations and ask if they consent to the recording. If they affirmatively accept, there should be no privacy concerns.

Recordings of sounds in the street should also not be a concern, because people speaking in the public street would not have a reasonable expectation of privacy. For the same reason, the video portion of the recording, apart from any audio, would generally not be ruled inadmissible on privacy grounds because those driving on public roads do not have an expectation of privacy.

Authenticity Concerns

Even if privacy concerns are not a problem, dashcam footage could be ruled inadmissible if its authenticity is questioned. This is one reason it is very important to work with an experienced attorney who understands how to comply with all evidentiary requirements.

For instance, while it may seem helpful to edit footage to focus on key moments and images, it is best to let your legal team handle the editing. Inappropriate edits could make the footage appear tampered with and artificially manipulated to distort the truth.

It is helpful when date and time stamps are embedded in the video. This definitely establishes the timing of the footage. It is also helpful to have testimony from witnesses who can corroborate information in the video.

Preserving and Using Footage from Dashcams and Other Cameras

Continuous recording cameras, such as dashcams, traffic cameras, and security cameras, do not store footage indefinitely. Unless specific steps are taken to preserve the recordings, the information on them could be erased or overwritten. 

An experienced attorney should understand the most effective ways to request video from sources such as traffic cameras and be able to take action to preserve valuable video evidence. A skilled attorney will also know how to authenticate the video so that it can be introduced as credible and persuasive evidence.

To preserve video from your own dashcam, it is a good idea to transfer or back up the recordings to a secure location. Saving copies in online cloud storage as well as on a hard drive or memory stick can also be helpful.

Searcy Denney Tallahassee Knows How to Preserve and Use Video to the Greatest Effect After a Car Accident

Even when you’ve been severely injured in an auto accident and you were clearly not at fault for causing the collision, there is no guarantee that you will be able to recover full compensation for your losses and future needs. The insurance company and others fighting against you will be working with experienced legal teams to shift liability or minimize your damage award.

To protect yourself, it is best to begin working with an experienced accident lawyer as soon as possible after a collision. Your attorney could begin working to secure video footage and other valuable evidence right away while it is fresh. To talk to us about your case and get a free case evaluation, just call Searcy Denney Tallahassee at 888-549-7011 or contact us online today.