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What Happens if My Car Accident Was Caught on Video?

12/11/2020
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Many people in Florida, as well as all other states, are using “dashcams” or dashboard-mounted cameras to record their driving. In many cases, individuals use the devices intending to obtain evidence for car accidents or traffic stops. Because of this, drivers may want to know: (1) whether it’s legal to use a dashcam in Florida, and (2) whether dashcam recordings can be admitted as evidence in personal injury lawsuits.

If you have dashcam evidence of an accident or traffic stop, let a Florida personal injury lawyer at Searcy Denney help you understand your legal options.

Is it Legal to Use a Dashcam in Florida?

Title XXIII §316.2004 of the Florida Statutes states that drivers cannot operate a vehicle when their view is obstructed. Specifically, the law reads: “No person shall drive any motor vehicle with any sign, poster, or other non transparent material upon the front windshield, side wings, or side or rear windows of such vehicle [that] materially obstructs, obscures, or impairs the driver’s clear view of the highway or any intersecting highway.” 

Otherwise, they will be subject to a nonmoving violation and a small fine. Therefore, dashcams are legal in Florida as long as they don’t obstruct the driver’s view. Since the statute’s wording is somewhat vague, it’s best to mount the camera directly on the dashboard or the rearview mirror rather than on the windshield itself.

Can Dashcam Footage be Used as Evidence in an Accident?

Title XLVII §934.03 requires the express consent of everyone involved in a conversation that is being recorded in Florida. This law is relevant because many dashcams also record audio, which can pick up conversations between passengers and people outside the vehicle within earshot of the dashcam device.

The use of dashcam footage as evidence is currently undecided under Florida law. Nonetheless, dashcam evidence should be allowed under the same circumstances as all other electronic photographic and video evidence.

Title VII of the Florida statutes states that “videotapes” are within the realm of photographs and admissible under the following circumstances:

  • The video clearly and convincingly depicts a specific showing or alleged fact about the case, and
  • The video is authentic, determined under the sworn testimony of the individual who recorded it or responsible for its capture.

Nonetheless, as the issue is still somewhat unsettled, it’s best to contact a Florida personal injury lawyer at Searcy Denney when you have dashcam evidence that supports your version of the facts in an accident or traffic stop.

Contact a Florida Personal Injury Lawyer for More Information

Dashcam evidence, or evidence from an independent video source, may be admissible as evidence to support your side of the story during a vehicle accident or traffic stop in Florida. 

If you have been involved in an auto accident or traffic stop, and have video evidence that supports your position, contact a Florida personal injury lawyer at Searcy Denney. We offer a free consultation and work on a contingency fee basis. If you need our help, contact us online today.

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