Dash cams have become increasingly common on California roads, and for good reason. If you’re involved in a car accident and your dash cam captured the crash, that footage can be one of the most powerful pieces of evidence in your claim.

Is Dash Cam Footage Admissible in California?

Yes. California courts generally treat dash cam footage as admissible evidence, provided it is authentic, unaltered, relevant to the crash, and lawfully obtained. Insurance companies will also review dash cam footage during a claim, though adjusters sometimes treat video evidence with the same weight as photographs rather than giving it special priority.

Mounting Your Dash Cam Legally

California Vehicle Code section 26708 restricts objects that obstruct a driver’s view through the windshield. A dash cam mounted in a small area, typically the lower corner of the windshield behind the rearview mirror, generally complies with this law. Mounting a camera in a way that blocks a significant portion of your view could create its own legal and safety issues.

The Audio Recording Issue

California is a two-party consent state under Penal Code section 632, meaning all parties to a confidential conversation generally must consent to being recorded. This mostly affects in-cabin audio of private conversations rather than the video itself, but it’s worth knowing that audio captured without consent could be excluded from evidence even when the video portion of the same footage is admissible.

How Dash Cam Footage Can Help — and Hurt — Your Claim

Good dash cam footage can help establish the other driver’s speed, whether they ran a red light or stop sign, following distance, and the general sequence of events leading up to the crash. This can be especially valuable when there are no independent witnesses.

At the same time, footage is a double-edged sword. Because California follows a pure comparative negligence rule, any fault the footage reveals on your part, such as following too closely or being distracted, can reduce your compensation. Footage is also typically subject to discovery, meaning the other side may be entitled to see it even if it doesn’t favor you.

What to Do If You Have Dash Cam Footage After a Crash

  • Preserve the original file immediately and back it up in more than one place
  • Do not edit, crop, or alter the footage in any way
  • Avoid posting the footage publicly or sending it to the insurance company before speaking with an attorney
  • Keep a record of the camera model and settings in case authenticity is questioned later

How Tafreshi Law Group Can Help

If you have dash cam footage from a car accident in Orange County or Riverside County, our attorney can review it, help you preserve it properly, and use it to support your claim. Contact us today for a free consultation.