Your driver has been involved in an accident, and it’s not his fault. That’s what he says, and he’s sticking with it. If only there was some way to prove it. Dashcams can do just that. But is dashcam footage admissible in court? Does it provide you with any legal protection? Let’s see how dashcam footage is viewed in the eyes of the law.

Determining Court Admissible Evidence

Today, there is an abundance of recorded material floating around. We all have smartphones that contain hours of content. Dashcam recordings are not just good for private vehicles. Dashcam for fleet management operations can help to keep drivers safe and operational. But when it comes to admissibility in court, there are several questions to consider. Generally, dashcam footage should be considered court admissible evidence. What is and isn’t court admissible footage will vary from state to state. Some states have laws regarding consent to making audio recordings.

State Law on Consent

For example, 16 states require two-party consent to audio recordings taking place. This consent must be obtained before starting the recording. This includes populous states such as California, Illinois, and Massachusetts. The remaining states require only one-party consent. In these cases, you do not have to request consent before making the recording. This means that it is possible that dashcam court evidence could be thrown out if it includes audio. However, these restrictions do not currently apply to video recordings. They are usually legal and therefore court admissible footage with or without consent. Laws change all the time, though, so it is good to check with an attorney first.

Defining Reasonable Expectation of Privacy

In public, it is usually safe to make video recordings. There is no reasonable expectation of privacy if you are in a public place. Therefore truck dashcam footage recorded on public highways should be court admissible evidence. However, the law on private properties is different. You may need to turn it off or request consent before filming on private property.

How to Use Dashcam Footage as Evidence

Insurance companies usually prefer to sort matters out between themselves. Going to court to establish fault is usually their last option. However, this can mean that your company could get stuck with higher premiums unless you provide evidence. You can pass on truck dashcam evidence to your insurance company. They can then use it to establish fault and protect your future premiums from rising. This can also help you in cases of fraud. Unscrupulous road users may deliberately cause accidents. They then make fraudulent insurance claims. Dashcam footage can help to show exactly where the fault lies. You can also provide dashcam footage to the authorities. This could help your fleet drivers to avoid prosecution, which could cost them their license, and you the use of their services.

Choose TrackNet for Your Fleet Telematics

If an accident involving one of your drivers ever does come to court, dashcam footage could be a lifesaver. It can help to prove fault and exonerate your drivers. For this reason and many more, it’s wise to equip your fleet with TrackNet cameras. TrackNet cameras provide real-time monitoring. Wherever your drivers are in the continental United States, you can see what’s happening. Contact us today with any pricing questions or see how we could be of service to your fleet.