Is Dash Cam Footage Permissible Evidence in Illinois?
Dashboard cameras, or simply dashcams, have become commonplace among motorists in Chicago. Dashcams are a smart way to record events that happen on the road, including potentially capturing an automobile accident. Dashcam footage is typically permissible as evidence during a car accident case in Illinois; however, it must be relevant and have been recorded in compliance with the state’s privacy laws.
Illinois Dashboard Camera Laws
Dash cams are legal in Illinois, but they must be positioned in the correct way and maintain the privacy rights of the vehicle’s passengers. According to the state’s laws on windshield visibility, nothing may impede the driver’s vision or view of the roadway. Under this law, dash cams must be placed in the bottom corner of the windshield on the driver’s side. The camera and its mount must be smaller than five inches.
A dashcam may point outward and record the roadway, but it may not point inward and record the inside of the vehicle (and its passengers) without the knowledge and permission of those being recorded. The dashcam may also not record audio inside the vehicle without the consent of all participants. Otherwise, the dashcam will break Illinois’s wiretapping and eavesdropping laws.
The Role of Dashcam Footage in Illinois Car Accident Cases
Video footage can serve as vital evidence during an Illinois car accident claim. Footage captured of the collision itself or of either driver in the moments leading up to the crash could provide information about the cause of the crash and who is at fault. If a dashboard camera caught one driver running a red light or failing to yield the right-of-way at an intersection, for example, that driver could face liability for a resultant crash based on this video evidence.
Even if the crash itself was not caught on film, dashcam footage of one of the drivers involved driving erratically or recklessly in the moments leading up to the accident could serve as evidence that the driver was negligent or did not act with proper care. Examples include footage showing the driver breaking traffic laws, weaving in and out of lanes, or appearing intoxicated or drowsy prior to the collision.
Dashcam footage evidence has the power to support or contradict statements made by those involved in the car accident. Evidence and information obtained through a dashboard camera’s content could undermine a claimant or prove the truth of what he or she is claiming, making or breaking the case.
When Might Dashcam Footage Be Ruled Inadmissible?
For the most part, dashcam footage is permissible evidence in a car accident case in Illinois. The courts will allow this type of evidence as long as the footage is relevant to the case, not altered or manipulated in any way, and if the recording was done in accordance with the state’s privacy laws.
In the following circumstances, however, dashcam footage may not be used:
- It did not capture the accident or any relevant details
- The footage is too blurry or obscured to be of use
- The footage was recorded in violation of an Illinois law
- There are signs that the footage has been edited or altered
- Issues with the chain of custody taint the reliability of the evidence
In these situations, the dashcam footage may not be provided as evidence during an insurance claim or lawsuit. The individuals involved will have to search for other sources of evidence, such as police reports, photos of the crash scene, witness statements, and expert testimony.
What to Do if You Have Dashcam Footage of a Car Accident
Best practices for ensuring the admissibility of dashcam footage during a car accident claim in Illinois are to obey the state’s privacy rules, keep the original memory card that has the footage recorded, make a copy of it for your own records and let the police know about the dashcam footage at the scene of the crash. Then, bring the footage to an attorney during a free consultation for advice about how it may be used during your claim.