It’s increasingly popular for California drivers to use dash cams every time they get in the car. This new technology offers a sense of security and evidence in case of an accident. However, it’s essential to understand the laws surrounding the use of dash cams. Familiarity with the legal placement of a dash cam in California, privacy concerns, and footage admissibility is crucial for staying compliant with state law.
Are Dash Cams Legal in California?
Dash cams are legal in California, but their placement and usage must comply with state laws. Under California Vehicle Code Section 26708, drivers cannot install objects on the windshield that obstruct their view while driving. However, exceptions exist for dash cams that meet specific requirements.
Dash cams serve multiple purposes. They protect drivers against fraudulent claims and provide clear evidence in accident disputes. Some insurance companies even offer discounts to drivers using dash cams, acknowledging their role in promoting safer driving habits and reducing liability disputes.
Legal Placement of Dash Cam
California law permits the mounting of dash cams in the following locations inside a car:
- A 7-inch square area in the lower right-hand corner of the windshield,
- A 5-inch square area in the lower left-hand corner of the windshield,
- The dashboard provided it does not obstruct the driver’s view, and
- The rearview mirror area if it does not exceed 5 inches in size.
Proper placement is essential. Incorrect mounting results in fines and may also affect the viability of recorded footage in legal proceedings. Dash cam manufacturers provide specific guidance on how to install devices to comply with state laws.
Can You Submit Dash Cam Footage to the Police?
Yes, you can submit dash cam footage to the police. Many law enforcement agencies accept video evidence in collisions, reckless driving, or criminal activity cases. However, law enforcement’s use of the footage depends on its clarity, relevance, and how well it captures the incident. Complying with the following elements will ensure useability by the police:
- Make sure the timestamp and GPS location are present and accurate,
- Avoid tampering or editing the video, and
- Provide the original file in a widely accepted format.
Some police departments even allow the digital submission of dash cam footage. Digital submissions make it easier for drivers to share recordings of hit-and-run incidents or other roadway violations. Having a high-quality dash cam that records in full HD or 4K resolution improves the usability of the footage.
Dash Cam Footage and Privacy Laws
California has strict privacy laws prohibiting recording private conversations without consent. Since California is a two-party consent state, recording conversations inside a vehicle without all parties’ consent may be illegal. Complying with this law requires undertaking the following actions to ensure the admissibility of dash cam footage:
- Muting audio recordings or informing passengers that the dash cam is recording, or
- Using dash cams that capture only visual footage to avoid privacy violations.
Additionally, dash cams with rear-facing cameras pose another set of privacy concerns. Failure to comply with these laws may result in civil lawsuits and penalties.
Are Dash Cams Admissible in Court?
Dash cam footage is often admissible in California courts, provided it meets specific criteria:
- The video is clear and untampered,
- It was legally obtained and does not violate privacy laws, and
- It is relevant to the case and helps establish facts.
Judges may exclude footage if they find it unfairly prejudicial or if it violates any evidentiary rules. However, in most accident and liability cases, dash cam footage serves as valuable evidence.
Additionally, insurance companies may use dash cam footage during claims investigations. If a driver submits a claim, having video evidence sometimes expedites the process and reduces disputes regarding fault. It is always advisable to store multiple copies of crucial recordings in case attorneys or other involved parties need them.
Employer and Rideshare Dash Cam Rules
Additional regulations apply to commercial drivers and rideshare operators. Companies like Uber and Lyft allow drivers to use dash cams, but they must notify passengers. Employers who monitor employees through dash cams must comply with California’s labor and privacy laws.
Employers using dash cams to track employees must ensure that this type of monitoring does not violate workers’ rights. Transparent policies about dash cam usage, including data storage and retention, help prevent legal disputes.
Benefits of Using a Dash Cam in California
Using a dash cam provides several advantages beyond legal compliance. Here are some key benefits:
- Protection against fraud. Dash cams help deter fraudulent claims, such as staged accidents or false injury reports.
- Accurate accident evidence. In the event of a crash, dash cam footage may clarify who was at fault and assist in resolving insurance claims and legal proceedings.
- Capturing road incidents. Dash cams record dangerous drivers, road rage incidents, and unexpected events that may be useful for authorities.
Some drivers may also become more conscious of their behavior if they know others are recording them on the road.
How to Choose the Right Dash Cam
When selecting a dash cam for use in California, consider the following factors to ensure you choose the right one for you:
- Resolution—higher resolution (1080p or above) ensures clearer video quality,
- Field of view—a wider field of view captures more of the road and surrounding environment,
- Night vision—essential for capturing incidents that occur in low-light conditions,
- GPS and timestamping—these features provide additional verification for legal and insurance purposes, and
- Loop recording—ensures continuous recording without running out of storage space.
Investing in a high-quality dash cam with reliable features ensures compliance with California laws while maximizing the benefits of having a recording device in your vehicle.
Contact Us
Understanding California dash cam laws ensures that you stay within legal boundaries while protecting yourself on the road. If you face legal issues regarding dash cam usage or need guidance on submitting footage for a claim, Henderson Law can help.
Henderson Law has extensive experience in personal injury and motor vehicle accident cases. With over 25 years of trial experience, attorney Michael Henderson has secured millions in settlements for clients across Sonoma County, Petaluma, Rohnert Park, Windsor, and Healdsburg. Consult a trusted legal expert to protect your rights and stay informed about California’s dash cam laws. Contact us today by phone or email to get started.