Dash cam evidence in court

Are you thinking about buying or using a dash cam? The relatively cheap gadgets are becoming commonplace on car windscreens in some places around the world, and the video they produce can help you in the event of an accident. But in Australia there are rules to dash cams' use for evidence and practical considerations.

A dash cam (or dash camera) – a video camera fastened to dash or windscreen to capture the action taking place ahead of a car – is still relatively uncommon in Australia, unlike other parts of the world where drivers can be particularly obtuse or arrogant, and crashes occur as a matter of course.

But even in Australia, there's a growing trend to install dash cams inside the car, providing proof of the negligence or culpability of other drivers when something untoward happens.

Dash cams often incorporating a global positioning system (GPS) function to record time and location with the footage. The GPS coordinates and time stamp prove that you and your car were you claimed to be, when testifying in a court of law. These cameras have been particularly popular in commercial vehicles operated by professional drivers, for obvious reasons.

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When do dash cams help?

Apart from the money earned selling unusual footage to some sensationalist TV show [Ed: good luck with that!], dash cam video may pay dividends when it supports your case for damages against a third-party driver who has backed into your car, run a red light or damaged your car through some other instance of negligence or act of willful stupidity.

Again, GPS is invaluable for recording the time and location of an incident, and buying a dash cam with a GPS facility is highly recommended. Beware of cameras that don't offer full HD video quality during the recording process.

The recording of video footage can establish that a 'third-party' driver was at fault. This could lead to the third party being charged by police for a reckless act, or his or her insurer settling a claim for damage. A dash camera can also clear a driver of wrongdoing in the event that a pedestrian steps out in front of the car.

In the past, dash cams have captured acts of road rage, helping police prosecute the culprit. Occasionally they have recorded other criminal acts – aggravated burglaries and criminal property damage – that may not have led to actual vehicle damage or physical assault of the driver. Most dash cams will record night vision, in varying degrees of video quality also.

With all the good that dash cams can do, there are a couple of points to bear in mind, however.

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Admissibility in court

Video footage recorded by a dash cam may be admissible in court, but if it so happens that recording the footage involves recording a private act, and/or is within the perimeters of private property, it may not be admissible. Any legal counsel defending someone against a criminal charge for an act caught on a dash cam will argue for it to be excluded from evidence.

It may also be inadmissible if the dash cam records audio as well as video, and audio was recorded by the unit without consent from the person recorded during a criminal act or other event leading to a legal claim.

The whole truth

While the old truism tells us that the camera never lies, dash cam video may not provide the unvarnished truth of the circumstances in which a vehicle has been damaged.

Facing forward to record through a windscreen, the camera shoots through a wide-angle lens. But even with that, it may miss something pertinent taking place outside the periphery of the view ahead. A tap in the rear won't be recorded by the dash cam, of course.

And then there are the vehicles approaching from left or right – out of view until the last moment. The dash cam won't record how fast a vehicle is travelling either. It's left to investigators reviewing the footage to determine whether the vehicle was speeding or not.

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Legal mounting

Camera footage often shows a view from near the base of the windscreen, where the camera does not obstruct the driver's view of the road ahead. This is a legal stipulation, as it is also for portable GPS units and mobile phone mounts. Cameras can also be mounted near the top of the windscreen close to the rear-view mirror, but once again, not impeding the driver's use of the mirror. The laws for dash cam mounting do vary from state to state.

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