Sep 15 2024 | Zayouna Admin

The Role of Dashcams in Car Accident Claims: A Legal Perspective

In recent years, dashboard cameras, or dashcams, have significantly reduced in price, so have found their way onto the dashboards of thousands of cars in Toronto. Dashcams are changing the landscape of driving surveillance and, notably, car accident claims. In Ontario, as in many other jurisdictions, dashcams have become not just a tool for capturing scenic drives but a key source of evidence in legal proceedings following car accidents.

For those that are not familiar, a dashcam is a small, onboard camera that records the surroundings of a vehicle in real-time. While designs and features vary, most dashcams record video footage onto a removable storage device and can be equipped with features like loop recording, G-sensors (which detect collisions), and even GPS to record a vehicle’s location and speed. The primary purpose is to provide an objective eyewitness account of what transpired during a drive, especially in the event of an accident.

Legal Considerations for Dashcam Use in Ontario

In Ontario, the use of dashcams is legally permitted, but it comes with some privacy and legal considerations. While there are no specific laws prohibiting their use, drivers must ensure they comply with existing privacy laws and regulations regarding recording in public and private spaces. This means that while dashcams can record on public roads, the recording of conversations without consent could be a legal issue, especially if the footage is used beyond personal use.

Dashcam Evidence in Toronto and Ontario Car Accident Claims

Dashcam footage can be a pivotal piece of evidence in car accident claims. In an event where fault is disputed, a dashcam can provide a clear account of the events leading up to, during, and after a collision. This evidence can be used to ascertain the sequence of events, the behaviour of the drivers involved, and potentially the cause of the accident. Insurance companies, police officers, and lawyers can use this footage to make informed decisions and help to:

• Determine fault for the accident
• Identify drivers who fled the scene of an accident
• Prove the extent of damages
• Establish negligence in tort claims

Admissibility of Dashcam Footage in Ontario Courts

The admissibility of dashcam footage in Ontario courts hinges on several factors. The evidence must be relevant, reliable, and not overly prejudicial. Furthermore, it must be authenticated–meaning the party presenting the footage must be able to verify its accuracy and confirm that it hasn’t been tampered with.

Challenges can arise if the footage is of poor quality, lacks context, or if there are gaps in the recording. Despite these challenges, courts have increasingly accepted dashcam footage, provided it meets these legal standards.

Impact on Liability and Insurance Claims

Dashcam footage can significantly influence the determination of liability in car accidents. By providing concrete evidence of the circumstances leading up to the accident, it can clarify issues of fault, which is crucial for insurance claims. Insurers often rely on such objective evidence to assess claims more efficiently and fairly. This ultimately will affect the benefits that drivers can claim through their insurance after an accident and the impact the accident will have on their insurance premiums.

Beyond insurance claims, dashcam footage can serve as valuable evidence in car accident tort claims. Having video evidence can be invaluable for assessing liability for the accident and for establishing negligence on the part of the at-fault driver.

Dashcam users should be aware, though, that dashcam footage can also work against them if it shows them violating traffic laws or engaging in unsafe driving behaviours at the time of the accident. You are not required to provide dashcam footage after an accident. It is up to you and your lawyer to determine whether it is helpful for your case. However, if it is requested by the court, tampering with or failing to provide the footage is a criminal offence.

Limitations and Considerations

While dashcams offer several benefits in the context of car accident claims, they are not without limitations. One key limitation is the quality of the footage, which can be affected by factors like low light conditions, weather, and the speed of the vehicles involved. Moreover, dashcams typically capture only a portion of the surroundings, potentially missing critical perspectives of an accident. There’s also the issue of data storage and management; if not handled correctly, important footage could be overwritten or lost.

Furthermore, ethical and privacy considerations cannot be overlooked. Dashcam users must balance their need for security with respect for the privacy of others. In Ontario, while recording public roadways is generally permissible, using footage that captures private conversations or uses facial recognition technology without consent could raise legal and ethical questions.

Best Practices for Drivers Using Dashcams

For drivers considering the use of dashcams, adhering to best practices is essential for ensuring the effectiveness and legality of their recordings:

• Select a dashcam with adequate video quality and reliable storage.
• Installation should be done in a way that doesn’t obstruct the driver’s view and adheres to vehicle safety standards.
• It’s advisable to inform passengers that they are being recorded, especially if the dashcam captures audio.
• Regularly maintain the dashcam–check its functioning, ensure it starts with the vehicle, and periodically review that it is securely storing footage.

If you are involved in a car accident and intend to file a car accident claim, discuss with your lawyer whether the footage on your dashcam can be a valuable addition to your case.

Zayouna Law Firm: Your Trusted Ontario Car Accident Lawyer

If you have been involved in a car accident in Toronto or the Greater Toronto Area don’t hesitate to contact the lawyers at Zayouna Law Firm. Whether you have a dashcam or not, our lawyers can help you compile a strong car accident claim or challenge insurance decisions.

Our lawyers have decades of experience representing clients in complex car accident cases and will do everything in their power to help you receive the compensation you deserve. We offer free initial consultations to all prospective clients, so you can have a lawyer review your case at no expense.