Is It Legal to Have a Dashcam in Florida?
If you were in a car accident in Florida, you probably think you need evidence to prove that the other driver was liable for the collision. However, Florida is a “no-fault state,” meaning that no matter who caused the crash, each person’s insurance company will cover part of their medical bills. Drivers may get attorneys involved to pursue the total cost of medical bills and lost wages, in addition to other damages. To make a strong case, evidence is needed that shows the other driver is liable for the accident.
Dashcams, also known as dashboard-mounted cameras, can provide evidence that the other driver caused the crash that led to the damages. However, the legality of dashcams and whether you can use dashcam footage as evidence in court come up quite often. If you’ve been in a car accident and your insurance will not cover the full amount of your damages, you should seek out an expert car accident attorney. They can help determine whether your dashcam is legal and how they can use the footage in court to secur e you compensation for excessive damages.
The Legality of Dashcams in Florida
Most drivers mount cameras on their windshields using a suction cup. Under Florida Statute 316.2004, drivers cannot operate a vehicle when something is obstructing their vision on the windshield. The vague wording of the statute makes it hard to determine if a windshield mount qualifies as an obstruction, so it’s best to find another way to secure the camera so that it won’t block your vision.
The punishment for an obstruction on your windshield is a non-moving violation. While that may not sound like a big deal, you have to think about the bigger picture of determining fault in a car crash. The other driver’s lawyer may use the dashcam against you in this situation.
Florida Statute 934.03 prohibits people from collecting audio of another person without obtaining permission. Essentially, this means it may be illegal for you to have an audio recording feature on your dashcam. It’s essential to inform the other driver about the camera to protect yourself legally if you were in a crash.
Can You Use Dashcam Footage as Evidence in Florida?
You can use dashcam footage as evidence to prove fault in a personal injury or property damage claim in civil cases. This can be critical when trying to obtain the compensation you need to cover any damages.
You can find videos on YouTube or Facebook from dashcams that captured road rage, poor driving, and negligence, all of which would be hard to prove without video evidence. There could also be cases when a pedestrian or bicyclist is clearly at fault for a collision.
Remember that dashcam footage goes both ways and will showcase your driving as well. If you were driving recklessly, your claim might not go as you hope. The defendant will always have a chance to see any new evidence, and their attorney will likely try to use the footage against you.
What Type of Compensation Can I Receive for My Claim?
All car accidents are different, but after thoroughly investigating your claim, your Florida car crash attorney might be able to secure compensation for the following losses:
- Medical bills
- Lost wages
- Pain and suffering
- Wrongful death
- Permanent disabilities
Remember that Florida is a no-fault state, so you must have at least $10,000 in personal injury protection as a motorist. However, insurers will only cover up to 80% of your medical expenses. To obtain the remainder, you must seek guidance from an attorney. Your attorney can also help file a claim against the other party to help cover any remaining costs.
Skilled Car Accident Attorney in Orlando
If you’ve been in a car accident and your insurance won’t cover all the damages, reach out to the car accident attorneys at The Umansky Law Firm. With more than 100 years of combined experience, Attorney Umansky and his team have secured millions of dollars in financial compensation for their clients.
As former prosecutors who have tried hundreds of cases in Florida courts, we provide a unique advantage that other law firms can’t offer. Our attorneys know how the defense will approach the case and can use this knowledge to reach a favorable outcome for your car accident claim. To learn more about our services or schedule a free consultation, call our office or complete a contact form.