Is it Legal to Use a Dashcam in Texas?

Key Takeaways

Dashcams Are Legal in Texas: Drivers can install dashcams, but they must avoid obstructing the windshield and respect privacy.
Recording Consent: Filming public roads is generally legal, but avoid private property to ensure admissibility.
Evidence Use: Dashcam footage can support personal injury claims by establishing liability, documenting accident details, corroborating witnesses, and showing severity.
Admissibility Factors: Videos must be relevant, authentic, and properly founded to be accepted in court.
Limitations: Poor footage, accuracy disputes, privacy issues, or tampering concerns can challenge dashcam evidence.
Experienced Representation Matters: The Callahan Law Firm leverages dashcam evidence and over 30 years of experience to fight for full compensation.

Installing dashboard cameras, often called dashcams, in private vehicles is increasingly common in Texas, and for good reason. The small devices can provide peace of mind and legal protection by recording any incidents that occur when you are on the road, including accidents.

You might wonder whether using dashcam footage as evidence is possible in Texas. In short, yes, it often is. However, there are some important guidelines about how dashcams can be used, how to position them in your vehicle, and what kind of recordings are admissible in court. Understanding Texas dash cam laws can help you protect your legal rights.

Contact The Callahan Law Firm today, or call us 24/7 at (713) 589-7767 for a free consultation with a car accident lawyer about how we can use your dashcam videos in your personal injury case. We are conveniently located at 440 Louisiana St #2050, Houston, TX. Visit us! We take your injury personally.

Texas Dashcam Laws and Rules for Recording

In Texas, no specific laws prohibit drivers from installing or using dashcams.

However, there are some related laws to consider:

Windshield Obstruction Rules

Drivers must position dashcams to avoid obstructing the driver’s clear view of the road. The Texas Transportation Code requires that your windshield remain free from unnecessary obstructions. That means you should mount the camera in a location outside the driver’s line of vision, like behind the rearview mirror, so it records effectively without obstructing your view.

Texas Recording Consent Laws

Texas law does not generally prohibit recording video in public areas where people do not have a reasonable expectation of privacy. That means filming roadways, intersections, and other vehicles is legal in most circumstances.

Privacy Considerations

While filming public roads is legal, dashcam owners should avoid pointing cameras directly into private property or using footage in ways that violate others’ privacy rights. Courts will likely admit dashcam evidence in Texas personal injury cases when the recording is relevant to the cause of the crash and is properly authenticated under the Texas Rules of Evidence.

Do Dashcam Recordings Count as Valid Evidence?

When can dashcam recordings be used as evidence, and when can they not?

Here are three key factors for consideration:

Relevance – The video must prove or disprove a fact or facts that matter to the outcome of the case. For instance, if it shows the accident or the moments before it, the judge can rule that the evidence is relevant. However, if the recording shows things that are not pertinent to the case or that do not prove or disprove a fact of consequence, the judge will likely rule the video is not relevant and therefore inadmissible.
Authenticity – You must prove that the video is what it purports to be and does not include any alterations or tampering. That can be done through testimony from the dashcam owner or digital timestamps and metadata.
Foundation – There must be testimony to lay the foundation for the recording to establish what it is, where it came from, whether it fairly and accurately depicts what is shown in the video, and perhaps additional questions based on the recording. Grainy, blurry, dark, or obstructed footage may be challenged by the defendant.

How Dashcam Footage Can Support Your Personal Injury Case in Texas

Videos can provide some of the most substantial evidence when trying to prove a personal injury claim. While paper documentation, witness statements, and expert testimony may be convincing, few things can support a claim quite like a video recording of the actual event.

Using dashcam video footage in Texas accident lawsuits can support your case by:

Establishing liability – The at-fault party’s version of events may directly contradict yours, but it is far more challenging to deny responsibility when video evidence shows the negligent behavior that led to the crash.
Documenting accident details – Recordings may capture elements such as weather conditions, road conditions, traffic signals, traffic signs, and the actions of all involved drivers, helping your attorney build and present a compelling case.
Corroborating witness testimony – If there were any witnesses to the accident, dashcam videos can back up their testimony and lend more credibility to your claim.
Showing severity of the collision – Recordings of the crash can often communicate the force of the impact (and therefore the significance of your injuries) more effectively than verbal descriptions, medical records, or even still photographs.

Proving Fault with Dashcam Footage in Texas Car Accidents

Finger-pointing is extremely common with car accident claims. However, when the car wreck is caught on camera, it is a lot harder to play the “he said, she said” game.

A few examples of when dashcam recordings might help prove fault include:

Showing whether the at-fault driver ran a red light or ran a stop sign
Showing whether the other driver made an unsafe lane change
Proving that a rear-end collision was not caused by a sudden stop, but instead by the at-fault driver simply not paying attention
Disproving the other driver’s claims about why the crash is not their fault

In short, dashcam footage can provide critical evidence to support your description of what happened and show that the other driver caused the crash. It may be the thing that tips the scales in your favor and helps your attorney obtain a significant settlement or verdict on your behalf.

Challenges and Limitations of Using Dashcam Evidence

Proving fault with dashcam videos in Texas is not without its challenges.

Some issues that may arise include:

Poor footage – The camera lens may be obstructed or the angle of the recording may be such that the video does not capture relevant events
Accuracy disputes – Insurance companies might try to argue that a dashcam recording is unclear or does not show the entire sequence of events.
Tampering concerns – It is critical to establish that the video is in its original condition and accurately shows what is recorded. Maintaining or preserving the original files is essential.
Privacy issues – If the recording includes private conversations or unrelated third parties, portions of the video may not be admissible in court.

Why Choose The Callahan Law Firm?

Choosing the right law firm to represent you can make all the difference in the outcome of your car accident case.

Here is why The Callahan Law Firm is the right choice for you:

Over 30 years of experience – We have protected the rights of injured Texans and their families for over three decades, and we know what it takes to win.
Client-focused representation – We intentionally take a limited caseload to give every client the attention they deserve. You are not just another file in the folder. You are a priority.
Strong communication – We make ourselves available to you. You can contact us by phone, text, email, or video chat, whichever is easiest and most comfortable for you.
Aggressive advocacy – We will stand up to the big insurance companies who try to minimize your payout. We will fight for the accountability and compensation you deserve, whether at the negotiating table or in the courtroom.

Speak with a Texas Personal Injury Lawyer

If you or a loved one have suffered injuries in a car accident, you need an experienced personal injury attorney to protect your rights. The team at The Callahan Law Firm knows how to properly utilize dashcam footage to prove your case so that you get full justice under the law.

Contact us today or call us 24/7 at (713) 589-7767 for your free consultation with a Texas personal injury attorney at our law offices.