In Colorado, dash cameras are becoming increasingly popular as drivers seek reliable, objective evidence of what happens on the road. But can this footage actually help you in legal matters?
In short, dash cam recordings are generally admissible in Colorado courts, provided they meet specific legal standards.
If you intend to use dash cam footage as evidence in your car accident case, seek experienced legal guidance from our Castle Rock car accident attorney at Casares Injury Law. Schedule a free consultation today.
Legality of Dash Cams in Colorado
Colorado law permits the use of dash cams in personal vehicles. However, under C.R.S. § 42-4-201(3), when using a dash cam, drivers must maintain a “normal and unobstructed” view through the windshield.
Colorado follows a one-party consent rule for audio recordings, meaning you can legally record conversations inside your vehicle if at least one participant consents. That includes yourself.
In shared or rideshare vehicles, it’s advisable to inform passengers that audio is being recorded to avoid privacy concerns.
Using Dash Cam Footage in Castle Rock Car Accident Claims
Dash cam footage is often one of the most compelling pieces of evidence in insurance disputes and civil lawsuits. Colorado’s courts generally deem video evidence admissible if it complies with evidentiary rules.
Dash cam footage can help establish the following:
- Traffic signal status and right-of-way
- Speed, braking patterns, and vehicle maneuvers
- Road, weather, and lighting conditions
- License plates and vehicle identification
- Hit-and-run incidents or unidentified drivers
Clear video evidence can help prove that another party was at fault for your accident and that your compensation shouldn’t be reduced under Colorado’s modified comparative negligence rules.
Evidentiary Requirements for Dash Cam Footage
For dash cam recordings to be admitted in court, they must satisfy the Colorado Rules of Evidence (C.R.E.), specifically:
- Relevance (C.R.E. 401): The footage must relate directly to the incident and make a fact at issue “more or less likely.”
- Authenticity (C.R.E. 901): You must demonstrate that the footage is genuine and unaltered. Typically, the driver or another witness will authenticate the recording.
- Foundation: A witness must confirm the time, location, and circumstances of the footage.
- Chain of Custody: You should maintain a log of who accessed, copied, or handled the footage to avoid claims of tampering.
Audio may trigger hearsay analysis under C.R.E. 801–807, but visual evidence is generally evaluated like photographs or videos. Either way, proper preservation and authentication are key to ensuring your footage holds up in court.
Preserving Footage After a Crash in Castle Rock
Preserving your dash cam footage after an accident is crucial to maintaining its evidentiary value. After the crash, you should save the original video file immediately.
Additionally, you should create secure backups (e.g., external drive, cloud storage) and document each time the footage is accessed, copied, or shared.
It’s important to avoid modifying, editing, or deleting footage. Doing so could spoil the credibility and admissibility of the recording.
Contact a Castle Rock Car Accident Lawyer for Help After a Crash
Dash cam footage can strengthen your right to compensation after a crash, but only if it is handled properly.
Our experienced car accident attorney in Castle Rock, Dale G. Casares, can help by:
- Authenticate and preserve your footage
- Coordinate expert analysis if needed
- Ensure compliance with evidentiary rules
- Advise you on responding to subpoenas or legal demands
At Casares Injury Law, we have extensive experience building car accident cases using dash cam footage and other evidence. Contact us today to schedule a free consultation to learn more about your rights after a crash.