Is it legal to use dashcam recordings as evidence in a traffic accident?
April 7, 2023 | 50,00 EUR | answered by Gerda Dietrich
Dear lawyer,
My name is Emma Möller and I recently had a car accident in which I was not at fault. I have installed a dashcam in my car, which recorded the accident. Now I am wondering if it is legal to use this footage as evidence.
The situation was as follows: I was driving on a road at a normal speed when suddenly another vehicle changed lanes without signaling and took my right of way. This resulted in a collision, causing significant damage to my car. I immediately called the police and secured the dashcam footage.
My concern is that the other party may challenge the use of the dashcam footage as evidence. Therefore, I am wondering if I can use the footage in court without any concerns to prove my innocence.
Could you please inform me if dashcam footage is admissible as evidence in a car accident? Are there any possible legal consequences if I use the footage? And what steps should I take to ensure that the footage is accepted in court?
Thank you in advance for your help.
Sincerely, Emma Möller
Dear Mrs. Möller,
Thank you for your inquiry regarding the use of dashcam footage as evidence in a car accident where you were not at fault. I understand your concern and will gladly explain to you in detail whether and under what conditions the use of such footage is permissible.
First and foremost, I must emphasize that the legal situation regarding the use of dashcam footage as evidence in Germany is not yet fully settled. There are different opinions and court decisions on this matter. Generally, dashcam footage is admissible as evidence in court if it was obtained lawfully and does not violate the rights of individuals.
In your case, you recorded footage of a car accident where you were not at fault. The footage is intended to document the sequence of events during the accident and prove your innocence. As long as the footage was not recorded in a public space but only captured the events on the road, its use as evidence is generally permissible.
However, it is important to note that the footage should not be used to violate the privacy rights of other road users. This means that faces and license plates should be blurred before the footage is presented in court. Failure to do so could lead to legal consequences in terms of data protection violations.
To ensure that the dashcam footage is accepted in court, you should secure the footage unchanged and, if necessary, have it examined by an expert. It is also advisable to deposit the footage along with a report of the accident sequence with the police to ensure the integrity of the evidence.
Overall, dashcam footage can be used as evidence in a car accident if it was obtained lawfully and does not violate privacy rights. If you ensure that the footage meets legal requirements, it should be accepted as evidence in court.
I hope that this information has been helpful to you. If you have any further questions or need legal advice, I am at your disposal.
Sincerely,
Gerda Dietrich, Lawyer
