Dashboard cameras, often referred to as dashcams, are increasingly popular among drivers in Illinois. These devices offer a practical way to document incidents on the road, including the ability to record an auto accident. In Illinois, dashcam footage of car accidents can serve as valid evidence in car accident cases, provided it is relevant and recorded in accordance with the state’s privacy regulations.
If you need help with your Naperville car accident case, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
Can Dashcam Footage Help Your Naperville Car Accident Claim?
A dashcam is a small device placed in vehicles that records video while driving. As of 2025, about 16% of American drivers have one. Approximately 20% of users have used dashcam footage for insurance claims, and 12% for legal matters.
Car accident Lawyers know how dashcam footage can help your car accident case, providing clear evidence of who was at fault and clarifying the sequence of events. As an impartial source of evidence, it can strengthen claims, helping you secure fair compensation. Whether for a minor incident or a serious crash, having a dashcam helps to safeguard your rights.
Evidence of Fault
One of the common questions about car accidents is who was at fault. Dashcam footage helps establish this. Conflicting accounts between parties often complicate these situations. Video evidence provides an unbiased view, showcasing behaviors like reckless driving, sudden lane changes, or running red lights. This footage can strengthen your claim and help hold the negligent driver accountable.
Sequence of Events
Dash cam footage captures the sequence of events leading up to a collision. These moments are often quick and difficult for witnesses to recall accurately. By documenting the incident in real time, the footage can clarify what happened, especially in complex multi-vehicle accidents, leading to a better understanding of the circumstances.
Addressing Insurance Disputes
Insurance companies frequently contest accident claims to reduce payouts. Dash cam footage serves as a tool against these disputes, prompting insurers to accept liability and offer fair settlements to avoid expensive litigation. In contentious cases, this evidence can bolster your chances of a favorable outcome in court.
How Dashcam Footage Can Hurt Your Car Accident Case
Dashcam footage can be an asset in establishing fault in a car accident case in Illinois. However, it might also harm your case if it reveals evidence of your own negligence or violations.
Demonstrating Your Fault
If footage shows you engaging in careless driving, like speeding, distracted driving, ignoring traffic laws, or driving aggressively, the other party may argue that you’re partly at fault for the accident.
Highlighting Minor Violations
Even if you aren’t mainly at fault, the footage might capture minor traffic infractions on your end. While these may not have directly led to the accident, the opposing side could utilize them to argue for shared liability, which may still have an impact on your compensation.
Challenging Your Credibility
If what you say about the incident doesn’t align with the dashcam footage, even slight discrepancies could cast doubt on your reliability in the eyes of the court or insurance companies.
Audio Recording Problems
Dashcams with audio capabilities might inadvertently record statements that could be damaging to your case. Admissions of fault or other negative remarks captured could be used against you.
Is Dashcam Footage Admissible in Illinois Car Accident Lawsuits?
Dash camera footage can typically be used as evidence in Illinois courts, provided it meets legal criteria. According to the Illinois Rules of Evidence, the video must be relevant, authentic, and untouched. If there are doubts about its unaltered state or relevance to the incident, the footage could be dismissed.
However, there are situations where dashcam footage might not be allowed:
- It fails to capture the accident or pertinent details.
- The video quality is too poor or obstructed to be useful.
- It was recorded in violation of Illinois laws.
- There are indications that the footage has been modified.
- Issues with the chain of custody affect the credibility of the evidence.
In these cases, dashcam footage won’t be usable for insurance claims or legal proceedings. Parties involved will need to rely on alternative evidence, such as police reports, crash scene photographs, witness accounts, or expert analysis. Are car accident lawyers worth it? Your motor vehicle accident lawyer will be able to advise you whether your dashcam footage is admissible.
Illinois Dash Cam Laws
In Illinois, dash cams are allowed under state law, as there is no specific law that bans their use in vehicles. They are regarded similarly to other personal recording devices, such as security cameras, provided they are used properly.
Placement Rules
According to the Illinois Vehicle Code, any device affixed to the windshield must not obstruct the driver’s view. Dash cams should be installed in the lower left corner of the windshield and should remain compact, typically no larger than 5 inches, to comply with this regulation.
Audio Recording Restrictions
Illinois follows a two-party consent rule. Under this rule, you cannot record audio inside your vehicle unless all passengers are informed and agree. If your dash cam captures audio, you must obtain consent from everyone in the car or disable the audio feature to stay within legal boundaries.
Public vs. Private Spaces
In general, it is permissible to video record on public roads, as there is no reasonable expectation of privacy. However, if you intend to share footage, like on social media, Illinois law recommends blurring the faces or license plates of individuals to safeguard their privacy.
If you’ve been in a car accident and have dash cam footage, it could be crucial for your case. A Naperville attorney can guide you through the process, help you understand which details are important, and knows average car accident settlement amounts. Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC to explore your options and strengthen your case.
