Is it Legal to Record Another Driver After a Car Accident?

Is it Legal to Record Another Driver After a Car Accident?

The invention of the camera phone has provided almost everyone with a tool for documenting their life. This purpose goes beyond posting on social media, and can be helpful in legal situations. In the case of car accidents, photographic and video evidence is often essential for proving liability — but is it legal to record another driver if they do not consent?

Dash Cams

Many people choose to install cameras on the dashboard of the vehicles specifically for the purpose of gathering evidence in the event of an accident. Dash cams are legal, and are a helpful tool. With footage from a dash cam, you will have solid proof of exactly how an accident happened, and who was at fault. Dash cams also collect other valuable evidence, like the other driver’s license plate number and potentially an image of their face, which can be invaluable in the event of a hit-and-run accident.

Recording the Accident Scene

After a car accident, it is important to gather as much evidence of you can of the collision scene, vehicle damage, and the identity of whoever was involved. You should collect the contact information (including the name, insurance provider, and phone number) of the other driver, as well as witnesses.

Some drivers choose to take a video of the accident scene in addition to taking pictures, and may consider recording statements from witnesses to use as evidence. If a person consents to being recorded, doing so is completely legal. If someone does not consent, choosing to record them is still legal if you are in a public place. Recording comprehensive video footage in the aftermath of a car accident can serve as quality evidence that establishes the details of what happened.

For qualified legal representation and assistance with building your case, contact Goeing Goeing & McQuinn PLLC. Call (859) 253-0088 or complete our contact form to schedule a free consultation with our team of attorneys.


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