Vehicle Dashboard Cameras: What Florida Residents Should Know
One of the fundamental challenges facing the majority of court cases in the United States is proving who was at fault. When a driver gets into an accident due to someone else’s negligence and suffers a personal injury as a result, he or she will likely want to take legal action against the other party. Proving fault, however, can be a tricky thing to accomplish.
Vehicle dashboard cameras, or “dash cams”, are one solution to the challenges of proving who was at fault in an accident. These cameras sit on a vehicle’s dashboard or windshield and constantly record driving activity.
While the evidence collected from dash cams can be helpful in presenting a case of claim for compensation due to personal injury, some people are unclear on the laws regarding their use. Each state has different laws for dash cams; if you are a Florida resident, continue reading to find more information about the utilization of dash cams in your state.
Understanding Florida’s Windshield Law
In the interest of public safety, Florida law states that drivers cannot place anything in their windshield area that can potentially obstruct their view while driving. For this reason, defendants in personal injury cases may contest to the court that your use of a dash cam was violating the windshield law, and therefore you were comparatively negligent as well.
Understanding Florida’s Video Recording Law
Florida law also specifies that individuals cannot record video of another person if there is an expectation of privacy in the situation. This can become tricky territory for courts, because it begs the question of whether or not a vehicle is considered a private place.
In addition the state requires individuals to obtain consent before recording someone. This also becomes complicated because dash cams by design record video of a vehicle, not necessarily the person operating that vehicle. As with the state’s windshield laws, consulting with a qualified Florida personal injury attorney is your best bet to ensure you are abiding by the law here.
Understanding Comparative Negligence
Florida is a comparative negligence state, meaning that courts will look at the actions of both drivers involved in a wreck. If you are awarded a specific amount of compensation for damages, but the defendant was able to prove that you were acting in a somewhat negligent manner, this can impact the amount of money you ultimately receive.
For example, if you were awarded $100,000 in compensation, but the courts determined that you were 10% at fault for the events that led to the accident, you would only be awarded $90,000.
Working with Professional Counsel
If you need assistance from a skilled Orlando personal injury attorney, contact Payer Law today. We can help you throughout each step of your case.