Your Dashcam Could Save You Or Destroy Your Personal Injury Case in Rochester

Big Brother’s Watching: How Dashcam Footage Can Make or Break You in a Rochester Court

Dashcams are everywhere. They can be powerful tools in proving fault—or exposing mistakes. Maybe you've got one. Maybe the guy next to you does. They capture everything—good, bad, and ugly. 

But here’s the real question: can that footage help you in court, or will it come back to bite you? If you're dealing with the aftermath of an accident, the Rochester injury attorneys at Horn Wright, LLP, can help you figure out how to use your footage to your advantage.

Rules of Evidence for Video Footage

If your dashcam caught an accident, that footage could be a game-changer. But not all videos make it into court. Here’s what judges look for:

• Relevance – Does the footage actually prove something about the accident? If it doesn’t, it won’t help you.
• Authenticity – Can you prove the video hasn’t been tampered with? Courts might require metadata or expert verification.
• Clarity – Blurry, shaky, or incomplete footage? That could weaken your case. Videos missing timestamps or obstructed views may not hold up.

New York courts accept dashcam footage, but only if it checks all these boxes.

Can You Submit Someone Else’s Dashcam Footage?

Short answer: yes. But it’s not always easy. 

If another driver’s dashcam caught your accident, getting that footage could require legal action. They’re not obligated to hand it over unless subpoenaed.

New York law allows third-party dashcam evidence, but it must be verified, unedited, and legally obtained.

Caught on Camera: Dashcams Don’t Lie—But They Can Hurt or Help You

Dashcams record what actually happened, but will that help your case or destroy it? That depends on what’s on the tape.

Capturing Reckless Driving and Traffic Violations

Dashcams can expose dangerous driving, like:

• Speeding – If the video shows the other driver flying past traffic, that’s powerful evidence.
• Running Red Lights – A timestamped video of someone blowing through a light? That’s hard to argue against.
• Distracted Driving – If the other driver was texting, eating, or doing anything but focusing on the road, your footage could prove it.
• Illegal Lane Changes – Dashcams catch people weaving through traffic or cutting off other drivers.
• Failure to Yield – If someone ignored a stop sign or didn’t let pedestrians cross, your footage can hold them accountable.

On the flip side, if the footage shows you made a mistake? That’s exactly what the other side will use against you.

Think Before You Hit Record! Rochester’s Dashcam Privacy Laws Might Surprise You

Dashcams are legal in New York, but that doesn’t mean you can record whatever you want. There are rules and breaking them could land you in trouble.

Understanding Two-Party vs. One-Party Consent

New York follows one-party consent laws for audio recordings. That means:

• You can record conversations you’re part of, even without telling the other person.
• You can’t record conversations between others without their permission. That’s illegal wiretapping.
• If your dashcam captures private conversations without consent, you could face fines or legal action.
• Video-only recordings in public places (roads, intersections) are fine—there’s no expectation of privacy.

Breaking these rules can get your footage thrown out—or worse, get you fined under the law.

Busted! When Your Own Dashcam Footage Turns Against You

Think your dashcam will always work in your favor? Think again. If your footage doesn’t match your story, you could be in trouble.

Risks of Providing Conflicting Accounts

If your testimony says one thing but your dashcam shows another, expect problems:

• Lower compensation – If the video shows you were partially at fault, insurance companies will pay you less.
• Case dismissal – If you were dishonest, your claim could get thrown out entirely.
• Fraud accusations – If the footage proves you exaggerated or lied, you could face legal consequences.
• Credibility issues – Once you’re caught in a lie, nothing else you say will carry much weight.

Insurance fraud cases rely on dashcam footage more than you’d think.

How to Defend Yourself If Footage Hurts Your Case

If your dashcam tells a different story than you do, don’t panic. Here’s what you can do:

• Be honest with your attorney – They need the full picture to help you.
• Highlight supporting evidence – Witnesses, police reports, or additional footage can add context.
• Challenge unclear footage – If the video is low quality or doesn’t show the full event, argue that it lacks context.
• Prove shared liability – Even if you made a mistake, the other driver might have contributed to the crash too.

Trying to alter or hide footage? Bad idea. That could get you into serious legal trouble.

The Ugly Truth: Insurance Companies Will Use Your Dashcam Against You

Insurance companies are not on your side. If they can twist your footage to pay you less, they will.

Can Insurance Companies Deny Claims Based on Dashcam Evidence?

Absolutely. If your dashcam footage shows even a little fault on your part, insurance companies may:

• Deny your claim – If they can argue you were at fault, they don’t have to pay.
• Reduce your payout – New York’s comparative negligence law means your compensation drops by the percentage of fault you share.
• Delay payments – They’ll scrutinize your footage to find anything that benefits them.
• Cherry-pick clips – They might use just part of the footage to make it seem like you’re at fault.

New York’s pure comparative negligence rule means if you’re 20% responsible, your payout drops by that percentage.

Make Dashcams Work to Your Advantage with Proper Legal Guidance

Dashcams are a double-edged sword. If you're facing legal challenges, an experienced counsel can help you understand the risks and rewards of using your footage in a legal claim. These evidences can clear your name, or they can sink your case. 

Before handing over footage, make sure you know how it could be used—by both you and the insurance companies. The Rochester personal injury attorneys at Horn Wright, LLP, could help you figure out your next steps. 

And if you're dealing with something more complex, like a medical malpractice lawsuit help or a workplace injury attorney case, we can also provide the expert support you need before making a move.

Call our office at (585) 245-0255 to request your free, confidential initial consultation with one of the best law firms in America.