Are Dashcams Legal in NY — and Should You Get One?

Dash cams have become more popular than ever before, both in New York and across the country. These small cameras are mounted on the dashboard of a vehicle or windshield, and they record video when the car or truck is in motion. Some of them even record when the vehicle is stopped.

Many drivers choose to mount dash cams for security, insurance protection, or to simply document their daily commute. However, this raises a question: are dashcams legal in NY, and should you get one?

The short answer to "Are dash cams legal?" is "Yes." ...in most cases. However, there are rules about dash cams and how they are mounted, who and what they record, and how footage is used.

For drivers on Long Island and throughout New York State, understanding these rules can help to protect yourself legally and help to preserve evidence in case there is a crash.

Are Dash Cams Legal in New York? Dash Cam Laws in NYS

Dash cameras are legal in New York State, but improper dash cam installation might make them illegal in some cases. Bottom line - they cannot be installed in a way that obstructs the driver's view. Then, it becomes a legal risk to have one.

Under New York Vehicle and Traffic Law §375, objects that are places on the windshield cannot block the driver's line of sight. This applies to other things, too, including phone mounts, GPS units, or anything that might be placed on a car's windshield. You can place these things on a windshield, but they must be in the correct spot.

Acceptable Places to Mount a Dash Cam on a Windshield

In general, there are two main places you can place dashboard cameras on a windshield:

• Behind the rear view mirror

• In the lower corner of the windshield on the passenger side

In these areas, the camera minimizes obstruction, and it allows the driver to have a clear view from the driver's seat of the motor vehicle. If a dashcam is placed on the windshield or away from the rearview mirror in a way that blocks their view, they could get a citation.

Are Dash Cams Legal for Audio Recording in New York?

Another consideration in regard to the legality of dash cams in NYS is audio recording. Many dash cams record both video footage and audio.

In New York, there is a one-party consent law for audio recording. This means that only one participant in a conversation consents to being recorded. So, you don't need audio recording consent in you are the one party that knows there is recording happening. In a one party consent state like NY, however, recording can still be dicey, especially in the case of an accident.

You might not need audio consent, but if you record audio inside the car and get in an accident, recordings from the camera could offer evidence to the other party that you are at fault. This is why some people disable audio recording on their cameras.

Can Dash Cam Footage Be Used in a Car Accident Case?

Definitely. Dash cam footage is very useful following a car accident. In many cases, it offers a clear and objective account of what actually happened.

Video recordings may help show:

• Which driver had the right-of-way

• Whether a driver ran a red light or stop sign

• Dangerous behaviors such as speeding or distracted driving

• Road conditions at the time of the crash

Both insurance companies and attorneys review dash cam footage when investigating an accident claim. They can share how a dashcam could impact your accident claim in NY. In some cases, the footage can also be used as evidence in court. However, courts will look at the footage to ensure that it hasn't been changed or edited, that it accurately reflects what happened, and that it was obtained legally.

When recorded correctly and legally, dash cam video can make a personal injury claim very solid.

How Dashcams Can Help After a Car Accident

Car accidents often involve conflicting accounts. Each driver might have their own explanation about what happened. A dash cam, however, can offer a neutral account of the events, which can make a great difference in the final outcome.

Some of the ways a dash cam can help following an accident include:

Providing Clear Evidence

Video footage of an accident can show what happened right before the crash. This can be invaluable as it may show:

• Traffic signals

• Lane changes

• Sudden braking

• Aggressive driving

Protecting Against False Claims

Another thing that dash cams offer is that they can protect against false accusations. A dash cam, in this case, can protect you if another driver:

• Claims you caused the accident

• Accuses you of reckless driving

• Provides inaccurate statements to police or insurance companies

Supporting Insurance Claims

Another thing that dashboard cams can do is offer evidence to insurance companies. The footage can be used to speed up the claims process and reduce any disputes.

Documenting Hit-and-Run Accidents

Dash cams are also important in hit-and-run accidents. The dash cam might capture the other driver's license plate, the direction the vehicle traveled after the collision, and details about the vehicle involved. This information can help authorities identify the driver who left.

Situations Where Dash Cams Can Be Especially Helpful

It's true that dash cams are useful in many everyday driving situations, but they can be especially helpful in cases where liability is disputed. Here are some examples:

Intersection Collisions

Crashes at intersections often are disputed because every driver says the other had a green light. With the right dashboard placement, however, a dash cam will show the traffic signal clearly and show who had the right-of-way.

Rear-End Accidents

Rear-end accidents are also common on Long Island, and video footage can show whether or not a driver was following too closely, braked suddenly, or was distracted before the collision.

Road Rage Incidents

Dash cams can also document aggressive driving behaviors such as:

• Tailgating

• Unsafe lane changes

• Intentional brake-checking

This evidence may be useful in both insurance claims and legal cases.

Pedestrian or Bicycle Accidents

In accidents involving pedestrians or cyclists, dash cam footage can help to clarify the sequence of events leading up to the crash.

Potential Downsides of Dash Cams

Dash cams are generally lawful in New York, through there are some times when this type of vehicle equipment isn't the best option.

Your Own Footage Can Be Used Against You

Dash cam footage doesn't automatically support your case. If the video or recording of private conversations shows that you were at fault, your own footage could be used against you if local law enforcement see it. A Long Island accident lawyer may be able to help explain the below:

The footage might reveal:

• Speeding

• Distracted driving

• Failure to obey traffic signals

Because of this, it is important to drive responsibly at all times.

Privacy Concerns

Some people may be uncomfortable being recorded, especially if audio is involved. Many drivers who have audio recording on will inform passengers as a courtesy.

Improper Installation Can Lead to Tickets

If a dash cam blocks the driver’s view, law enforcement may issue a ticket for violating visibility rules.

Proper placement is important to avoid legal issues. You can have dash cams mounted on side or rear windows, too, and some drivers have both front view and rear view cameras. Keep in mind that in New York, the driver's clear view is the important part. If you cross state lines, however, things might be different.

Should You Get a Dashcam?

For many drivers, dash cams provide peace of mind. While they are not required, they can offer valuable protection if a crash occurs.

Drivers who may benefit most from a dashcam include:

• People with long daily commutes

• Rideshare drivers

• Commercial vehicle operators

• Drivers in heavily congested areas

On busy roadways across Long Island and New York City, accidents can happen quickly. Having video evidence may help protect your rights if another driver causes a crash.

What to Do After a Car Accident in New York

Even with dash cam footage, it is important to take the right steps after a collision.

If you are involved in an accident, you should:

1. Check for injuries and call emergency services if needed.

2. Move vehicles out of traffic if possible.

3. Exchange contact and insurance information with the other driver.

4. Document the scene with photos and video.

5. Report the accident to your insurance company.

6. Seek medical attention for any injuries.

If you have dash cam footage, make sure it is saved immediately so it is not overwritten by the camera’s recording loop.

How an Attorney Can Help After a Crash

Even when video evidence exists, car accident cases can still become complicated.

Insurance companies may attempt to:

• Dispute liability

• Minimize injuries

• Offer low settlement amounts

An experienced car accident attorney can review dashcam footage along with other evidence to build a strong case on your behalf.

Legal guidance may be especially important if the accident resulted in:

• Serious injuries

• Long-term medical treatment

• Lost income

• Disputed fault

Contact the Law Office of Carl Maltese for a Free Consultation

Dash cams are generally legal in New York, as long as they are installed in a location that does not obstruct the driver’s view. These devices can provide valuable evidence after car accidents by recording exactly what happened on the road.

For drivers on Long Island, a dash cam may help protect against false claims, support insurance investigations, and provide important documentation in the event of a collision.

However, it is important to remember that dash cam footage must be used responsibly. Drivers should follow installation guidelines and remain aware that recorded footage may be reviewed by insurance companies or attorneys.

If you are involved in a car accident and have questions about your legal rights, speaking with an experienced personal injury attorney can help you understand your options and pursue the compensation you deserve. Reach out to the Law Office of Carl Maltese for a free consultation on your case.