A car accident where it’s difficult to determine fault can quickly turn into a “he said, she said” debate. However, dash cameras have helped bring truth to light in situations where fault is unclear, making dashcam footage for a car accident claim invaluable pieces of evidence. 

Although their popularity is widespread, it’s important to know your legal rights and options when it comes to dash cameras in Nevada. Today, we’re taking a closer look at these silent, unbiased witnesses, and the role of dashcams in Nevada car accident cases. We’ll also look at how the guidance of an experienced attorney, like the ones at Adam S. Kutner, can help you with your accident claim. 

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    Are Dashcams Legal in Nevada? The Law Explained

    Yes, dashcam recordings in Nevada are legal. However, there are some specific rules that drivers need to follow.

    Windshield Obstruction Rules You Can’t Ignore 

    Nevada dashcam law offers specific rules for where you can place a dashcam in your vehicle. The main standard to follow is that your dashcam cannot obstruct the driver’s clear view (NRS 484D.435). 

    Additionally, the dashcam itself must be:

    • Smaller than a six-inch square
    • Placed in the lower corner of the windshield, away from the driver

    What About Audio Recording?

    Under Nevada’s one-party consent law (NRS 200.620), you can record in-person conversations with the consent of only one party. This is unlike two-party consent, which is required for conversations that happen over the phone. Regardless of the circumstances, you should always inform your passengers that they are being recorded if you have a dashcam installed. This can help you avoid potential privacy issues, and ensure that evidence is admissible if you bring forward a claim.

    A dashcam set up in a person's vehicle.

    Role of Dashcams in Nevada Car Accident Cases

    Video footage can be a significant piece of evidence when pursuing a personal injury claim because it’s objective proof that is more persuasive than witness statements, or even police reports.

    Establishing Fault and Proving Liability

    Dashcams can be essential pieces of video evidence in a car accident case. They help establish fault and determine liability. For example, dashcams can show critical moments, like running red lights, improper lane changes, reckless driving, and other distractions or issues that contributed to an accident.

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    Combating Insurance Fraud and Disputed Claims

    Dashcam footage is also helpful in protecting victims from staged accidents or false claims. Footage from a car accident also strengthens your position when negotiating with other parties, like the insurance company.

    How To Use and Preserve Dashcam Evidence After an Accident

    Because dashcam footage can be incredibly invaluable after an accident, it’s important to take proper action to preserve the footage. 

    Here are some things to do:

    • Do not delete your footage, erase, or tamper with your recording in any way. This could lead you to accidentally delete footage that may be impossible to recover.
    • Preserve dashcam evidence if you are able to. Most dashcam systems operate the same. You’ll need to remove the SD card, upload to the cloud, and save the file to a computer. It’s important to recognize that some dashcams use loop recording, which can override your footage if not saved properly.
    • Do not publicly share the footage you’ve secured from your dashcam. This includes not sharing it on social media, or with others involved in your case, as this can hinder the credibility of your case.
    • Inform law enforcement that you have dashcam footage of the accident.
    • Contact an attorney as quickly as you can to begin the claims process. An experienced attorney will know how to utilize your footage to build a strong case and recover the compensation you deserve.

    Impact of Dashcam Evidence on Insurance Claims and Legal Proceedings 

    Having clear footage of the accident can expedite the claims process because it’s objectively difficult to argue against factual evidence, like video footage. Here’s how dashcam evidence can help. 

    Speeding Up Your Insurance Claim

    Video footage of a car accident makes it really difficult to dispute the events that happened. This can cut down on disputes with the insurance adjusters, leading to a faster path toward settlement.

    Admissibility in Nevada Courts

    Dashcam footage is generally admissible in the court system here in Nevada, and it offers a strong foundation for your case. 

    For using dashcam evidence in court, the footage must:

    • Not be tampered with
    • Be relevant
    • Be authentic

    An experienced attorney plays a critical role in presenting surveillance footage in a court of law because they know how to present it effectively during legal proceedings. This ensures the footage is not used against you. 

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    An Injury Attorney Can Help You Use Digital Evidence Correctly

    Having dashcam footage of an accident that’s happened can significantly strengthen your case, but it’s important to know what to do with that footage. This is where the experience of a personal injury attorney proves invaluable. Our attorneys understand how to present digital evidence in a way that effectively proves your claims and strengthens your ability to recover the maximum compensation in your case.

    Our legal team offers free case evaluations, making it easier for you to receive the legal representation you deserve. Get in touch today to schedule your consultation.

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    FAQ

    Yes, if the other driver has dashcam footage, your attorney can request access to the footage during the discovery process. In some cases, the other driver’s insurance provider may voluntarily offer this footage as well.

    Yes, if a witness has dashcam footage that shows your accident, this footage can be just as invaluable as if it were your footage. It’s important, however, that the footage is clear and relevant, timestamped, and that there is witness testimony supporting the recording.

    It’s possible for your dashcam footage to be used against you if it shows you were driving at excessive speeds, or were at fault otherwise. This is why it’s important to evaluate your footage with an experienced attorney, as they’ll be able to determine if the footage will help or hinder your case overall.

    Yes, there are different regulations in Nevada pertaining to dashcam footage on commercial vehicles, like trucks, tractors, or rideshare vehicles. Trucking companies must adhere to FMCSA regulations, and many have dashcams and electronic logging devices installed. Rideshare drivers are not mandated to have dashcams, but many do.

    Yes, you can, but it may be difficult to obtain that footage. An experienced attorney can help narrow down where that footage exists, and can facilitate communication with cities, townships, or property owners, so they can obtain that footage.

    If your dashcam was not working during the time of an accident, check to see if there is any recoverable data by using different recovery softwares available online. Other forms of evidence, like witness statements, police reports, and nearby security cameras, can also help you collect the evidence to strengthen your case.

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    I needed an attorney because I couldn’t deal with the accident on my own, so I needed someone else’s opinion about my accident.

    Well I heard about Adam Kutner through an associate of mine and I chose to seek him because I heard of him before also, so I thought he would be the best option for me.

    I was very happy with my settlement and it came quicker than I thought, in just a couple months I received a check in the mail.

    When I recommend Adam Kutner I would tell them that the settlement comes very quickly, and he is very helpful with transportation and whatever else you may need.”

    – Deborah Banks. 5/5 Stars

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      Adam s. Kutner - las vegas car accident lawyer
      Adam S. Kutner
      PERSONAL INJURY LAWYER

      With more than 34 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.