The Role of Dashcam Footage in Chicago Car Accident Cases

Car accidents are common on the chaotic streets of Chicago, especially near busy intersections. When a car accident occurs, a personal injury claim probably isn’t far behind. One consistent problem is that car accidents often devolve into a “he said, she said” situation where there is no unbiased witness to sort through the confusion. A dashcam can resolve this kind of deadlock by providing objective evidence of an accident in the form of video footage.

What is a dashcam?

Dashcams are video cameras, mounted on vehicle dashboards, that continuously monitor the road ahead. These devices capture real-time evidence that can make or break a car accident claim. Dashcam footage is admissible in court under most circumstances.

What are the chances that one of the drivers was using a dashcam?

Dashcams are a common form of protection that drivers use to protect themselves against false accusations. You can buy a dashcam for as little as $50 (as of 2025), although more expensive models cost several hundred dollars. Apps such as Nexar, AutoBoy Dash Cam, and Drive Recorder can turn your smartphone into a dashcam -– and you can download AutoBoy and Driver Recorder free of charge.

Special features

The more advanced dashcam models offer the following features:

• Audio recording of conversations taking place inside the vehicle. Real-time uploading to the cloud ensures that dashcam footage is never overwritten.
• GPS tracking allows a dashcam to record the exact location and time of a vehicle’s movements, thereby assisting in accident reconstruction.
• High-resolution video allows the dashcam to capture license plate numbers and road signs (“One-Way Street”, for example).
• Wide-angle lenses reduce camera blind spots.
• G-Sensor Technology detects impacts and saves the footage.
• Voice control allows hands-free operation.
• The Emergency SOS feature alerts emergency services and reports the location of the car.

Many more features are available, depending on the model.

Evidentiary value

Dashcam footage is admissible evidence in Illinois courts, as long as it is relevant and as long as it is authenticated (although certain types of footage might face additional scrutiny). Following is a list of some of the ways that you (or the defendant) can use dashcam footage in court, as well as settlement negotiations.

Proving fault

Using dashcam footage, you can:

• Prove the speed and movements of the car containing the dashcam.
• Catch a driver who fails to stop at a red light or texts while driving.
• See the sequence of events leading to the accident.
• View road conditions.

In a best-case scenario, dashcam footage might be all you need to prove liability. However, it will often be just one piece of evidence among many that you may use to build your claim.

Establishing the cause and severity of your injuries

Insurance companies may try to downplay the seriousness of your injuries or attribute them to a cause other than your accident. Dashcam footage can establish the speed of your vehicle at the time of the crash. It can also record conditions immediately after the crash. This will go a long way towards establishing the cause and severity of your injuries.

Strengthening your bargaining power in settlement negotiations

Most car accident cases are resolved at the settlement table, not in court. Even though there is no judge to impose a solution on you, it is still true that “all bargaining takes place in the shadow of the law.” The defendant’s willingness to settle with you will depend on how they think your claim will fare in court. Dashcam footage that favors your claim can greatly enhance your bargaining position.

Real-life applications

Following are some examples of the types of accidents where dashcam footage can help you the most.

Hit-and-run accidents

Dashcam footage can help you identify a hit-and-run driver, especially if your dashcam has high-resolution video. Even without it, it is likely that your dashcam footage will reveal the car’s make and model, and perhaps enough of the license plate to allow you to track down the driver.

Although Illinois requires drivers to purchase insurance that will cover a hit-and-run even if you never identify the driver, filing a third-party claim can allow you to access higher coverage limits if the driver carries more than the minimum insurance. Additionally, if the hit-and-run driver’s conduct was willful and wanton, you might be able to seek punitive damages.

Pedestrian accidents

One of the most common scenarios in pedestrian accidents is where the pedestrian claims to have been walking in the crosswalk while the defendant driver disputes this. Dashcam footage can settle this dispute authoritatively.

Intersection accidents

A disproportionate share of car accidents occur at intersections. Typically, these accidents occur when one party runs a stop sign or a red light. Dashcam footage can show which party stopped first, and which party ran the red light.

Problems with dashcam footage

Dashcams might seem like your dream evidence generator. Nevertheless, limitations often interfere with their effectiveness.

Privacy concerns with audio footage

As stated above, Illinois prohibits audio recordings of people who didn’t know that their voice was being recorded. Even though the Illinois Eavesdropping Act criminalizes such conduct, it is still possible to introduce illegal audio footage under very limited circumstances. Most of the time, however, courts will not allow this evidence.

Overwritten footage

Dashcam footage is limited, and if this limit is reached, your dashcam might overwrite existing footage. This could cause you to lose important evidence. This will not happen, of course, if you purchase an advanced dashcam that automatically uploads footage to the cloud. If your dashcam lacks this feature, be sure to remove all footage immediately after an accident so that it is not overwritten.

Dashcam evidence might backfire

Dashcam footage might prove that the accident was your fault. The defendant might demand your dashcam footage during the pretrial discovery phase and proceed to use it against you in court.

Dashcam footage doesn’t guarantee an outcome

Even with dashcam footage, there is no guarantee that you will win your case. What matters most is the skillful use of this footage to prove every element of your car accident claim. If the defendant attempts to use dashcam footage against you, it is even more important that you know how to use it. At Gainsberg Injury and Accident Lawyers, we know how to use every available tool, including dash cam footage, to build the strongest possible case for you. Contact us today to get started.