An Overview of Driving With Dash Cams in Indiana
The use of dash cams in Indiana has gained significant popularity in recent years, with many drivers embracing these devices as essential tools for protecting themselves on the road. The general usage of dash cameras extends across various regions and demographics, as both commercial and private vehicle owners recognize the benefits that these devices offer.
Indiana drivers often choose dash cams for a variety of reasons. First and foremost, they serve as reliable witnesses in the event of an accident, helping to establish fault and determine the circumstances that led to the collision. This can be invaluable in a state like Indiana, which adheres to a modified comparative negligence system. In such a system, where the claimant is found to be partially liable for the accident (by 51% or more), they are barred from recovery. Therefore, indisputable video evidence recorded by a dash cam could make all the difference in determining whether or not one could successfully recover damages.
In addition to accident documentation, dash cams also provide an additional layer of security for drivers. They can capture events that occur while the vehicle is parked or even during hit-and-runs. For instance , a driver may return to their vehicle to find that another car has collided with it, leaving no information for liability purposes. A fully functional dash cam will have documented the incident, preserving this crucial evidence and allowing the victim to file an insurance claim.
Beyond supporting personal injury claims, dash cams in Indiana help to reduce instances of road rage. Because they capture a driver’s behavior throughout a trip, they often discourage aggressive actions such as tailgating, speeding and reckless driving. Both commercial fleet owners and individual motorists find these devices beneficial in enhancing their accountability on the roadway.
Given their many advantages, it’s no surprise that the use of dash cams continues to rise among Indiana drivers. With constantly evolving technology and increased affordability, these devices have become a standard accessory for most drivers. As their popularity continues to explode, it’s essential to understand the laws surrounding their use in order to avoid running into any serious legal issues down the road.
The Legal Status of Dash Cams in the State of Indiana
The legal status of dash cams in Indiana is fairly straightforward. As a state that abides by the one-party rule, it is legal to use a personal dash cam to record audio. That means that, as long as at least one person involved in the video and/or audio recording consents to being recorded, it is completely legal for you to film and record your own vehicle.
As far as dash cams are concerned, there are no specific state statutes that apply to their use. However, there are several state laws that apply to wiretapping of any kind. IN Code § 35-33.5-1-9 states that any wire, oral or electronic communications that are made with or under the consent or taping of at least one party are permitted and not subject to state statute.
Essentially, that means that as long as you (the driver) consent to the recording of audio, you are free to record without fear of repercussion. IN Code § 35-33.5-2-4 discusses the use of recording devices in some detail, but these laws do not specifically outline the use of dash cams or any other type of camera.
Indiana is a one-party state, meaning that any recording that is legal without the consent of at least one of the parties involved. Indiana law does not require both parties to consent to being recorded.
The legality of using a car camera and audio recording device is extremely clear-cut in Indiana. IN Code § 34-52-1003 discusses the use of electronic document, including phones and cameras, to capture a recorded image of someone else and therefore, the use of a dash cam in this state is more than likely legal.
While recording the audio of your own vehicle is completely legal, the use of audio recording while operating the vehicle could technically be subject to Indiana’s texting law. IN Code 9-21.-8-59 addresses the act of operating a motor vehicle while using an electronic communication device, defined as "a text messaging device, a personal digital assistant device, a handheld smartphone device, or a lap top computer."
In essence, the legality of using a hand-held dash cam in Indiana while driving could be in question, given the fact that it requires you to hold it in your hand and operate it while driving. This is not to say that the dash cam itself is illegal, but that the act of operating a dash cam requires that you hold it in your hand while operating it.
That’s not to say that it’s illegal to use a dash cam while operating a car in Indiana, just that it’s possible that it could draw attention from law enforcement should the officer deem that your use of the device in lieu of pulling over is a violation of their texting laws.
Restrictions and Requirements on Installing Dash Cams
When it comes to the specifics of dashboard camera installation, Indiana is largely up to par with national standards; however, there are some requirements that are specific to the state.
Windshield Views
When installing a dash cam in Indiana, drivers must ensure that it does not obstruct their view in any way. In fact, the law is rather specific about how much the windshield can be obscured by other objects, recommending that no more than either four inches at the top (for those driving with the wheel on the left side) or eight inches at the top (for those driving with the wheel on the right) be blocked off by an object attached to the windshield.
Obstruction of View
There’s no allowance for objects to be blocking your view. Having a dash cam in the way of your field of vision, even if it’s just at the edges of your peripheral vision is not allowed. If a police officer believes that your view was obstructed by a dash cam, there’s a good chance you’ll be given an obstruction of view ticket. To avoid this ticket, always be sure that you can see out of your rearview and side mirrors clearly and that any dash cam is mounted as low as possible.
Ensuring Privacy When Using Dash Cams in Indiana
While dash cams can be invaluable resources in the event of a collision or hack attacks, they can also be invasive and raise a number of privacy concerns. Perhaps the greatest concern people express is whether they can film their passengers—and whether such filming is an invasion of their privacy. As is usually the case, privacy concerns with the use of dash cams are largely subjective and depend on the perception and expectations of the individual.
Passengers
Indiana follows a free speech doctrine for the protection of privacy in filming and photography. Because the freedom of speech requires that the government meet a high bar to restrict your ability to disseminate information, "the First Amendment does not guarantee any right to not be filmed while in public." As such, a passenger in your car likely does not have any legal expectation of privacy when you film them in your car. Keep in mind, however, that guests in your home do have a right to privacy. Using a dash cam inside your home, especially one that continuously records video and audio , is almost assuredly illegal in Indiana.
Pedestrians
Unlike a passenger in your car, a pedestrian has a reasonable expectation of privacy, even in a public place. Thus, if your dash cam also functions as a rear-facing camera, it is likely illegal for it to tape pedestrians in Indiana. Nonetheless, the most sensible defense to being filmed is to say: "Look, I wasn’t filming you out of any malicious intent. It’s just for my own protection in case someone hits my car." And nine times out of ten, most people will back down. Remember, too, that most people today have their own cameras equipped with their smartphones, and the last thing you want to do is escalate a situation into a big ordeal because you’ve chosen to film someone without their consent.
Other Drivers
Because dash cams are mounted to the windshield, there is no way to avoid filming other drivers on the road. Indiana courts have found a lack of interest by drivers to preserve anonymity on public roadways. If you’re ever pulled over by an officer and they ask what you’re doing up on your windshield, just tell them it’s a dash cam.
Using Dash Cams in Court and How Evidence Is Admissible
With all the news surrounding dash cams and their ability in certain situations to provide clarity of evidence, their use is often brought into question. In Indiana, multiple court cases have found that dash cam footage is admissible evidence assuming it is relevant and authenticated. There are numerous examples as well as limitations in the admissibility of this type of evidence.
In 2011, an Indiana Court of Appeals case known as Lyles v. State found that an officer’s dash cam footage was easily available to the public and therefore the defendant did not have a reasonable expectation of privacy in the footage captured on an officer’s dash cam. The case went all the way up to the Indiana Supreme Court, who in 2013 ruled that evidence from a dashboard camera was admissible in a DUI case in Lyles v. State. In this case, the defendant claimed that a highway patrolman had obtained the video illegally by using his dashboard camera. However, under Indiana law, if the device is placed upon the vehicle without any particular direction, then legality of the evidence would not be in question. (Lyles v. State, 984 N.E.2d 1126 (Ind. 2013)).
In 2013, in Smith v. State, the Indiana Court of Appeals ruled that a dash cam video depicting an officer’s pat down of an individual was admissible as evidence at trial. The court based its findings on Lyles v. State in which it was determined that the defendant did not meet his burden of rebutting the presumption that the bag containing the scales, empty plastic baggies and other paraphernalia was not entered into evidence from the back of the officer’s patrol car following the traffic stop. In affirming the trial court’s decision, the Court of Appeals found that based on the plain language of the statute, the trial court did not abuse its discretion in admitting the video.
These cases demonstrate the general position of the courts in Indiana on the admissibility of dash cam footage, i.e. that it is generally admissible unless there is an error or egregious conduct by the police, and even then the evidence may not be inadmissible if the police officer’s conduct is irrelevant to the case.
While generally admissible, certain conditions must be present for dash cam video to be presented to the court and any errors or omissions may be revealed to impeach the officer. This means that the jury is entitled to know what the officer saw and heard with his own eyes including his relevant observations as well as any possibility of fabrication or omission of evidence. Cases will ultimately hinge upon issues such as relevance and authenticity or unsworn testimony as the example above in Smith v. State shows.
Clearly the admissibility of evidence in these cases is a statutory construction rather than unwritten policy or judicial rule. Even though the dash cam footage may memorialize the officer’s observations, there is no other statute stating or implying that to be true. Instead, the evidence is presumed to be authentic and the burden is upon the defendant to rebut that presumption. Finally, the admission of dash cam evidence will not outweigh otherwise suspended rules of evidence excluding evidence or limiting testimony.
The Advantages of Dash Cams
Dash cams offer so many different advantages for drivers in Indiana. Consider the ways dash cams support the insurance claims process, help prove the cause of a car crash, and ultimately even help prevent accidents by directing driver attention to the road ahead of them.
In most Indiana car accident claims, collection of enough evidence to prove a driver’s version of events is really what determines who wins. While all forms of evidence are important—statements from drivers and other witnesses, police reports, photos, and videos—you must know that insurance investigators consider dash cam footage to be among the most compelling evidence that is available. When you submit dash cam footage with your claim, you’re admitting this, too. So , there is no question dash cams can really help you out. That’s especially true since technology issues can still raise doubt about whether other forms of evidence are authentic or accurate.
One reason that dash cam footage is so helpful for car accident claims and lawsuits is that it may show not only the moment of a collision but also the moments immediately before and immediately after it. Video footage of the scene of a crash (as well as photos of the scene) is incredibly helpful for your insurance adjuster or lawyer when it comes time to assess the fault of each driver.
In some situations, a collision occurs in near the split second a driver takes her eyes off the road. A dash cam recording of the moments prior to an accident might show that a driver turned to check something in the passenger seat, like a child’s car seat, or to reach for a drink in a console cupholder—common distractions that cause crashes. But, in the unfortunate event you’re found to be at fault for causing a crash in Indiana, video footage of the moments after it will likely be just as important in showing why it’s clearly the other driver who is liable.