Dash cams have become increasingly popular in Colorado as a tool for recording driving experiences and providing evidence in car accident cases.
While Colorado does not have specific laws prohibiting the use of dash cams, there are regulations and considerations that drivers should be aware of to ensure compliance with state and local laws.
Legal Status of Dash Cams
Dash cams are legal in Colorado, but their use is subject to certain restrictions. The primary concern is ensuring that the dash cam does not obstruct the driver’s view or create glare that could hinder visibility.
Colorado Revised Statutes, such as §42-4-201 and §42-4-227, prohibit materials that block a driver’s view through the windshield or create reflective surfaces that could distract other drivers.
Placement Requirements
To comply with Colorado laws, dash cams should be mounted in a way that does not obstruct the driver’s view. Common recommended placements include behind the rearview mirror or in the lower corners of the windshield, ensuring that the camera does not interfere with the driver’s line of sight.
Local Ordinances
In addition to state laws, local jurisdictions may have their own regulations. For example, Denver Ordinance 54-124 requires that a driver’s vision through the windshield and all windows must be “normal and unobstructed,” meaning that a dash cam placement that blocks the driver’s view could result in a traffic citation.
Use of Dash Cam Footage
Dash cam footage is admissible as evidence in Colorado car accident cases, provided it meets the standard evidentiary requirements of being relevant, authenticated, and having a proper chain of custody. This footage can be crucial in proving fault in accidents, especially under Colorado’s modified comparative negligence laws, where proving fault is essential for determining liability.
Police Interaction
Police officers generally cannot confiscate a dash cam during a routine traffic stop unless it is obstructing the driver’s view. However, if a dash cam records footage relevant to an accident investigation, the police may subpoena the footage, and it must be surrendered.
Privacy Considerations
While dash cams are not considered an invasion of privacy when used in public spaces, recording audio inside a vehicle without consent could potentially raise privacy issues.
Although Colorado does not have specific laws requiring consent for audio recording, it is advisable to inform passengers about the presence of a dash cam and to disable audio recording if necessary, especially when crossing state lines where laws may differ.
while dash cams are legal in Colorado, their use must comply with state and local regulations regarding placement and visibility. Dash cam footage can be a valuable tool in car accident cases, providing objective evidence to support claims. By understanding and adhering to these regulations, drivers can ensure safe and compliant use of dash cams.
Recommendations
- Understand Local Laws: Familiarize yourself with Colorado’s vehicle and traffic laws, as well as local ordinances like those in Denver.
- Proper Placement: Mount dash cams in a way that does not obstruct the driver’s view to avoid traffic citations.
- Use Footage Wisely: Ensure that dash cam footage is used appropriately in legal cases, meeting all evidentiary requirements.
- Respect Privacy: Inform passengers about dash cam use and consider disabling audio recording to avoid privacy issues.
SOURCES:-
[1] https://www.frickey.com/blog/the-role-of-dashcam-footage-in-colorado-auto-accident-cases/
[2] https://mydenveraccidentlawfirm.com/news-resources/what-you-need-to-know-before-using-a-dashcam-in-colorado/
[3] https://frontrangefirm.com/colorado-dash-cam-laws/
[4] https://www.tengelaw.com/blog/2023/december/can-dashcam-footage-be-used-in-my-car-accident-c/
[5] https://facit.ai/insights/dash-cam-laws-by-state
