Dashcams have become increasingly popular in recent years. While they were once primarily used by law enforcement, many drivers in West Virginia now rely on them for their own protection. These small devices can record everything that happens on the road, offering valuable evidence in case of accidents or disputes. But before you install a dashcam in your vehicle, it’s important to understand the legal guidelines.
In this article, we’ll explore whether dashcams are legal in West Virginia, where they should be positioned, and the benefits and drawbacks of using them.
Are Dashcams Legal in West Virginia?
Yes, dashcams are legal in West Virginia, but there are rules regarding how and where you can install them. While the law doesn’t specifically ban dashcams, it does regulate windshield obstructions that could block the driver’s view.
Legal Overview Under WV Code § 17C-15-36
According to WV Code § 17C-15-36, “No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side wings, or side or rear windows of such vehicle which obstructs the driver’s clear view of the highway or any intersecting highway.”
This means your dashcam can be installed, but it must not block your view of the road. If it’s placed in the middle of your windshield or too high up, you could be violating the law.
Proper Dashcam Placement to Avoid Legal Issues
To ensure you’re following the law, place your dashcam in a spot that won’t interfere with your visibility. Ideally, the dashcam should be mounted near your rearview mirror or in the lower corner of your windshield. This way, you can capture footage without creating a blind spot or distraction.
What Are Dashcams and How Do They Work?
Dashcams are small cameras, often no larger than a smartphone, that attach to the inside of your windshield. They record video footage of the road ahead while you’re driving, and some models can also capture what’s happening behind or inside the vehicle. The footage is saved to a memory card and can be reviewed later, offering valuable insights in case of an accident.
Key Features of Modern Dashcams
Modern dashcams come with a variety of features. Most include high-definition recording, night vision, and motion detection. Some have small screens that allow you to review footage instantly, while others automatically sync with a smartphone app. Dashcams often store footage in loops, meaning older footage is overwritten unless you save it manually or it’s flagged as important after an incident.
Front vs. Dual Dashcams
There are two main types of dashcams: front-only dashcams and dual dashcams. Front-only dashcams capture footage of what’s happening ahead of your vehicle, while dual dashcams record both the front and rear views. Dual dashcams provide more comprehensive coverage, especially if you’re concerned about rear-end collisions or hit-and-run incidents.
Benefits of Using Dashcams in West Virginia
Dashcams can offer significant advantages to drivers in West Virginia, particularly when it comes to documenting accidents and protecting against false claims.
Recording Evidence of Accidents
One of the primary benefits of having a dashcam is its ability to record evidence during a car accident. Dashcams can capture the moments leading up to and following a collision, including timestamps and GPS data. This footage can be invaluable when filing an insurance claim or in court if there’s a dispute about who was at fault.
Preventing Theft and Monitoring Vehicle Activity
Some dashcams continue recording even when the vehicle is off, offering an extra layer of protection against theft or vandalism. If someone attempts to break into your car or damage it, the dashcam footage could help identify the culprit.
Improving Driving Habits
Reviewing your dashcam footage can also help you improve your driving habits. You can catch mistakes you might not have noticed in the moment, helping you become a safer, more cautious driver. In some cases, dashcam footage might even be used by insurance companies to reward good driving behavior with lower premiums.
Drawbacks of Dashcams
While dashcams offer many advantages, they also have some potential downsides.
Dashcam Footage Could Be Used Against You
If you’re involved in an accident and are at fault, the dashcam footage could be used against you. Insurance companies or opposing lawyers could subpoena the footage and use it to weaken your case.
Potential Driver Distractions
Dashcams with screens or poor placement can also distract drivers. If you’re constantly checking the screen or adjusting the camera while driving, it could divert your attention from the road, increasing the risk of an accident.
Limited Field of View
Dashcams only capture what’s in front of the camera, meaning they can’t record events happening to the side or rear of the vehicle unless you have a dual dashcam. This limitation might make it harder to prove fault in certain situations.
Frequently Asked Questions (FAQs) About West Virginia Dashcam Laws
Are Dashcams Legal in West Virginia?
Yes, dashcams are legal in West Virginia as long as they are positioned in a way that does not obstruct the driver’s view. Follow WV Code § 17C-15-36 to ensure your dashcam is compliant with state law.
Can Dashcam Footage Be Used in a Lawsuit?
Yes, dashcam footage can be critical evidence in a personal injury lawsuit or insurance claim. The footage can help establish fault and strengthen your case.
Do I Need a Lawyer If I Have Dashcam Footage?
Even with dashcam footage, it’s advisable to consult a lawyer. A lawyer can analyze the footage, gather additional evidence, and build a strong case on your behalf.
How Dashcam Footage Can Help in a Car Accident Case??
If you’re involved in an accident, dashcam footage can play a significant role in determining fault. The footage can show exactly what happened leading up to the collision and provide a clear timeline of events.
The Role of Dashcam Footage in Proving Liability
Dashcam footage is often more reliable than witness testimony, as it provides an unbiased record of the accident. It can help prove that the other driver was at fault, or it can clarify ambiguous details like traffic signals or the positions of the vehicles.
How Lawyers Use Dashcam Footage to Strengthen Your Case
An experienced lawyer will carefully analyze dashcam footage and use it to support your claims in a personal injury lawsuit. They may also collaborate with accident reconstruction experts to further bolster your case.
Contact a West Virginia Car Accident Lawyer for Help
If you’ve been injured in a car accident and your dashcam captured footage of the incident, you may have valuable evidence to support your claim. At Manchin Ferretti Injury Law, our experienced car accident lawyers can review the footage, determine liability, and fight for the compensation you deserve.
Don’t try to handle a complicated legal case alone. Let us guide you through the process. Contact us today for a free consultation by calling (304) 458-5403 or clicking here to get started.
