Your Car Sees Everything — But Who Controls the Story?

As artificial intelligence continues to weave itself into our daily routines, one innovation is quietly changing how car accidents are investigated: AI-powered dashcams.

These smart devices do more than just record the road — they detect collisions in real-time, monitor speed and GPS location, and even upload footage to the cloud. While many drivers install them for protection, that same footage can just as easily work against you if you're not careful.

At Lockamy & Associates, we’ve handled an increasing number of personal injury cases in New York where dashcam data — often from the client’s own vehicle — became a critical piece of evidence. Sometimes it helps. Other times, it backfires.

Here’s what every driver needs to know.

What Are AI Dashcams and How Do They Work?

Unlike basic dashcams, AI-enabled versions use machine learning to analyze driving behavior. They can:

• Detect hard braking, rapid acceleration, or lane swerving

• Instantly send video to insurance providers or fleet managers

• Record both inside and outside the vehicle

Some popular systems are even voice-activated and store footage remotely — meaning once it’s captured, you may not be the only one who has access.

Can Insurance Companies or Opposing Attorneys Access Your Footage?

Yes — and they will try.

If you file a claim or end up in court, opposing parties (insurance adjusters, defense attorneys, etc.) can subpoena your dashcam footage if they believe it’s relevant. If the camera caught you speeding, looking at your phone, or failing to yield, that video could undermine your case — even if the other driver was mostly at fault.

This is especially important in New York, where comparative negligence laws mean your compensation could be reduced based on your share of fault.

When Dashcam Footage Helps — and When It Hurts

Footage That Helps Your Case:

• Showing the other driver running a red light

• Proving you were driving within the speed limit

• Capturing the exact moment of a sideswipe or rear-end collision

Footage That Hurts Your Case:

• Catching you distracted or using your phone

• Recording you yelling or behaving aggressively post-accident

• Contradicting your written or verbal statement

In short: dashcams are neutral witnesses — they don’t lie, but they don’t take sides either.

Who Owns the Data?

Most of the time, you own the footage — if the camera is personally installed. But some newer vehicles (especially rentals or company fleets) have dashcams owned by third parties or insurance carriers. In those cases, you may have limited access to your own footage — or none at all.

It’s essential to read the fine print and know whether the data is stored locally or uploaded to a cloud server that others control.

What If the Dashcam Footage Disappears?

Accident footage sometimes "goes missing" — whether due to storage limits, user error, or intentional deletion.

Be warned: deleting footage after an accident can raise red flags and may even be considered evidence tampering. Courts can view the absence of video as suspicious, especially if you had a device installed and operational.

Tips to Protect Yourself If You Use a Dashcam

✔️ Use a high-capacity memory card and back up your footage regularly

✔️ Know how your footage is stored — locally or in the cloud

✔️ Don’t delete or alter footage after an accident

✔️ If you’re injured, consult with an attorney before sharing video with anyone

✔️ Assume everything is admissible — because it probably is

Final Thoughts from Lockamy & Associates

Dashcams can be powerful tools — but they’re not just for your protection. In the wrong hands, they can shift blame, reduce your compensation, or even cost you the case.

If you’ve been injured in an accident and have dashcam footage, don’t guess. Talk to an experienced personal injury lawyer first. We’ll help you assess whether the video helps or hurts — and make sure your rights are protected every step of the way.

Call us today for a FREE consultation