A dashcam fitted in a car can be one of the most valuable pieces of evidence in a road traffic case – both for the injured party and for someone wrongly accused. It is worth knowing how a recording functions as evidence, how to preserve it properly and when a court may decline to give it evidential weight.
Is a Dashcam Recording Admissible Evidence?
Yes – a dashcam recording is admissible evidence in all types of proceedings: criminal, civil and misdemeanour.
In civil proceedings the basis is Article 308 of the Code of Civil Procedure, which lists films and photographs among the available means of evidence. The court may admit a recording as evidence and order it to be played at the hearing.
In criminal and misdemeanour proceedings a recording may be admitted as a physical exhibit or a document. Article 393 of the Code of Criminal Procedure allows any documents and records to be read out or played at the hearing, provided they are relevant to the case.
The court assesses evidence freely – a recording does not automatically carry greater evidential weight than other evidence, but in practice it is one of the most objective and persuasive means of proof.
What a Recording Can Prove
A dashcam recording can document: the course of the road traffic incident (the sequence of manoeuvres, signalling and vehicle movements), the speed of the vehicle (where the camera has a GPS function and overlays data on the image), road and weather conditions at the time of the incident, the behaviour of other road users (for example failing to give way, running a red light), and the state of road signs and traffic signals at the scene.
A recording can corroborate the driver’s account or undermine it. It can also contradict the statements of witnesses or police officers – where a recording clearly conflicts with their account, the court must address that discrepancy.
How the Court Assesses the Credibility of a Recording
A recording is not absolute evidence. The court assesses its credibility by considering: whether the recording is continuous and unedited, whether the metadata (date, time and any GPS data) is consistent with the circumstances of the case, whether the image quality allows an unambiguous interpretation of events, and whether the recording comes from a device that was functioning correctly and properly calibrated.
The opposing party or the prosecutor may challenge the authenticity of the recording. Where doubts arise, the court may appoint a digital forensics or video technology expert to verify authenticity.
Recording in a Public Place and the GDPR
Recording in road traffic takes place in a public space and generally does not require the consent of those being recorded. Drivers, pedestrians and other road users have no reasonable expectation of privacy on a public road.
A dashcam recording may be lawfully used as evidence in legal proceedings. The GDPR does not prevent a recording being used for the purpose of asserting or defending legal claims – Article 17(3)(e) of the GDPR expressly excludes the right to erasure in such cases.
How to Preserve a Recording After an Accident
This is one of the most important steps following a road traffic incident. Most dashcams operate in loop recording mode – when the memory card is full, new recordings overwrite the oldest ones. If you do not preserve the recording immediately, it may be irretrievably lost.
Immediately after the incident: disable the loop recording mode or remove the memory card from the device, copy the recording to a computer or USB drive, keep the original file – do not edit or trim the recording, and make backup copies in at least two places.
Where the case goes to the prosecutor’s office or court, provide the recording to the relevant authority as quickly as possible. Courts and prosecutors can secure it as a physical exhibit.
A Recording as Defence Evidence in a Misdemeanour or Fixed Penalty Case
Where a fixed penalty notice is refused, a dashcam recording can be the key piece of evidence before the misdemeanour court. Where the recording clearly shows that the driver did not commit the alleged offence, the court should acquit.
Where a speed camera result is challenged, a recording can confirm the speed at which the vehicle was travelling or demonstrate that the photograph concerned a different vehicle.
A Recording That Is Unfavourable to the Driver
It is worth remembering that a recording is objective evidence – it can work against its owner. Where a recording documents the owner’s own breach of the rules, it may be used by the other party or by law enforcement. The obligation to preserve a recording does not mean an obligation to disclose it voluntarily – but in court proceedings the court may require a party to produce it.
Contact Us
If you have a dashcam recording documenting an accident or a traffic offence and want to know how to use it effectively as evidence, it is worth discussing the matter with a lawyer.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
