Ryan Bradley | November 8, 2025 | Car Accident \ Missouri Law
Key Takeaways:
- Video is admissible if you can prove authenticity. Missouri courts follow Federal Rule of Evidence 901, which means you’ll need to show that the footage is relevant and authentic.
- Your car’s black box data belongs to you. Federal law gives vehicle owners the right to access Event Data Recorder (EDR) information, but you need to act fast before it is overwritten.
- Windshield mounting rules apply. While Missouri dashcam laws don’t ban windshield placement, inspection rules prohibit obstructing the driver’s view.
If you’ve ever been in a car crash, you know how stories about what happened vary and how fast evidence disappears. In Missouri, your dashcam, phone, and even your car’s “black box” could help to prove who’s at fault for the crash. But not all evidence is treated equally, and not everything is even admitted to court.
Missouri car accident laws have specific rules about what’s admissible and what gets tossed out, covering everything from where you place your dashcam to how long your car’s data is stored. Failing to follow these rules or making a simple mistake could sink your compensation claim.
Our 2025 Missouri car accident evidence guide explains how to use video and electronic crash data for a Missouri accident claim and how to make sure your evidence is admitted.
Why Missouri Dashcam and Black Box Evidence Matters in 2025
Car crashes killed almost 1000 individuals in Missouri in 2023, according to the Insurance Institute for Highway Safety (IIHS). Often, serious crashes with fatalities or life-changing injuries result in highly disputed liability, such as arguments over who had the right of way or who was speeding. When the stakes are high and it’s your word against the other driver’s, you need proof for your side of the story.
Video evidence and black box data can offer concrete evidence of how the accident happened and who was responsible. But insurance companies understand how powerful electronic evidence can be, and they may fight to exclude video evidence that hurts their case or rush to download EDR data before you even know it exists.
And courts are getting stricter about proving that the footage is real. The National Conference of State Legislatures (NCSL) is tracking deep fake legislation now that digital manipulation becomes easier. So, unless you can prove that your footage is genuine, it won’t necessarily help your case.
Is Dashcam and Smartphone Video Admissible in Missouri?
Missouri courts follow Federal Rule of Evidence 901 for authentication. This means that any video evidence must be reliable and relevant. Judges want to know:
- Who recorded this?
- When and where was the footage recorded?
- Was the video edited?
- Can you prove this shows the actual crash?
If you filmed the crash on your phone, you’ll need to explain what you filmed and when. You’ll also have to confirm the video accurately shows what happened. For dashcams, the court may also ask you to explain when you installed the camera and how it records. Most devices embed date, time, and sometimes GPS coordinates into video files, which can back up your statements.
Gaps in footage may raise red flags. For example, if your dashcam has a 30-second gap right where the impact should be, you may be accused of editing. Poor-quality recordings, such as grainy footage that doesn’t clearly show license plates or traffic signals, may not be sufficient to prove fault. Judges won’t admit footage unless they’re satisfied it’s authentic and relevant.
Missouri Audio Rules: One-Party Consent Under § 542.402
Missouri is a one-party consent state under Mo. Rev. Stat. § 542.402. This means you can record conversations you’re part of without permission. Your dashcam can capture audio inside your vehicle and conversations with other drivers at the scene.
However, you can’t record any conversations you’re not involved in. For example, aiming your phone at two witnesses talking 20 feet away violates Missouri law. Many dashcams record audio by default, so if your camera picks up outside conversations between witnesses, that portion of the recording may be inadmissible in court.
Windshield and Mounting Rules in Missouri
Missouri law doesn’t ban dashcams, but Missouri State Vehicle Inspection Regulations require that the windshield area provide a “clear vision of the road ahead.” And local ordinances can be even stricter. Kansas City’s Sec. 70-849 prohibits windshield obstructions even if your setup passes state inspection. St. Louis and other cities may have similarly strict rules.
Violations can carry consequences, including citations and fines. But what’s even worse: if your dashcam blocks your view during a crash, the other side may argue that your reduced vision field contributed to the accident and increases your fault percentage.
How to Best Mount a Dashcam?
Fix the camera behind the rearview mirror. Smaller cameras in this position rarely cause problems, and keep your sight line clear. Or consider mounting the camera in the dashboard, which avoids issues entirely. Cameras on the dash or rear-facing cameras don’t trigger windshield obstruction concerns.
Vehicle EDR (Black Box) Data: Ownership and Access
Most modern cars have a so-called “black box,” an Event Data Recorder (EDR) that captures crash data. Missouri EDR data records vehicle speed, brake application, throttle position, seatbelt use, and airbag deployment in the seconds before impact. Here’s what you need to know about your vehicle’s EDR data:
- You own the data. The Driver Privacy Act of 2015 gives vehicle owners and lessees the right to access EDR information.
- Data extraction requires special tools. Crash investigators use crash data retrieval systems to download data directly from your vehicle’s computer.
- Storage is limited. Some EDRs only keep the most recent crash event, making fast downloading essential. A minor fender-bender after your serious crash can overwrite critical data from the previous incident.
Federal regulations under 49 CFR Part 563 set standards for what data gets recorded and how long it’s stored.
However, not all vehicles have an EDR. If your car does, preserve the data immediately after a crash. EDR information disappears when vehicles get junked after a crash or when repairs involve replacing computers.
Preservation and Spoliation in Missouri
Spoliation means destroying or failing to preserve evidence. If you have dashcam footage or EDR data from an accident and you don’t preserve it, the other side may argue that the missing evidence would have hurt your case.
What Triggers Preservation Duties
Once you’re involved in a crash and expect a claim or lawsuit, you have a duty to preserve relevant evidence. This includes any dashcam footage, phone videos, and EDR data, if applicable. If you delete the footage or trade in your car without downloading the black box data, you could face serious consequences.
Missouri judges can give “adverse inference” instructions to juries. That means the jury gets told that you had dashcam footage or other digital evidence, but erased it, and that the footage may have shown you were at fault. Adverse inference can sink your case even if you weren’t trying to hide anything.
How to Protect Yourself
It’s better to be safe than sorry when it comes to preserving evidence. Save video to multiple locations, and don’t rely on a single SD card or your phone’s storage. Upload footage to cloud storage or email it to yourself.
For EDR data, it’s best to hire a qualified technician to download the information before any repairs begin. Once the data is extracted, store it securely and preserve the raw data along with the technician’s report that’s interpreting what it means. A car accident lawyer can clarify the steps you need to take to protect your rights.
Spoliation Goes Both Ways
Spoliation and adverse inference can go both ways. If the other driver had a dashcam and claims it wasn’t working or got erased, your attorney can seek an adverse inference against them. Spoliation rules protect all parties to a claim and punish anyone who destroys evidence.
Practical Steps for Crash Victims and Witnesses
Evidence can disappear fast after a crash, so make sure you capture, preserve, and document everything, starting at the accident scene. Taking the right steps immediately after a crash is essential for protecting your ability to prove fault and recover full and fair compensation. Here are your next best steps after being involved in a Missouri crash:
- Document the scene immediately. If you’re able, take pictures of vehicle positions, skid marks, traffic signals, weather conditions, and damage. Recording a video of the crash area can be useful for reconstruction professionals later.
- Ask witnesses about dashcam footage. People forget about their cameras or don’t realize the footage can be important. Get contact information and politely request that other drivers preserve their videos.
- Lock your dashcam file. Many cameras overwrite old videos on a loop. Save or lock the file immediately to prevent erasure of footage that could be essential to prove your claim.
- Download EDR data as soon as possible. Contact an attorney or crash reconstruction expert after your accident. Black box data disappears quickly, especially if your vehicle is totaled or needs repairs.
- Write everything down. Note what happened, including the time, location, weather, and what you saw or heard. Memories fade quickly, and writing everything down helps authenticate video evidence in court.
- Don’t post anything on social media. Avoid sharing any dashcam footage or crash details on Facebook, Twitter, or TikTok. Insurance companies often monitor social media accounts and may use what you post against you.
- Consult a car accident attorney. At Bradley Law, we work with crash reconstruction experts and can download your black box data before it’s lost forever. Our Missouri car accident lawyers fight for maximum compensation by preserving and presenting critical evidence.
Read more about comparative fault in Missouri car accidents.
Frequently Asked Questions
Is it legal to record in-cabin audio in Missouri?
Yes. Missouri’s one-party consent law allows you to record conversations inside your vehicle without telling passengers, as long as you are present.
Can I mount a dashcam on my windshield in Missouri?
Generally, yes, but make sure to keep it out of your primary sight line. Mount cameras behind the rearview mirror to avoid issues. State inspection standards prohibit obstructions, and some cities like Kansas City have even stricter ordinances restricting windshield-mounted devices.
Will dashcam video be admitted in a Missouri crash case?
It depends on authentication. Missouri courts typically admit dashcam evidence, but you’ll need to prove the video is genuine and unedited.
Who owns my car’s black box data?
You own the data. Federal law under the Driver Privacy Act of 2015 gives vehicle owners and lessees the right to access their vehicle’s EDR data. Usually, no one else can download it unless they have your consent or a court order.
What happens if evidence of my Missouri accident is lost or overwritten?
Courts can impose sanctions for spoliation, including adverse inference instructions that tell juries to assume the missing evidence would have hurt your case. Make sure you preserve all video and EDR data immediately after a crash.
Why is there concern about deep fakes in Missouri accident claims?
Fake and manipulated videos are everywhere now. Courts are acting to address deep fakes by requiring stronger authentication of video evidence. You can prove that video footage is genuine by presenting corroborating witness statements, industry expert analysis, and the embedded data your device automatically records (date, time, GPS location).
Speak With An Attorney About Your Case
Protect Your Rights with Bradley Law
Modern crash evidence, like dashcam footage, phone videos, and vehicle black box data, can make or break your case. But you need to know how to preserve and authenticate it under Missouri law to have the best chance of recovering the compensation you deserve.
At Bradley Law, we’ve recovered millions for Missouri motor vehicle accident victims, including the largest motorcycle accident settlement in state history. Our team works with crash reconstruction experts and knows how to build the strongest possible cases using digital evidence.
Don’t wait to get help, as evidence may disappear, and the time to file a lawsuit is limited in Missouri. Contact Bradley Law today for a free, no-obligation case review. We’ll explain how Missouri’s evidence rules apply to your crash and can take immediate steps to preserve the proof you need.