Video evidence is one of the most powerful tools in an auto accident claim. It provides an unbiased account of the events, often settling disputes about fault before they even begin. An experienced car accident lawyer uses this evidence to build a compelling claim, demonstrating the sequence of events and holding the responsible party accountable.
Their experience in locating and preserving surveillance footage can fundamentally alter the direction of your case.
Key Takeaways
- Video from dash cams, traffic signals, and nearby buildings can provide objective proof of how an accident occurred.
- Businesses and government agencies often delete or overwrite surveillance footage on a regular schedule.
- An attorney can send a formal spoliation letter, a legal notice that demands the owner to preserve the footage.
- Visual proof is extremely effective in showing an insurance adjuster the facts and pushing back against unfair denials.
- Surveillance footage can capture details you may have missed, such as a driver running a red light or texting behind the wheel.
Uncovering Different Sources of Car Accident Video Evidence
After a crash, identifying potential sources of video evidence is a top priority. Different cameras capture events from various angles, and each type presents unique opportunities and challenges for retrieval.
Residential and Business Security Cameras
Many businesses and homes have security systems with cameras facing public streets that can capture a collision from a clear vantage point. A gas station on a corner, a bank with an ATM camera, or a storefront's security system may have recorded your accident without your knowledge.
Similarly, doorbell cameras on nearby houses can offer a surprisingly detailed view of an intersection or street. The quality and retention time for this footage vary widely. Some systems overwrite data in as little as 24 to 72 hours.
Government and Municipal Traffic Cameras
Cameras are common at intersections in cities and towns across the country. Some only provide a live feed for traffic monitoring without saving the data, while others record on a loop.
Obtaining traffic camera footage for an accident requires a formal request to the correct municipal or state transportation department.
You'll need to know the exact time and location of the incident to file the request. Government agencies have their own strict procedures and short timelines for releasing this information.
Vehicle Dash Cams and Personal Devices
Dashboard cameras in personal and commercial vehicles often provide a clear, first-person view of the accident. It may come from your own vehicle, the other driver's vehicle, or even a witness's vehicle that was nearby at the time of the crash.
Commercial trucks, buses, and rideshare vehicles are frequently equipped with sophisticated multi-angle camera systems as part of their standard equipment.
Locating Potential Surveillance Footage After a Collision
The moments and days following an accident are the most vital for locating and preserving electronic data. A systematic approach to canvassing the area helps ensure no potential source of proof is overlooked.
Follow these steps to begin your search:
- Return to the Scene: As soon as it is safe, go back to where the accident occurred. Walk around the entire area, carefully looking for any visible cameras on traffic poles, buildings, and nearby homes. Create a detailed list or a map of every camera you find and note the specific business or address it’s attached to.
- Think Beyond the Immediate Area: A camera a block away might have captured a driver speeding moments before the collision. A wider search can reveal important context about the actions that led up to the impact. Surveillance footage helps prove the behavior of the drivers involved in the auto accident just before it happened.
- Speak With Any Witnesses: If you have contact information for witnesses who stopped at the scene, reach out to them. They may have their own dash cam footage or may have noticed security cameras that you missed.
- Contact an Attorney: An experienced auto accident lawyer can manage this entire process for you. They’ll dispatch an investigator to the scene to perform these steps, systematically identifying every potential video source and locating witnesses.
Obtaining Video Footage After an Auto Accident
Identifying a camera is only the beginning; obtaining the actual footage requires a specific approach. Property owners and government entities likely won’t hand over their video recordings to anyone who asks.
You must follow the proper channels, and in many cases, you need the weight of a legal request to secure the evidence. Lawyers use specific tools to prevent evidence from being destroyed. The primary method is a spoliation letter; in some situations, a subpoena is required.
Spoliation Letter
This legal notice serves as a formal request to the camera's owner for the preservation of specific video evidence. Upon receipt, the owner is legally obligated to ensure the footage is not destroyed, altered, or overwritten.
Destroying evidence after receiving this notice can result in severe legal penalties for the party.
Subpoena
If a party refuses to provide footage even after a preservation letter, a subpoena can compel them to release it. A subpoena is a court order that requires a person or entity to produce documents or other evidence.
This is a powerful legal tool when facing resistance from a business or even another driver.
How Surveillance Footage Helps Your Auto Accident Claim
Objective video footage can dismantle an at-fault driver's defense and counter an insurance company's attempt to shift blame. Surveillance footage in auto accident claims presents an undeniable record of events. A clear video is more powerful than conflicting witness statements.
Video can accomplish several key objectives for your claim. It can definitively establish how the accident happened and who is responsible. It can also reveal the context surrounding the crash and even document the conditions afterward.
A video can help prove your claim in a few ways:
- Proving Negligence: Footage that shows another driver running a red light, making an illegal turn, or drifting out of their lane is direct evidence of negligence.
- Refuting Blame: Insurance adjusters may try to argue you were partially at fault to reduce your settlement. Video evidence can shut down these arguments by showing you were driving safely and following all traffic laws.
- Showing the Force of Impact: Surveillance video can demonstrate the severity of the collision, which helps support your claims for serious injuries and damages. This visual proof makes it harder for an insurer to downplay the seriousness of the crash.
- Capturing Admissions or Behavior: Sometimes, a video with audio captures drivers making statements after the accident. Footage may also show a driver attempting to hide evidence or acting in a way that suggests consciousness of guilt.
A well-preserved video clip can significantly streamline the claims process. When an insurance company is presented with irrefutable video proof, it’s more likely to offer a fair settlement quickly.
Using surveillance footage to prove fault avoids a prolonged "he said, she said" battle and focuses the negotiations on the extent of your damages. The power of this evidence provides leverage and positions your claim for a successful resolution.
How a Lawyer Can Assist With Your Auto Accident Claim
An auto accident lawyer can manage every aspect of securing and using video evidence. Their involvement is a game-changer when you're trying to prove your case.
They know the procedures for requesting public records and the legal strategies for compelling private entities to cooperate.
Here is how an attorney can help:
- Rapid Investigation: They immediately launch an investigation to identify all potential video sources, including traffic cameras, businesses, and doorbell cameras near the accident scene.
- Sending Preservation Letters: Your lawyer can draft and send legally binding spoliation letters to all identified camera owners, preventing them from erasing the crucial evidence your case needs.
- Handling All Communication: They manage all communication with business owners, government agencies, and corporate legal departments, removing that burden from you.
- Issuing Subpoenas: If a party is uncooperative, your attorney can issue a subpoena and force them to turn over the footage.
- Analyzing the Footage: Your legal team will carefully review every second of the footage, looking for details that establish negligence and strengthen your claim.
- Presenting the Evidence: They know how to effectively present the car accident video evidence to insurance adjusters during negotiations to maximize your settlement offer.
An attorney's intervention signals to all parties that you’re serious about your claim. It adds a layer of professionalism and authority that is difficult to achieve on your own. Lawyers know how to maximize the role of surveillance footage in auto accident claims.
FAQ for Surveillance Footage in Auto Accident Claims
How Do I Request Traffic Camera Footage After an Accident?
To request footage, you must typically file a formal public records request with the government entity controlling the camera, such as a state transportation department or a city traffic management office.
You need to provide the exact date, time, and location of the crash. An attorney can manage this request process to make sure it complies with all official requirements.
Can Security Footage Be Used in a Car Accident Claim?
Yes, footage from security cameras is a widely accepted and highly effective form of evidence in car accident claims. It provides a neutral, third-party view of the incident that can be used to prove liability. This footage is valuable in both insurance negotiations and, if necessary, in a court of law.
How Long Is Surveillance Footage Typically Kept?
Retention periods vary greatly. Some businesses may overwrite their footage every 24 to 72 hours, while others might keep it for a week or even 30 days. Municipal traffic camera systems also have varying policies.
Contacting a car accident lawyer immediately gives you the best chance of preserving surveillance footage.
What Happens If a Business Refuses To Provide Their Camera Footage?
If a business or individual refuses a polite request, your attorney can send a formal spoliation letter to prevent its destruction. If they continue to refuse, your lawyer can petition the court to issue a subpoena, which is a legal order compelling them to produce the footage.
Ignoring a subpoena carries legal consequences for the business.
Is Surveillance Footage Still Helpful in Auto Accident Claims if the Video Is Unclear?
Even if the video is grainy or doesn’t show the entire accident, it may still be valuable. It might show the flow of traffic before the crash, capture a driver speeding in the moments leading up to the impact, or show the position of the cars after the collision.
Secure the Evidence You Need
A single piece of video evidence can change the entire outcome of your auto accident claim, making the difference between a denied claim and a fair settlement. The challenges of obtaining this footage demand quick action and professional skill. Don’t let this powerful evidence disappear forever.
Auto Injury Litigation Center is ready to take immediate action to preserve the proof you need. We can build you the strongest possible claim based on clear, factual evidence. Contact us at (866) 933-0623 or reach out online for a free consultation to discuss your case.