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Can Video Camera Footage Prove Negligence in an Accident Claim?

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Video camera footage to prove negligence in an accident

Accidents are common occurrences, and chances are you will be involved in a crash at some point. Luckily, most accidents are minor, resulting in very little damage or mild injuries. Accidents happen quickly, and even the drivers may not know exactly how they occurred.

It would be best to find out what happened so the negligent party can be held responsible for paying the damages. Police crash investigators and insurance adjusters try to piece together what happened using police reports, witness and driver statements, accident site analysis, and vehicle damage evaluation. In some cases, video footage records the accident, making it easier to assess negligence.

Types of Video Cameras Capturing Accidents

It seems as though there are cameras almost everywhere we go these days. They are found in parking lots, at intersections, and on buildings. It is possible that a video camera captured part or all of your accident. Several types of video surveillance cameras include commercial, governmental, public, and personal.

  • Cell phones
  • Vehicle recording devices
  • Traffic cameras
  • Video surveillance cameras
  • Doorbell cameras
  • Dash cams

Your Houston auto accident attorney will determine whether video footage will be helpful in your case. If so, there may be ways to locate the information to show how the crash occurred. Video is compelling evidence, mainly if it shows the complete accident. The video also can combat a defense expert’s accident reconstruction. Other evidence, like EDR computer data, can also help your case.

How to Obtain Video Recordings to Prove Negligence

The first step is to find out whether it is possible that a video camera captured the entire incident. One way to do this is to return to the crash scene to investigate for cameras. You will need to know the exact date and time of the incident.

It is critical to obtain camera information quickly because many cameras record the footage after some time. Once that happens, the video will be lost. Some surveillance videos are privately owned, while others might be governmental devices. For example, the Texas Department of Transportation (TxDOT) has a list of camera locations online. You must obtain the proper permission to access video surveillance of a particular accident.

Examples Where We Used Video to Win a  Car Accident Case

  • A professional truck driver was driving a dump truck. While pressing an intersection, the traffic signal was red for the driver. Our car accident client had the green light and was severely injured in the accident. The truck driver initially claimed his light was green, but upon investigation and obtaining the video, the insurance company quickly settled the case for a substantial sum for our client.
  • A man was driving to work when a big rig crossed the roadway in front of him. The truck driver and trucking company denied responsibility initially. After obtaining a video from sources in the area, our truck accident attorneys settled the case for a premium number with the insurance carrier for the trucking company.
  • Our client was driving down the highway on a motorcycle in a group. One of the riders was wearing a Go-Pro camera. While one motorcycle rider in his group slowed down to make a left turn, a motorcycle behind our client slammed into him, injuring him severely. The case settled pre-litigation for a substantial sum.

Contact a Houston Personal Injury Attorney

It can be a complicated process to locate and obtain video documentation of the scene of an accident. A skilled attorney understands the laws and will work quickly to gather video documentation.

Getting a subpoena for access to the required video documentation is often necessary. The first step is to find out if one of the vehicles involved in the accident was recorded at the time. Traffic cameras might have caught the accident on video. Another consideration is the local businesses or residences in the area. Sometimes, other drivers or bystanders have recordings of the incident.

While finding digital media is not always easy, it could be critical in favorably resolving your case.  It is best to seek the best personal injury lawyer in your area as soon as possible after the accident when it is more likely that the video is still available.

Contact Baumgartner Law Firm in Houston today for a free initial phone consultation.

Call 281-587-1111 


Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

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