Can Video Camera Footage Prove Negligence in an Accident Claim?
Written by Greg on May 31, 2020
Accidents are common occurrences, and chances are you will be involved in a crash at some point in your life. Luckily, most accidents are minor and result in very little damage or mild injuries. Accidents happen quickly, and even the drivers involved may not know exactly how they occurred. You need to find out what happened so the negligent party can be held responsible for paying damages. Police crash investigators and insurance adjusters try to piece together what happened using the police report, witness and driver statements, analysis of the accident site, and evaluating the vehicle damage. In some cases, video footage recorded the accident, which will make it easier to assess negligence.
Types of Video Cameras
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. There are several types of video surveillance cameras, including commercial cameras, governmental or public cameras, and personal cameras.
- Cell phones
- Vehicle recording devices
- Traffic cameras
- Video surveillance cameras
- Doorbell cameras
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.
How to Obtain Video Recordings
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 scene of the crash 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 over 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 Video Helped Win a Case
- A professional truck driver was driving a dump truck. While pressing an intersection, the traffic signal was red for the driver. Our client had the green light and was severely injured in the accident. The truck driver initially claimed his light was green, but upon 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 were able to settle 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 involved and will work quickly to gather video documentation when possible.
It is often necessary to get a subpoena for access to the required video documentation. 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 an easy process, 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 today for a free initial phone consultation.
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