How Surveillance Footage Affects Your Accident Claims

Technology is constantly advancing. With the development and advancement of smartphones, dashcams, and improved surveillance and CCTV cameras, the legal system has adapted to the modern age of evidence. The additional tools and equipment can both help and hurt an accident claim.

Have you been injured in a car accident? At Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., our experienced team of attorneys, investigators, and paralegals is here to help you navigate this process, answer any questions, and pursue the compensation you deserve. We can help you gather evidence, including surveillance footage, and support your claim in court. Contact us today for a free consultation.

How to Use Surveillance Footage in an Accident Claim

Being injured in a car accident may leave you confused and unsure how to proceed. Collecting evidence and presenting it to your insurance agency is a tedious process. But then you find out the accident may have been caught on video. Now, you ask yourself questions such as “Can surveillance footage help my accident claim?” and “How do I obtain surveillance footage after an accident?” We are here to answer your questions and help you understand your rights. Here are several ways surveillance footage can support your claim:

• Determining Liability – Video surveillance can reveal who was at fault for the accident.
• Supporting Injury Claims – Video surveillance can support your injury claims and the severity of the crash.
• Disputing False Claims – The at-fault party or their insurance company may falsely accuse you of wrongdoing. Video surveillance can dispute this.
• Verifying Witness Testimony – Footage can identify people who may have witnessed the accident and corroborate bystanders’ testimony.
• Tracking Changes of Circumstances – Surveillance footage from before and after the accident can show the courts how injuries sustained changed one’s quality of life, such as reduced mobility or increased difficulty with daily tasks or job performance.

Using video evidence in an accident claim can be essential to proving fault and supporting your claim. However, you may now ask yourself a more daunting question: “Can Video Footage Be Used Against Me in an Accident Claim?” The answer is “yes.” Sometimes, using video evidence in personal injury cases may hurt the victim’s case more than help. This may include disproving the accident’s severity and injuries or revealing partial negligence on the victim. It is essential to be aware of these potential drawbacks to video surveillance as they may impact the percentage of compensation you can recover.

Types of Surveillance Footage Used in Accident Claims

There is a plethora of types of surveillance footage that may be used in accident claims. In the modern age of technology, video cameras are everywhere and can be integrated into anything – cars, homes, businesses, and more. Here are sources of footage that may be used:

• Traffic Cameras – Traffic lights often have cameras that capture accident footage. This can reveal stoplight violations, speeding, improper turns/lane changes, and other traffic infractions that may contribute to a crash.
• Dashcams – Law enforcement officers often use dashcams on their squad cars. Recently, it has become more popular for private vehicles to utilize dash cams. You might be able to obtain footage from either of the drivers involved, law enforcement officers, or witnesses before, during, or after the crash.
• Security Cameras – A security camera at a nearby business or government agency may have captured the accident.
• Home Security/Doorbell Cameras – Private footage from home surveillance may be available if the accident occurred in a residential area.
• Private Investigator Surveillance – All types of personal injury plaintiffs need to be aware of insurance company private investigator surveillance tactics. They may hire a private investigator to follow the victim to prove false claims or exaggerated injuries.

How To Obtain Surveillance Footage After an Accident

Now that you are aware of the different types of footage you can use to help your claim, here are some of the best ways to secure video evidence after a car accident:

• Requesting from Private Parties – The law does not require private parties to provide this information. You can request it verbally and follow up with a formal written request.
• Requesting from Public/Government Entities – Under Florida Statute Chapter 119, public/government entities in Florida generally must provide surveillance footage through a public records request. However, there may certain exceptions preclude the obtaining of evidence, including footage related to active criminal investigations, security-sensitive infrastructure, and any footage that would jeopardize public safety.

An attorney can help you request this evidence and then properly and efficiently handle it. It is also crucial to act quickly, as some people and agencies only retain recordings for a short period.

In a perfect world, obtaining surveillance would be as easy as this list makes it seem. However, some video owners may refuse to provide this evidence willingly. A lawyer and the courts can assist through a subpoena.

How to Subpoena Video Evidence for a Lawsuit

A court may grant a subpoena if the owner is unwilling or unable to provide video surveillance. A subpoena compels a business, government agency, or individual to produce video or other records that may support your claim. The Florida Rules of Civil Procedure, Rule 1.410, addresses what can be subpoenaed and who can issue the subpoena. If you want to obtain video evidence, you will need an attorney or a court clerk to assist you. Our team at Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can help you request a subpoena.

Surveillance Video Rights in Accident Claims

Understanding your rights and the rights of others involved is crucial to navigating this complicated legal process. There are additional Florida laws you should know about alongside the previously stated statutes and civil procedures. Florida Statute 934.03 “prohibits the interception and disclosure of wire, oral, and electronic communications without the consent of all parties to the conversation.” This means a court will not admit illegally obtained footage at trial. Our attorneys at Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can help you understand what may or may not be used in court to support your claim.

Contact Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. Today

If you have been injured in an accident, the personal injury lawyers of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. are standing by to help. Founding Partner Richard D. Schuler has represented Civil Trial Litigation plaintiffs throughout Florida and nationally for over 50 years. Our firm has six partners and six associates, ensuring you are in great hands with experienced attorneys. Contact us today at (561) 689-8180 for a free consultation. We are here to fight for you.