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In personal injury cases, one of the key factors that can significantly influence the outcome of a claim is the presence of surveillance footage. Whether it’s from security cameras, dash cams, or even smartphones, surveillance footage can provide crucial evidence that strengthens or weakens a case. From car accidents to slip-and-fall incidents, this type of evidence can be pivotal in determining liability, proving negligence, and establishing the severity of the injury.
In this blog, Friedman, Domiano and Smith explores the role of surveillance footage in personal injury claims, its advantages, and potential pitfalls.
1. What is Surveillance Footage in Personal Injury Cases?
Surveillance footage refers to video recordings captured by security cameras, traffic cameras, or other surveillance systems. These videos are often used as evidence to support claims of negligence or fault in personal injury cases. Surveillance footage can come from a variety of sources, including:
- Retail or commercial property security cameras – These are commonly found in stores, parking lots, or other public spaces.
- Dash cams – Video footage captured by cameras mounted on vehicles. This is particularly useful in car accident cases.
- Closed-circuit television (CCTV) – Often used in public spaces or buildings to monitor activities.
- Smartphones or body cameras – In some cases, witnesses or the injured party may have captured the incident on their phones.
In personal injury cases, the footage typically provides a clear, objective, and visual record of events leading up to and following the incident. It can be pivotal in demonstrating how an accident occurred and who was at fault.
2. How Surveillance Footage Can Strengthen a Personal Injury Claim
Surveillance footage plays a critical role in establishing the facts of the case, which is particularly important in personal injury claims where proving liability is a central element. Here’s how it can strengthen a case:
A. Proving Negligence
Negligence is a common legal standard in personal injury cases, requiring the injured party to show that the defendant’s actions were unreasonable and directly caused the injury. Surveillance footage can demonstrate that the defendant’s actions or inactions were negligent. For example:
- Slip and fall cases: If a person slips on a wet floor in a store, surveillance footage may show whether the store owner failed to take reasonable steps to address a known hazard (e.g., not cleaning up the spill in a timely manner).
- Car accidents: Dashcam footage can show the details of a collision, such as whether the defendant ran a red light, failed to yield, or was distracted.
By providing an objective view of the incident, surveillance footage helps to eliminate any ambiguity and establish a clear chain of events that supports the claim of negligence.
B. Establishing Liability
Surveillance footage can clarify who was at fault for the accident, which is often the key issue in personal injury cases. In some situations, liability may not be immediately obvious, and witnesses may provide conflicting statements about what happened. Surveillance footage offers an unbiased perspective, which can help clear up confusion.
For example, in a car accident where the involved parties dispute who had the right of way, dashcam footage can confirm who caused the accident, helping to determine who is liable for the victim’s injuries.
C. Documenting the Severity of the Injury
In personal injury claims, it is important to prove the extent of the injuries suffered by the victim. Surveillance footage can show the victim’s condition immediately after the incident, documenting their behavior, movements, and the impact of the injury. This can be vital in demonstrating the severity of the injury and the pain or suffering experienced.
For instance, if an individual suffers a slip-and-fall injury, the footage might show them limping away or struggling to stand up after the fall, providing clear evidence of their injury.
D. Supporting Witness Testimony
In many personal injury cases, witnesses play an essential role in corroborating the claimant’s version of events. However, witness statements can sometimes be unreliable or biased. Surveillance footage provides a more reliable and verifiable form of evidence, supporting the testimony of witnesses and the injured party.
If a witness testifies that the injured person was walking carefully or appeared uninjured, but the footage shows otherwise, it could help discredit false or misleading testimony.
3. Challenges of Using Surveillance Footage in Personal Injury Cases
While surveillance footage can be incredibly helpful in personal injury cases, there are challenges associated with its use. These challenges include:
A. Video Quality and Clarity
The quality of surveillance footage can vary greatly depending on the equipment used. Older or lower-quality cameras may not provide a clear view of the incident, especially in poorly lit areas. For example, a video recorded in a dimly lit parking lot may not clearly show the details of a car accident, making it difficult to draw definitive conclusions about fault.
In some cases, the video may be grainy or blurry, which reduces its effectiveness as evidence. Additionally, video quality may be compromised by technical malfunctions or poor storage practices, making it difficult for lawyers or courts to rely on the footage.
B. Availability of Footage
Not all incidents are captured by surveillance cameras. For example, a slip and fall may occur in an area without surveillance coverage, or an accident may happen in a location where no cameras are present. If footage is not available, it can be difficult for the claimant to prove the facts of the case.
Even when footage exists, it may not always be preserved for an extended period. Many businesses overwrite or delete old footage, and if the video is not saved in time, it may no longer be available when needed.
C. Privacy Concerns
While surveillance footage can be crucial in personal injury cases, privacy concerns can arise. For instance, surveillance cameras may have captured more than just the incident itself, including private or sensitive information about the injured party or others involved. This raises questions about how such footage should be handled to protect individuals’ privacy rights.
Additionally, in some jurisdictions, there may be strict rules governing the use of surveillance footage, and courts may limit the admissibility of video evidence if it was obtained in violation of privacy laws.
4. Tips for Utilizing Surveillance Footage in Personal Injury Claims
If you are involved in a personal injury claim and believe that surveillance footage may be valuable to your case, consider the following tips:
- Act quickly: Surveillance footage may only be stored for a limited period, so it is important to request it as soon as possible after the incident.
- Work with your attorney: An experienced personal injury attorney can help you obtain, preserve, and use surveillance footage effectively in your case.
- Ensure the footage is preserved: If you are able to access footage, make sure it is saved in its original format to prevent tampering or loss of evidence.
- Use it as corroborating evidence: Surveillance footage should be used alongside other evidence, such as witness testimony, medical records, and expert opinions, to build a strong case.
Surveillance footage plays an essential role in personal injury claims, offering undeniable evidence that can support a victim’s case, establish liability, and document the severity of the injury. While there are challenges to using surveillance footage, such as video quality and availability, its potential benefits far outweigh these obstacles. When properly utilized, surveillance footage can be a game-changer in personal injury disputes, helping victims receive the compensation they deserve.