Using Video Evidence in Car Accident Cases

Video footage of the car accident that caused your injuries is usually the strongest evidence you can have to bolster your case. The damage to the vehicles, the police report, and the statements of eyewitnesses all count – but if you want to sway an insurance adjuster, a defense lawyer, or a jury, then video evidence is extremely persuasive.

Video evidence can show how an accident happened, the cause of the crash, and who is responsible. Video footage can help determine how you were injured, by showing if you struck the dashboard, if broken glass from the windshield cut your face, if your head whipped back and forth, and other causes of your injuries. Video evidence may be useful in proving that your version of the evidence is credible, while the version presented by the defendants is not.

More and more cars today are equipped with video technology that records traffic conditions and driver behavior. Further, there are often external video sources, like security or traffic cameras, that may have recorded the car crash. At Philbrook Law, we explore every avenue possible to determine if there is footage of your car accident.

Where can I find video footage of my car accident?

Some of the many places your car accident may have been caught on video include:

• Your own car or any of the other vehicles involved. A dashcam records the view of the road through the car’s front windshield. Cars may also be equipped with rear-view dashcams. Many commercial trucks also have dashcams. Trucks may also have other cameras that help drivers see around blind spots.

The cost of a dashcam is relatively cheap and car owners should consider using them. Of course, dashcams are a two-way street. They are valuable when the video shows someone else was negligent. If the video shows you were negligent, however, then you could end up being a defendant in the event of a car accident.

• Local intersections. According to the Federal Highway Administration, more than 50% of all serious and fatal accidents happen at or near intersections. Many intersections now have cameras that constantly record traffic conditions. While many cameras look for drivers who run through red lights, these cameras may also record any accident that happens within range of the camera. The difficulty, however, is in obtaining this video evidence.

The first task is to determine who owns the camera. Possible owners include:

• The Washington State Department of Transportation.
• Clark County.
• Vancouver or Battle Ground, WA.
• Other public entities.
• Toll road authorities.
• Private entities.

The second task is obtaining permission to examine the video evidence. Our lawyers are ready to make a formal demand, such as issuing a subpoena, to review the evidence. The court may have guidelines for review, such as making sure the defendants can view the video as well.

• A local business or home. These days, many businesses and homes have a video camera for security purposes. For example, a nearby gas station or convenience store may have video of your accident. Skilled investigators and lawyers can speak with nearby property owners to determine if they have footage and whether it was in operation when the accident happened. While some business owners and homeowners may voluntarily let you review their security videos, many owners will make the videos available if there is a court order or a subpoena.
• Smartphones. These days, many people in vehicles and nearby use their smartphones to record just about everything. We work to determine if anyone in nearby cars or vehicles (or any witnesses) involved in the accident used a smartphone to record the crash or its aftermath.

Sometimes, videos can be found in other ways. A witness may have posted a video to YouTube or to their social media account. The press may have learned of a video of the car accident. The police may have spoken to people who recorded the accident or know someone who did. Experienced attorneys can track these videos down to use in your case.

With video footage, time is of the essence

Remember, video data isn’t stored forever. Public entities generally have laws on how long the video data needs to be kept. The camera manufacturer may provide that the data is overwritten or erased after a certain period. A private owner may overwrite the video data instead of preserving it.

While accident victims need to focus on their emergency health needs first, it is critical that you meet with a skilled car accident lawyer as soon as possible after an accident. We can investigate every bit of information, including video, that may help show how the car accident happened.

At Philbrook Law, our Vancouver and Battle Ground, WA car accident lawyers speak with everyone involved and anyone who may have knowledge of your accident. We conduct discovery, including oral and written questioning of defendants and witnesses to determine the details and cause of your accident. Our lawyers are able to settle many car accident cases using video evidence, because adjusters can literally see the strength of your claim.

We demand compensation for all your economic and personal losses. We file wrongful death claims if a loved one tragically died in a car accident. To discuss your car accident claim, call our lawyers in Vancouver or Battle Ground, WA. You can phone us at 360-695-3309 or fill out our contact form to schedule an appointment. We represent accident claims on a contingency fee basis.