One of your priorities when involved in a car accident is to gather evidence clarifying the events leading up to the incident. Video footage is invaluable in this process because it provides transparent, unbiased accounts that can support insurance claims, legal processes, or personal understanding.
However, securing this footage can be challenging, fraught with legal nuances and procedural hurdles that you may need to overcome. This blog post will guide you through the practical steps and considerations for obtaining video footage after a car accident.
Understanding Your Rights and the Importance of Video Evidence
- Clarity in Dispute: Video footage can help resolve disputes about who was at fault in an accident.
- Support for Insurance Claims: Clear evidence can streamline the process of filing insurance claims, potentially leading to quicker, more favorable outcomes.
- Legal Use: Video evidence can be pivotal in proving your case or defending against allegations in court.
Can you obtain video footage on your own?
You generally have the right to request video footage in which you are involved, especially from public areas or places where there is no expectation of privacy. However, obtaining this footage often requires navigating a few legal and practical steps, which may vary based on location and the entity holding the footage.
How To Request Footage From Businesses or Individuals
Approaching Businesses for Footage
If a business’s security camera captured your car accident, you can approach them directly for the footage. Here’s how to approach the situation:
- Formal Request: Always approach the business formally and in writing to request the footage. This not only ensures clarity but also provides a record of your request.
- Specify Details: Clearly state the date, time, and specific location relevant to the footage to make it easier for the business to find.
- Explain Usage: Briefly describe why you need the footage. This can help when the business hesitates to release the video.
Legal Considerations
- Privacy Concerns: Businesses must consider the privacy of all individuals captured in the footage. They might blur their faces to protect privacy before handing over the video.
- Ownership Rights: Sometimes, footage is owned by third-party security companies rather than the business itself, which can complicate access.
The Role of Lawyers and Legal Orders in Obtaining Footage
When To Involve a Lawyer
- Complicated Requests: If a business refuses to release footage or if the footage is crucial for a legal case, involving a lawyer can be beneficial.
- Legal Support: Lawyers can help draft formal requests or subpoenas to obtain footage legally and efficiently to benefit your case.
Obtaining a Court Order
- Necessity: If informal requests fail, a court order may be required to compel the release of the footage.
- Legal Procedure: Your lawyer can guide you through filing for a court order, detailing the necessary justifications and procedures.
Digital Options: Requesting Footage Online
Online Platforms and Services
- Law Enforcement Agencies: Some police departments offer online portals where you can request accident reports and associated footage.
- Business Websites: Check if the business has an online request form for video footage, which can streamline your process.
DIY Online Searches
- Publicly Available Footage: Sometimes, footage from traffic cameras or bystander videos may be posted online. Sites like YouTube, the Citizens App, local news websites, or social media platforms can be sources to check.
In-person vs. online requests: Which is better for your case?
The good thing is you have some options for your case. However, how do you decide which request is better for your case? Consider the following reasons for both in-person and online requests:
In-Person Requests
- Immediate Interaction: Allows for direct communication and potentially quicker resolutions.
- Personal Appeal: Personal interactions can be more persuasive, particularly with local businesses.
Online Requests
- Convenience: This can be done from anywhere, saving time and resources.
- Documentation: Provides an electronic record of your request and any responses received.
Securing the Footage You Need for Your Case
Obtaining video footage of a car accident can be straightforward if approached correctly. Understanding the appropriate steps and legal considerations is crucial whether you handle it personally, online, or through legal assistance. Always remember to respect privacy laws and seek footage ethically and responsibly. Securing this evidence can significantly enhance your ability to resolve disputes and achieve justice in your car accident case.
Contact Clark Hartpence Law Today for a Free Consultation
If you have been injured in a car accident, meet with an experienced personal injury lawyer to protect your rights and get the compensation you deserve. Contact Clark Hartpence Law today for a free consultation on your case. We are an experienced and knowledgeable legal team ready to support you during a difficult time.
If you or someone you love was involved in an accident, call us at (855) 680-4911 or schedule a free consultation.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.