Video cameras are everywhere. In our practice, we obtain digital video recordings of many of the incidents where our clients were injured. A video recording can be crucial to proving a case and avoiding a “he said, she said” situation, as the video will reveal the truth of what occurred. Having a video will often mean that a claim gets resolved quicker, since it will resolve certain issues early.
We have obtained videos from building surveillance cameras, cameras on buses, doorbell cameras, Go Pro cameras, mounted police cameras, police body cams, and red-light cameras, among other sources.
Unfortunately, For this reason, it is important that the entity controlling the video be put on notice as soon as possible as to the necessity of saving desired video, before it is lost forever.
If a property owner has notice that someone is injured on their property, they are obligated to retain video they have. The same is true of someone who is in a car accident who has video of the incident. But there is no such obligation for independent third-parties to retain video of an incident not involving them.
If you are involved in an accident, you should as soon as possible either: obtain any available video; request in writing that those that have video retain it; or retain an attorney who will take the necessary steps to obtain the video, and/or put the proper parties on notice to preserve the video. The success of your claim may hinge on following this advice.