It’s hard to overstate the impact of surveillance footage on personal injury cases. Surveillance footage or dash cam videos can prove fault, counter contributory negligence arguments, verify injuries, and strengthen personal injury claims. It may also provide critical details that witnesses dispute.
In many instances, useful video footage exists after an accident. However, finding and preserving this potentially critical evidence before it gets lost or destroyed requires quick action. An experienced Alabama personal injury attorney from Gartlan Injury Law can explain the steps we can take to collect this evidence, and the role it may play in your specific case as we work with you to seek maximum compensation for the harm you have suffered.
What Different Types of Surveillance Footage Can You Use in an Alabama Personal Injury Case?
Several types of video recordings may provide compelling evidence in an Alabama personal injury claim. Depending on where and how the accident happened, multiple sources of footage may exist:
- Store security cameras – Retail stores, gas stations, restaurants, and shopping centers often use interior and exterior surveillance systems. Many businesses automatically delete footage after a short period, so finding this evidence quickly is crucial.
- Exterior security cameras – Commercial buildings, apartment complexes, and office properties commonly use outdoor security cameras. Exterior footage can help establish how an accident occurred and whether someone acted negligently.
- Doorbell cameras – Doorbell cameras have become increasingly common throughout Alabama neighborhoods. Homeowners may not realize their security systems captured an accident nearby. Accident investigators should be proactive in seeking this evidence.
- Vehicle dashcams – Dashcams can provide direct footage from inside a vehicle before, during, and after a car crash. Dashcam footage is especially important in crashes in which the at-fault party is in dispute.
- Motorcyclist helmet cams – Motorcycle riders sometimes use helmet-mounted cameras to document rides. These cameras may capture dangerous driver behavior that contributed to a motorcycle accident and show how the motorcyclist’s injury happened.
- Cellphone cameras – Witnesses frequently record accident scenes using their phones. Photos and videos taken shortly after an accident can preserve important details before the scene changes and be useful in proving liability.
- Traffic cameras – Traffic cameras installed at intersections or along highways may capture collisions or the events leading up to them. Government agencies or municipalities may maintain these recordings, though retention periods are often limited.
How Can You Use Surveillance Camera Evidence in Alabama Personal Injury Claims?
Video footage can affect several important parts of a personal injury claim. Surveillance footage may clearly show who caused the accident. A recording could capture:
- A driver running a red light
- A distracted driver looking at a phone
- A truck drifting between lanes
- A hazardous condition that a property owner failed to correct
This type of evidence may strengthen your claim by providing visual proof of negligence.
Similarly, accident scenes change quickly. Vehicles will be towed away, debris will be removed, and weather conditions will change. Video footage preserves important evidence that may otherwise disappear. A recording may also preserve details that witnesses later forget or misremember.
Video can also overcome contributory negligence claims. Insurance companies often try to deny insurance claims by claiming the falsification of injuries.
Video footage might prove:
- You had the right-of-way.
- You stayed within your lane.
- You obeyed traffic signals.
- You acted reasonably under the circumstances.
- You suffered injuries due to another’s negligence.
Compelling evidence can make it harder for insurers to shift blame onto you.
Clear footage may encourage insurance companies to accept liability and settle claims sooner. When a skilled personal injury lawyer from Gartlan Injury Law presents compelling evidence, insurers may agree to pay just compensation.
Is Video Footage Always Admissible in a Personal Injury Case?
Not all surveillance footage automatically becomes admissible in court. Several legal requirements may apply before a judge allows the footage into evidence:
- Chain of custody – The party presenting the footage must generally show that the recording has not been changed, edited, or manipulated after the accident.
- Identification – A witness or records custodian may need to identify where the footage came from and how the recording system operates. For example, a business employee may testify that the footage came from the store’s surveillance system.
- Date and time verification – The recording should accurately reflect when the incident occurred. Courts may review the timestamps or supporting testimony to verify that the footage matches the accident date and time. If a timestamp appears inaccurate or inconsistent, it might not be reliable.
Could Surveillance Footage Possibly Hurt Your Personal Injury Case?
Surveillance footage doesn’t always support the injured person’s claim. Insurance companies and defense attorneys often search for video evidence to dispute a claim. For example, footage may:
- Contradict statements about how the accident happened
- Suggest that an accident victim shares responsibility for the crash due to their own actions
- Show physical activity inconsistent with claimed injuries
- Capture social media videos or public appearances that insurers try to use against you
Insurance companies sometimes conduct their own surveillance after serious injury claims. That doesn’t mean your case lacks merit. Short clips often fail to show pain levels, medical limitations, or the physical consequences that follow activity.
Could Surveillance Camera Footage Be the Deciding Factor in Your Case?
In many cases, surveillance footage is one of the most persuasive forms of evidence available:
- Intersection accidents – Traffic or dashcam footage may show which driver had the green light or which driver failed to yield and entered the intersection improperly.
- Lane change crashes – Video recordings may reveal whether a driver made an improper lane change or drifted into another lane.
- Brake check collision – Footage may help establish whether a driver slammed on the brakes or drove aggressively before the crash.
- Commercial truck accidents – Truck accident cases often involve arguments over speed, lane position, following distance, and truck driver conduct. Surveillance footage may support other evidence, such as black box data or driver logs.
- Slip and fall accidents – Security footage may show how long a hazardous condition existed and how your fall occurred.
In some situations, a single video clip can significantly affect settlement negotiations or trial presentation.
How Can a Lawyer Help You Obtain and Use Surveillance Footage for Your Claim?
Obtaining surveillance footage often requires more than simply asking for a copy. Businesses, government agencies, and insurance companies may hesitate to release recordings voluntarily. An experienced personal injury lawyer can help by:
- Identifying possible camera sources
- Requesting footage from businesses or agencies
- Sending preservation letters before any footage is deleted
- Using subpoenas when necessary
- Reviewing footage for inconsistencies or additional evidence
- Working with accident reconstruction professionals to understand how a crash occurred
- Presenting footage effectively during settlement negotiations or trial
Attorney Aaron Gartlan has deep ties to the Dothan community and a strong background in advocacy on behalf of clients throughout Alabama.
A Dothan native, Aaron graduated with honors from Troy University. He earned his J.D. from Thomas Goode Jones School of Law while serving as a field artillery sergeant in the Alabama National Guard. During law school, he earned 11 academic awards.
His legal career has focused on representing people harmed by others’ actions and pursuing fair compensation for medical bills, lost wages, and non-economic damages. His professional memberships include the National Trial Lawyers Association’s Top 100 Trial Lawyers, the Million Dollar Advocates Forum, and the Multi-Million Dollar Advocates Forum.
Former clients have praised both his client communications and results. As one former client shared:
“Amazing person to represent you. Mr. Gartlan was my attorney for 2 car accident cases. If I had any questions or concerns, there was always someone available to answer my questions. He worked hard to get me a fair settlement, and I couldn’t be more satisfied. Thanks for representing me and my family.”
Contact An Alabama Personal Injury Lawyer
Gartlan Injury Law provides personal injury victims in Dothan and throughout Alabama with honest representation and proven results. Founding attorney Aaron Gartlan has extensive experience handling personal injury litigation and workers’ compensation benefits claims. He leads a dedicated legal team.
If you have questions about pursuing a legal claim or personal injury lawsuit for injuries caused by someone else’s actions, and want to learn more about the possible role of surveillance camera footage, contact us today for a free consultation.
