Yes, video camera footage can prove negligence in an accident claim—whether it’s dashcam footage or from CCTV systems. While this form of evidence isn’t always easy to obtain, an attorney can help you track down the video footage and use it in your case.
Still, you could use other information and documentation to show the other party’s negligence when they caused your injuries in a car accident. For example, photographs, medical reports, traffic citations, the police report, and witness statements can all be evidence you can include in your claim.
Where to Find Video Camera Footage to Support Your Case
Video camera footage could support your accident claim. You may be surprised at some of the different locations that could have caught your accident on camera. Common places your attorney will look for video camera footage to support your case include:
- Dashboard cams
- CCTV systems
- Motorcyclist GoPros
- Home security video footage
- Doorbell footage
- Video from bystanders’ cell phones
- Law enforcement vehicle cameras
- Police body cameras
Your attorney can speak with accident reconstructionists, witnesses, experts, and other parties to obtain any video camera footage capturing the accident or its aftermath.
Why You Need to Act Quickly
Video camera footage is solid evidence to support your claim, but it may not be available for long. If video cameras are recording 24 hours a day, seven days a week, any old footage may be automatically erased as new footage is stored.
Although many businesses may be more likely to preserve video camera footage for months or more, you might be surprised to learn that many traffic cameras can overwrite video footage in as little as 24 hours.
Keep the Statute of Limitations in Mind When Pursuing Your Case
It should also be noted that Texas has a strict statute of limitations in place that requires injury victims to pursue their lawsuits in a timely manner.
Under Texas Civil Practice and Remedies Code § 16.003, accident victims will generally only have two years to file their lawsuit before the statute of limitations runs out. Failure to file your lawsuit before this expiration date will mean you have been barred from seeking compensation for your damages in civil court.
Damages You Can Recover in an Accident Claim
Whether you prove the other party’s negligence through video camera footage or other evidence, you may be able to recover compensation for your damages.
You could be entitled to seek coverage for:
- Medical bills for past and anticipated care
- Past lost wages
- Reduced earning capacity
- Pain and suffering
- Property damage expenses
- Disfigurement
There’s no way to say how much you can pursue. However, as a general rule, the more expensive your treatment, the higher your settlement may be.
How Could Video Footage Impact Your Case If You Are Partially at Fault?
If you share liability for causing your accident, and video footage of the collision supports this, it could have an impact on the amount of compensation you are awarded. Under Texas’ Proportionate Responsibility law, Texas Civil Practice and Remedies Code § 33.001, sharing fault does not bar you from financial recovery.
However, you can expect your injury settlement to be reduced to reflect your proportionate responsibility. For example, if you are 35% responsible for your injuries, you could expect to recover only 65% of your injury settlement.
If you have concerns surrounding how your case could be affected by Texas proportionate responsibility laws, your lawyer can discuss the circumstances of your case.
Things to Avoid After Getting Into an Accident
It is also important to remember that there are certain things that could have a negative impact on your ability to recover compensation for your suffering.
Avoid Using Social Media
Suppose you post a picture of yourself on social media, and it appears as though your injuries may not have been as severe as you made them out to be. In that case, the other party’s insurer may attempt to introduce this post as evidence against you.
Get Medical Attention as Soon as You Can After the Accident
If you didn’t see a doctor after your accident, make an appointment with your primary care physician or go to the hospital right away. They can run tests, diagnose all of your injuries, and begin treating you right away.
Waiting too long to get medical help may give your injuries more time to manifest and worsen. This delay could lead to long-term impairment. In addition, the insurer may try to claim that something other than the accident triggered your injuries. They could also say that your injuries weren’t as serious as you claimed.
Get Help With Accessing Video Camera Footage From Loncar Lyon Jenkins
If you have been injured in an accident, and the incident was caught on video, you may be able to present a robust case against the alleged liable party. Allow an attorney with Loncar Lyon Jenkins to assist you. Contact us today for a free consultation.
