The kinds of video footage you can legally use as evidence in Texas include those from:
- Traffic light cameras
- Business or residential surveillance cameras
- Dash cams
Video footage of an accident can be powerful in a personal injury case, as it can verify or back up that your claim is true. Evidence such as video footage is often crucial to prove fault in a personal injury case.
How Would Someone Obtain Video Footage After an Accident?
During an accident investigation, both law enforcement officials and private investigators may request available video footage. This is because the footage might show any part of the accident.
In many cases, businesses, individuals, and public entities are perfectly willing to provide video footage to investigators. In fact, the Texas Department of Transportation makes a list of all its traffic cameras available online.
Even if they will not cooperate, however, your attorneys can use a subpoena to potentially obtain video footage, if necessary. A subpoena is a legal document that orders an entity to provide requested materials connected to a legal case. This can include video footage.
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Where Can You Find Video Footage After a Personal Injury Accident?
You can find video footage even in places that you might not expect. For instance, you might find relevant video footage at the following locations:
- In and near schools, including on school buses
- Law enforcement dashboard cameras
- Business surveillance cameras to deter theft
- An eyewitness’s cell phone
- Social media, posted by a witness to the accident
- Nanny cams or personal residence surveillance cameras
- Red light intersection cameras
Why Is Video Footage Valuable in a Personal Injury Case?
Video footage can legally be used as evidence in a personal injury case in Texas to show how an accident occurred. It can show who was at fault for an accident. You generally must show that the other driver or drivers were negligent in causing the accident that led to their injuries.
Footage can be critical evidence to support any claim against other parties for injuries stemming from the accident. Video footage can show a variety of facts and actions that can serve as evidence in your case. For instance, video footage may show:
- Whether a vehicle was speeding or committed a traffic violation
- What the weather conditions were at the time of the accident
- Whether there were other contributing factors to the accident
- How each party involved reacted to the accident
- What actions each party took following the accident
In some cases, the other party may argue that you bear some responsibility for causing the accident that led to your injuries. Under Texas law, you cannot recover any compensation for your injuries if you are more than 50% at fault. Video footage can help prove that you were less than 50% at fault for causing the accident.
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Which Parties Can Use Video Footage in a Personal Injury Case?
You can use video footage to strengthen or support your claim for compensation after you are injured in an accident. When it is available, video footage can be a strong piece of evidence in your case. As long as you acquired it legally, you can submit it as evidence.
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What Are the Limitations of Video Footage as Evidence in Personal Injury Cases?
Despite their potential benefits, video footage is not always useful as evidence in a personal injury case. Video footage typically provides only one limited angle of an accident. Individual witnesses to the accident may have been in a better position to see the accident occur.
Multiple witness statements can offer a variety of points of view on an accident. A video camera pointed only in a single direction might have a more limited scope.
Remember that the other party also can and will collect video footage to weaken or disprove your case. Video footage might show a different story than the one you told. In this case, you may have difficulty getting any compensation for your claim.
An insurance company also may use unrelated video footage to undermine your personal injury claim. For instance, posting a video of yourself running outside shortly after the accident could hurt your case. The insurance company is likely to conclude that you are not as badly injured as you claim. They could also say you are exaggerating your injuries to get compensation
Get Started Building Evidence to Support Your Personal Injury Claim
Knowing what kind of footage can legally be used as evidence in a personal injury case in Texas can be important. However, you can utilize other kinds of evidence. The lawyers and staff of Loncar Lyon Jenkins will fully investigate your circumstances. Your lawyer will review all available evidence, including any video footage that exists.
You can start working toward getting compensation for your injuries in an accident by calling our law firm at (877) 239-4878 right away. We offer free consultations about your potential personal injury case, so do not hesitate to contact us today.
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