If you are wondering what surveillance can be used in car accident cases, there are two possibilities. First, you might be able to use footage from traffic cameras, surveillance cameras, cell phones, etc., as evidence to help prove who caused the collision. Second, the insurance company might use surveillance on you when they investigate the accident and your injuries.
Surveillance that Could Help You in Your Car Accident Injury Claim
It is much easier to capture images of a car accident than it used to be. Here are some ways you might be able to get evidence to prove liability and causation for your injury claim:
- It could be useful to your case if you take photographs or videos at the accident scene. With the graphics quality on today’s cell phones, you do not need to carry a regular camera in your car. Cell phone snaps will suffice. You could document the position of each vehicle, any property damage, weather conditions, hazards on the street, and other vital information
- Many cell phones can also take videos. Some things are clearer to understand or more persuasive in a video than a still photo. For example, if the other driver staggered when walking because they were drunk, a video of that at the scene would be powerful.
- If you cannot take photos or video safely at the scene, or if you do not have a cell phone with you, you might ask another person to take pictures and footage for you. Be sure to get their contact information so you can retrieve the evidence.
- Video doorbells are much more common today than they used to be. Police routinely use footage from home video doorbells to solve crimes and apprehend criminals. If there is no video doorbell within range of the accident scene, you might be able to get footage from a unit down the street that shows things like speeding, reckless driving, or other careless conduct
- You might also check if any residences or businesses nearby have security cameras that might have captured relevant footage of the collision or conduct leading up to the accident. Your attorney may have to jump through a few legal hoops to access this evidence
- You will want to check for traffic cameras at intersections near the crash site. The U.S. Department of Transportation’s Federal Highway Administration (FHA) reports that more than half of all motor vehicle collisions involving injuries or fatalities happen at or near intersections. With a little luck, there might be a traffic camera with footage that could be helpful in your injury claim
When your lawyer investigates the accident, they might discover additional surveillance that could be useful to prove causation or liability in your car accident.
How the Insurance Company Might Try to Run Surveillance on You After a Car Accident
Insurance companies routinely investigate car accident injury claims. Many people who try to con the system, so insurers have to verify many of the losses for which people seek compensation. Here are some of the possible ways an insurance investigator might engage in surveillance of you after a collision:
- An investigator might watch your house or follow your car to see if you are as badly hurt as you allege in your Dallas personal injury claim. For example, if an injured person claims to be bedridden, the insurance investigator might follow the individual to see if they engage in physical activities that are inconsistent with their alleged impairment from their wounds
- The insurance investigator may take still photos or video footage if they catch a personal injury plaintiff performing tasks and activities they claim to be unable to do because of their injuries. An example of that situation might be a person who claims to be unable to walk being seen playing basketball with friends
- The investigator does not have to follow you around to monitor your activities. Social media postings on Twitter, Facebook, Instagram, and other platforms can become evidence in court if they are relevant to any issue of your personal injury case. Even a photograph that shows you happy and smiling could get used to contradict your claim of constant extreme pain
Surveillance issues, whether used by you to prove your case or used against you by the defendant, could make or break your personal injury claim or lawsuit.
How a Personal Injury Attorney Can Help You With Surveillance Issues After a Car Crash
Here are a few of the ways a personal injury attorney can help you with surveillance issues after a Dallas car accident:
- Obtain footage that helps your case
- Prevent the improper use of surveillance evidence against you
- Provide guidance about the dangers of using social media after a collision
- Protect your legal right to compensation if you got hurt in a car accident that was someone else’s fault
Texas has a short time limit for filing a lawsuit seeking money damages for personal injuries. Per Texas Civil Practice and Remedies Code § 16.003, you likely only have two years to file your case. Be sure to talk with a personal injury attorney right away so that you do not miss the deadline.
The car accident attorneys at Loncar Lyon Jenkins have helped thousands of families. Call us today at (800) 285-4878 for a free initial consultation. There is no obligation.
