Can Video Camera Footage Prove Negligence in an Accident Claim?

Accidents happen quickly and without warning. Although some accidents have eyewitnesses, many do not. You may not know exactly what happened in a car accident or another type of incident as an injured party. If someone captured video footage of the accident, however, you can determine the party that was negligent and is financially responsible for paying damages. Video camera footage can help you prove negligence in an accident claim in Texas.

Using Taped Footage to Prove Negligence

A personal injury case in Texas is based on evidence. The goal of a case is to obtain financial compensation from the at-fault party to make the victim whole again. In personal injury law, it is the victim’s responsibility to prove the defendant owed him or her a duty of care, breached this duty of care and caused the accident.

A breach of duty is an act of negligence or recklessness. A party is negligent if he or she is careless and this causes injury to others. The burden of proof an injured party must meet to establish negligence is a preponderance of the evidence. This level of evidence shows that the defendant is more likely than not responsible for causing the accident. A plaintiff must fulfill this burden of proof using clear and convincing evidence.

Video camera footage is one of the strongest types of evidence available. Photographs and videos can provide indisputable proof of how and why an accident occurred. They can help a victim understand the events leading up to an accident, as well as prove the defendant’s fault for causing the dangerous circumstances by showing his or her negligence through documentary evidence.

In a car accident case, for example, video camera footage could show one driver running a red light and crashing into another driver. Obtaining this footage and using it as evidence could prevent the at-fault driver from denying liability for the collision. The driver will not be able to escape liability in this example, as his or her negligent act was caught on camera.

Where to Look for Video Footage After an Accident

The first step in using video camera footage to prove negligence is obtaining a recording of your accident. In today’s world, there are cameras everywhere. An in-depth investigation of your accident could uncover video footage that caught your accident on tape. A Houston personal injury accident attorney and the police can help you investigate and find video camera footage that could be useful during your injury case.

Places to look for video footage after an accident in Texas include:

• Closed-circuit television (CCTV) systems
• Surveillance videos from nearby stores and parking lots
• Highway and traffic cameras, such as intersection and red light cameras
• Vehicle dashboard camera footage
• In-cab footage (e.g., in an Uber, Lyft or commercial truck)
• Go-Pro footage from a motorcyclist’s helmet
• Cell phone or camera footage from bystanders or eyewitnesses
• Official photographs and videos that were taken by a law enforcement officer at the scene
• Police officer dashboard or body camera footage (especially if the other driver was arrested)
• Doorbell cameras
• Home security system footage

If you can, remain at the scene of your accident and ask around for any cameras that might have caught it on tape. Use the exact time of the accident to locate the footage. It is critical to act quickly, as many establishments delete each day’s footage at the end of the day to make room for new footage. If you cannot stay at the scene and ask around yourself, have a trusted friend or family member do so for you.

Some footage may be available to the public, while others might be privately owned, meaning you need the owner’s permission to obtain a copy. A lawyer can help if you need a subpoena to access video documentation. A personal injury lawyer can act quickly, visit the scene of the accident, and take action to preserve and collect video camera footage on your behalf. Then, your lawyer can use the video footage to prove negligence.