How Surveillance Video Can Make or Break a Personal Injury Case

Video evidence has become one of the most powerful forms of proof in personal injury cases. Whether an accident occurs at a busy intersection, inside a retail store, at an apartment complex, or even during an Uber or Lyft ride, there is a good chance that a camera captured at least part of what happened. Security cameras, traffic cameras, dashboard cameras, and even doorbell cameras have changed the way accidents are investigated and litigated.

For injured victims, surveillance video can provide compelling evidence of how an accident occurred and who was responsible. At the same time, video footage can also undermine a claim if it contradicts a person’s account of the events. At Kalfayan Merjanian, LLP, our California personal injury trial lawyers move quickly to identify and preserve surveillance footage that may prove liability and help our clients recover the compensation they deserve.

Why Is Surveillance Video So Valuable?

Unlike witness testimony, surveillance video can provide an objective record of an accident. While eyewitnesses may have limited viewpoints or imperfect memories, video footage can capture the sequence of events as they actually unfolded. Surveillance video may reveal details such as traffic signals, vehicle speeds, road conditions, pedestrian movements, hazardous property conditions, or the actions of drivers and property owners immediately before an accident. Although video does not always tell the entire story, it often becomes one of the most persuasive pieces of evidence available.

How Can Video Help Prove a Car Accident Claim?

Car accidents sometimes involve conflicting versions of what happened. One driver may claim they had the green light, while another insists the opposite is true. Surveillance footage from nearby businesses, intersections, or private residences may help establish critical facts, including:

• Which driver had the right of way.
• Whether a driver ran a red light or stop sign.
• Excessive speed or reckless driving.
• Unsafe lane changes.
• Distracted driving immediately before the collision.

In many cases, video evidence resolves disputes that might otherwise depend solely on conflicting witness testimony.

Why Is Video Evidence So Important in Bicycle and Pedestrian Accidents?

Bicyclists and pedestrians often suffer catastrophic injuries because they have little protection during a collision. Unfortunately, drivers sometimes claim they never saw the bicyclist or pedestrian or argue that the injured person unexpectedly entered traffic. Surveillance video may help verify what actually occurred. Footage may show, for example, whether the pedestrian was using a crosswalk, whether the bicyclist was riding lawfully, whether the driver failed to yield, or whether distracted or aggressive driving contributed to the crash. Because serious injuries often prevent victims from recalling every detail of the accident, video evidence can become especially important in reconstructing the events leading up to the collision.

Can Surveillance Cameras Help Prove a Premises Liability Case?

Yes. Many businesses, apartment complexes, hotels, shopping centers, office buildings, and parking structures use security cameras throughout their properties. These cameras may capture dangerous conditions that led to an injury, such as:

• Slip and fall accidents.
• Trip hazards.
• Falling merchandise.
• Inadequate security incidents.
• Unsafe stairways.
• Poor lighting in common areas.

Video footage may also reveal how long a hazardous condition existed before the accident. For example, surveillance video might show that a spill remained on a grocery store floor for an extended period without being cleaned up, helping establish that the property owner had sufficient time to discover and correct the hazard.

Can Video Footage Help After an Uber or Lyft Accident?

Rideshare accidents may involve several potential sources of video evidence. Nearby businesses, traffic cameras, residential security cameras, and dashboard cameras from other vehicles may all capture portions of the collision. Depending on the circumstances, video may help establish which driver caused the accident, whether distracted driving occurred, whether another vehicle contributed to the crash, or how the collision affected passengers inside the rideshare vehicle. When multiple insurance companies dispute liability, independent video evidence can become particularly valuable.

Some rideshare drivers use dual-lens or three-channel dashcams that record both the road and the vehicle’s interior cabin to protect themselves against false passenger reports. This video, or the lack thereof, could support a claim of rideshare sexual assault against a passenger, such as if a driver normally records the interior of the vehicle but turned that functionality off during a particular ride.

What Happens If the Property Owner Deletes the Video?

Many surveillance systems automatically overwrite recordings after a relatively short period. Some systems retain footage for only a few days, while others may preserve recordings for several weeks. Once the footage is overwritten, it may be impossible to recover. For this reason, one of the first steps an experienced personal injury attorney often takes is sending a preservation letter to businesses, property owners, or other parties that may possess relevant surveillance footage. This letter formally requests that potentially important evidence be preserved while the claim is investigated. Acting quickly can make the difference between obtaining valuable evidence and losing it forever.

Is Surveillance Video the Only Evidence That Matters?

No. While surveillance footage can be extremely persuasive, it is only one piece of the overall investigation. A strong personal injury case may also rely on police reports, witness statements, photographs, medical records, accident reconstruction, cell phone records, maintenance records, expert testimony, and other evidence that helps establish liability and damages. Sometimes video captures only part of an incident or lacks audio. Other evidence may be necessary to provide context and explain what occurred before or after the recorded events.

Can Surveillance Video Hurt a Personal Injury Claim?

It can. Not every video supports the injured person’s position. In some cases, footage may contradict a witness’s recollection or show that an accident occurred differently than originally believed. Insurance companies also sometimes conduct surveillance of claimants after an accident, particularly in cases involving serious injuries or substantial damages. They may attempt to use selected video clips to argue that a person’s injuries are less severe than claimed. For this reason, honesty and consistency throughout the claims process are essential. An experienced attorney can place surveillance evidence in its proper context and respond when insurers attempt to draw misleading conclusions from isolated footage.

Why It’s Important to Contact an Attorney Quickly

Time is one of the biggest factors in preserving surveillance evidence. Businesses routinely overwrite security footage, and private camera owners may not realize their recordings captured an important accident. Waiting too long to begin an investigation may result in the permanent loss of evidence that could have established liability. An attorney can promptly identify potential video sources, send preservation requests, interview witnesses, obtain available footage, and begin building a comprehensive case while the evidence is still available. Early action is especially important in bicycle accidents, pedestrian collisions, premises liability claims, rideshare accidents, and other cases where surveillance video often plays a critical role.

Contact Kalfayan Merjanian, LLP

If you were injured in a car accident, bicycle collision, pedestrian accident, rideshare crash, or premises liability incident, valuable surveillance footage may already exist that could help prove your claim. The attorneys at Kalfayan Merjanian, LLP understand how to identify, preserve, and use video evidence to build strong personal injury cases. Contact Kalfayan Merjanian, LLP today to discuss your accident and learn how prompt investigation can help protect your rights.