Two people will never have the same recollection of an event, especially when asked to recall the circumstances of an accident. Traffic video can provide valuable insight into an accident, removing the guesswork. When you work with the experts at BDIW Law, you never have to guess your next step involving a car accident.
Obtaining a traffic video of a car accident can be critical in proving your case and helping you secure your claim. There are better choices to acquire video footage to document the accident.
Public Video Footage
A common place for accidents is at traffic lights. Rear-end bump-ups, turning left in front of oncoming traffic, and failing to stop at red lights are common causes of accidents that red light cameras can record and document.
Unfortunately, Oklahoma does not use red light cameras, which could capture critical accident details. However, the state has traffic monitoring cameras to survey traffic jams. What additional sources of camera footage may be available, and how can you obtain a copy of traffic videos for proof of fault in a car accident?
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Even without redlight cameras, there is still the possibility that your car accident was caught on camera. Where may these cameras be located?
- Nearby businesses
- Private residences
- Vehicle dash cameras
- Cell phone videos from witnesses
- Toll road administration
Most of these videos are private property belonging to the owner of the video surveillance camera. You may see these cameras mounted visibly outside of the property, or you may need to contact the owner directly to see if a camera is in place. Either way, you will need to speak with someone about gaining a copy of the video footage.
Accessing Video Footage
If the video belongs to a private entity, such as a business, it is best to reach out directly to the owner or manager. It is critical to reach out as soon as possible. Having the date and approximate time of the incident will help quickly narrow the search for the footage.
Witnesses may have recorded the accident with their phones. It is vital to collect information such as their names and phone numbers to make obtaining a copy of the video and a statement easier. If possible, get a copy of the video when speaking with the witness at the scene of the accident.
Businesses will often contract with a security provider. If so, you will contact the security provider. An Oklahoma car accident attorney can help you with obtaining the video footage.
Video Retention
The length of time a video is kept will depend on the entity’s retention policies. Some videos are deleted automatically on a schedule, while others may be deleted manually. Regardless of the policies, it is crucial to determine if there is video footage as soon as possible.
One of the most critical actions an attorney can help you with is sending out preservation requests. This request will inform the owner of the video of your need for the information for documentation of an accident, preventing the deletion of the footage.
Make a Connection
Establishing a connection allows you to work with the individual or representative to gain access to video footage by submitting a request for retention. Requesting dash camera footage from entities such as the Oklahoma Highway Patrol is simple. A request for retention is usually enough and a simple way to receive a copy of the video footage.
Issue A Subpoena
If the person or business will not cooperate and agree to share the video footage, it may be necessary for an attorney to issue a subpoena. A subpoena is a mandate from the court to turn over the requested evidence. The entity is then required to turn over the requested information or explain why this is impossible.
The Downside of Subpoenas
Subpoenas can be a source of contention with the entity in possession of the video footage. Responding to a subpoena requires the business or person in control of the footage to hire an attorney, which costs money. It is best to find a way to work with the entity possessing the footage to gain access without forced compliance.
A subpoena will require that you file a lawsuit. If you are only looking to file an insurance claim, you cannot use a subpoena to access video footage. A knowledgeable attorney can help you determine if a subpoena will be beneficial.
Subpoenas can often delay your ability to gain access to video footage. It is best to try to negotiate access to the information you need without a subpoena so that you do not risk the footage being deleted or the entity in possession of the video becoming uncooperative. Ultimately, if a video is recorded on private property, the owner may refuse to share the footage.
Seek Help from an Oklahoma Car Accident Lawyer
Traffic video of a car accident is powerful proof of the events of an accident and determining who is at fault, particularly if the at-fault driver denies responsibility. Finding and collecting the video footage that will support your claim can take determination and time, and time is limited for acquiring video footage, risking the permanent deletion of evidence.
The simplest way to gain video footage of your car accident is by working with a car accident attorney in Oklahoma that can help you find and secure the footage. Our knowledge allows us to assist you in your claim by:
- Collecting video evidence from any sources in the area of the accident
- Sending a preservation request
- Documenting witness testimonies
- Accessing copies of police reports and medical records
- Acquiring photos of the damages
- Determining if filing a lawsuit is the best course of action
- Issuing subpoenas in a lawsuit
- Speeding up the claims process
Let the experienced team of BDIW Law help you locate and secure access to traffic video footage of your car accident. We work hard for you so that receiving compensation for your claim is easier.
