How Can Video Footage Be Used in a Tulsa Car Accident Case?

Determining how your car accident happened often starts with your version of events versus the other driver’s version. Sometimes, physical evidence such as skid marks or the damage to your vehicle can help prove liability. The testimony of other witnesses will also factor into the equation as well.

As more and more homes, businesses and vehicles become equipped with surveillance cameras, access to these digital images can be the difference between winning or losing your car accident claim.

What type of video footage can be helpful in car accident cases?

Any video footage that shows how the accident happened helps. The possible sources for video footage include:

• Private homes near where the accident happened (doorbell videos and security cameras)
• Business footage from nearby commercial establishments
• Cell phone videos from witnesses including anyone in the vehicles and bystanders
• Dashcam videos, whether on private cars, Uber and Lyft vehicles or emergency personnel
• Video from toll road authorities

There are other sources of video that could provide valuable information but oftentimes are difficult to track down.  For instance, while many busy intersections may appear to have cameras, many times they are not operational, are not pointed in the right direction or do not retain footage for long enough.  For more serious wrecks that garner attention from the media, attorneys should retain the footage shown on any newscast but also any footage that may have been cut on the editing room floor.

How do you identify whether any video footage of a car accident exists?

Skilled Tulsa car accident lawyers help victims determine if there is any video evidence in the following ways:

• Pre-litigation investigation. At the accident site, the investigators will inquire of any local businesses or residences if they have any cameras that may have recorded the accident or other material events leading up to or following the event. Usually, a simple knock on the door of the home or business and ask to speak to the owner. If the accident happened near a toll area that has camera footage, the investigator will ask the toll authority whether they have any videos of the accident.
• Post-litigation discovery. Once a lawsuit is filed each party is entitled to know what information and evidence the other side has.  That usually begins by asking for any and all photos and videos of the events surrounding a collision, who is in possession of it, and the best way to obtain a copy of the materials.  That inquiry can be expanded upon in a formal deposition wherein a party or deponent is questioned face-to-face about evidentiary issues.

How do you obtain the video recordings of my car accident?

There are several ways our Tulsa car accident lawyers can gain access to the videos once we determine there are videos:

• We informally ask the lawyers or insurance adjusters for the defendants if we can view the videos that their clients possess. The viewing may take place while the defense lawyers or adjusters are present. Alternatively, we may ask to privately view a copy of the video.
• We informally ask the business owner, homeowner, toll authority, or anyone else with a video if we can view the evidence. Since most videos that business owners have are managed by a video service, we’ll ask the business owner for permission to speak with the video service provider. If they have access to the footage via an app or online portal, sometimes that can be avoided, and you can work with the property owner directly
• We formally request a copy of the video or the opportunity to view it. The judge assigned to the case will decide whether to grant us the right to view the video, and the manner and procedure for viewing or copying the video.
• We serve a subpoena on the people in possession of the video. A subpoena is a court order to perform a certain act—in this instance, that would be to provide a copy of any video footage. The person who is served with the subpoena can either comply with the subpoena or explain to the court why they can’t or shouldn’t have to do so. Generally, a subpoena can only be served after a lawsuit is filed.

As a precautionary step, we’ll ask that any videos be saved (not deleted) until the right to view the videos can be established.

If a dashcam video is involved, we’ll ask permission from the owner which may include a private owner or the local police department.

How long are video recordings kept?

It’s important to move quickly after a car accident. Even when local residences and businesses have video recordings, the video systems usually automatically override or delete the videos after a certain time period has passed. The owners may also manually override or delete the videos.  As a precautionary measure, if a party, witness or property owner is thought to have evidence, including video evidence, it is a smart practice to serve them with a letter of preservation advising them of their obligation to retain all evidentiary materials regardless of whether they think they are relevant or not.  In some jurisdictions, there are certain situations where a party’s failure to do so can lead to a negative inference in which the Court will instruct the jury that their decision to not retain the evidence can be inferred to mean it would have been harmful to their case.

At Biby Law Firm, our Tulsa car accident lawyers are well-versed in all injury causing events and the numerous ways to prove up our client’s case. We work with investigators, the police, traffic reconstruction experts through the pre-litigation and litigation processes to show how your accident happened and who is responsible. Often, video camera footage can show how fast the cars involved in the accident were traveling, their movements leading up to the collisions, traffic lights and conditions, whether a driver was distracted and what happened to the cars and the occupants after the collision occurred. If you’ve been involved in a collision, please call our office or fill out our contact form to schedule a free consultation.