How to Obtain Video Footage of Your Car Accident 

When you are injured in a car accident, you probably have a million questions—and you probably feel overwhelmed, distressed, and vulnerable.

We understand. Here at [firm-name], our South Dakota car accident lawyers have years of experience handling car accident claims for our clients. With a seasoned and compassionate legal team on your side, you can pursue compensation for the injuries and harm you suffered because of someone else’s wrongdoing.

Receiving the compensation you’re due depends on whether you can convince the insurance companies that you did not cause the accident yourself. And to prove your nonliability in the strongest manner possible, you need to obtain video footage of the incident, whether from traffic cameras, surveillance systems, or dash cams. This type of footage provides insurance adjusters with a clear picture of the accident, making sure that no one can dispute the validity of your claim.   

Understanding the Importance of Video Footage

If a camera happened to record the accident, that video footage could provide a clear, indisputable view of what happened in the incident. For example, the video could clearly show who failed to brake in time or who sped up when they shouldn’t have.

Cameras expose critical factors human observers might miss. They record precise speeds, capture fleeting gestures or distractions, and document road conditions with unwavering accuracy. Visual evidence strengthens your credibility immensely. When your account aligns perfectly with recorded events, it bolsters your entire case, from injury claims to emotional distress arguments.

Footage dismantles false narratives instantly. It prevents at-fault parties from fabricating alternative versions of events, forcing accountability where it belongs. When your description of the accident matches the facts established by the recording, you will be in a much better position to claim maximum compensation for your accident-related injuries.

DOT Traffic Cameras

The South Dakota Department of Transportation (DOT) operates a statewide network of traffic cameras, generally placed at busy intersections, highways, and other high-traffic and high-risk areas. Even though that’s the case, the SD DOT 511 website shows still shots of the views from their cameras. This system is for traffic congestion and weather conditions and does not record video from any of their cameras, so they won’t have evidence you can use.

Requesting Surveillance Footage After Accidents

Many businesses and residential buildings have outdoor surveillance cameras that might have recorded your accident. If you can, revisit the scene of your incident and survey the area, taking note of any businesses, homes, or other properties with visible outdoor security cameras. Business owners and homeowners may mount these devices on buildings, light poles, or parking lot structures.

Once you have identified the businesses or residences that might possess helpful footage, approach the business or property owner directly. Explain the details of your accident, your insurance claim, and how their recording will help your case. Be courteous. No one has any legal obligation to share the footage if they do not want to.

If a business owner requests official documentation to support your request for the recording, contact an experienced car accident attorney to formalize your request.

Can I Obtain Video Footage without an Attorney?

In the best-case scenario, you will be able to obtain the footage that you need without involving an attorney. However, especially when dealing with corporations or with footage that could contain sensitive information, an attorney can increase the likelihood that your request will be successful.

Additional Tips for Obtaining Video Footage

To maximize your chances of obtaining the video footage that you need for your insurance claim, remember the following:

• Be Persistent but Polite: If a business turns you down at first, you can follow up with additional requests and clarifications via email—but always maintain a respectful tone.
• Document Your Efforts: Make a note of all your attempts to obtain footage, including dates, times, and names. If a residence or company later denies that you requested the footage, this will help prove your side of the story.
• Understand the Limitations: Not all areas have traffic or surveillance cameras, and sometimes technical issues corrupt footage. Manage your expectations and retain a flexible mindset when it comes to this process.

How Video Surveillance Can Enhance Your Claim

Once you have successfully obtained video footage from a security camera that recorded your accident, make sure that you submit a copy of that footage to your lawyer. They can use it to bolster your claim with the at-fault party’s insurer. To further strengthen your case, highlight the key timestamps in the video and explain your perspective on what was happening in them.

Insurance adjusters have an incentive to dispute any of your factual claims and question your memory so they can justify a lower payout offer. In any discussions with the insurance adjuster, your lawyer can refer back to this objective recording of the incident.  

Video evidence transforms your claim’s foundation, elevating it from subjective recollections to concrete visual proof. This footage captures crucial details that memory alone might miss, preserving the exact sequence of events leading to your accident.

• Analyze the video meticulously, identifying key moments that support your version of events. Freeze-frame critical instants that demonstrate negligence or hazardous conditions. These snapshots serve as powerful visual aids during negotiations or in court.
• Leverage the footage to corroborate witness statements, strengthening their credibility. Match their accounts with the video timeline, reinforcing your narrative’s consistency and reliability.
• Employ the video to challenge any attempts by the opposing party to downplay the severity of the incident. Highlight visual cues that showcase the impact’s force or the dangerous circumstances surrounding the accident.
• Utilize the footage to document immediate physical reactions or visible injuries. This visual evidence counters arguments that your injuries occurred elsewhere or were pre-existing conditions.
• Integrate the video into a comprehensive timeline of events. Combine it with other evidence like medical records and expert testimony to create a compelling, multi-faceted presentation of your case.
• Remember, video evidence often prompts insurance companies to reevaluate their stance. The mere existence of clear, irrefutable footage frequently accelerates settlement negotiations and increases the likelihood of a fair offer.
• Safeguard the original video file meticulously. Create multiple backups and ensure its authenticity remains unquestioned. This precaution protects against potential claims of tampering or editing.

By leveraging video surveillance effectively, you transform your claim from a contestable account into a visually substantiated case, significantly enhancing your position in pursuit of fair compensation.

What If the Footage Shows I Was Partly at Fault?

The video evidence might suggest some fault on your part. However, even in cases like these, you can still claim partial compensation for your damages because of a South Dakota law called comparative negligence.

In South Dakota, if your contribution to the accident was slight, you can still recover compensation for the losses you suffered due to the accident. However, any compensation you recover will be reduced in proportion to your percentage of fault for the crash.

In these situations, an experienced car accident attorney can be extremely helpful: they can carefully analyze the footage, identify all the relevant details, and assess your percentage of fault. Then, they can use that footage to negotiate with the at-fault party’s insurer, highlighting any factors that reduce your share of blame to maximize your compensation.

How an Experienced Car Accident Attorney in South Dakota Can Help

At [firm-name], we have obtained video footage of car accidents for many clients, giving them legal peace of mind from the second that they call our office. Through our years of experience, we understand how overwhelming the post-accident scenario can feel, and we know how complex the process of obtaining video footage can be.

The compassionate and seasoned personal injury lawyers at our firm will help you identify and locate every relevant video and security camera in the area, get in touch with the property and business owners, submit formal requests and legal documentation for the footage, and analyze the results to build your best case.

Our attorneys scrutinize every frame of acquired footage, uncovering details that untrained eyes might miss. We employ advanced video enhancement techniques to clarify unclear images and highlight key moments that support your claim.

We coordinate with accident reconstruction experts, using the video evidence to create compelling visual presentations that illustrate the exact circumstances of your accident. These reconstructions prove invaluable in negotiations and courtroom settings.

Hire the Car Accident Attorneys at [firm-name]

Act now to protect your rights and secure vital evidence. Don’t let crucial video footage slip away while you struggle with insurance companies alone. Our experienced team stands ready to launch into action, fighting for the justice you deserve.

If you were hurt in a car accident that wasn’t your fault and need to obtain video footage to prove it, call our Watertown office at [phone-number linked=true] or fill out our online contact form for a free consultation today. We have helped hundreds of clients obtain maximum compensation for their car accident injuries—and we’re ready to help you, too.