How to Request Video Footage After an Accident

If you've been in an accident, video surveillance footage could provide crucial evidence to help you prove a personal injury claim. But how do you get your hands on the video? In some cases, it may be as simple as approaching a store manager or business owner and asking for the footage. But you may need to submit a formal request. And it may take a subpoena to force a business to hand over video evidence that proves they're liable for your injuries.

Can You Request Surveillance Footage From a Business?

The short answer is: yes. Businesses own the video footage they record on their premises, and are generally allowed (or even required) to turn it over to someone who has a good reason for requesting it. However, the details can get complicated. It's important to understand how a business might respond to your request, so you give yourself the best chance of getting the evidence you're looking for.

Tips for Requesting Video Footage of Your Accident

As we'll discuss below, the best way to obtain video of your accident may be to work with a lawyer you can request (or demand) the footage on your behalf. This is especially true if the business that has the video is the same one you might want to sue.

However, there may be situations where the best and quickest approach is just to ask for the footage yourself. For example, if you think cameras outside a store may have recorded an accident that occurred off of its premises, then the business may have fewer concerns about sharing the footage.

If you make your own request, keep these tips in mind.

Cast a wide net. In many premises liability cases, there may only be one source of video evidence. For example, if you were hurt inside a store, or in the lobby of an apartment building, that building's surveillance cameras may have the only footage of the incident. But consider other possible sources of evidence. For example, if you were injured in a business' parking lot, the incident might have been captured by other business' cameras, a residence's doorbell camera, or a traffic camera.

Act quickly. Many businesses delete their video on a regular schedule, and a delay of even a few days could mean losing the footage you're after. In addition, it may be harder for a business to comb through its files to find footage of an incident that happened a long time ago. Finally, moving quickly signals that you're serious, and may make a business take your request more seriously, too.

Be specific and detailed. The more information you provide, the easier it will be for a business to find video of your accident. Include the date and time of the incident, as well as a description of what happened.

Understand the process. Businesses may have detailed rules for how and when they hand over their surveillance video. And the person who ultimately makes the decision might not even work at the store where the video was recorded. Make sure you know where to make your request, what to include to satisfy the company's requirements, and how long it's supposed to take.

Put it in writing. Keeping written records will make it easier for you to keep track of your request. It could also be important to an eventual legal claim, since evidence in a personal injury lawsuit might not be accepted if you can't show how you got it. You'll want to document the steps you took to obtain the video footage, and should also get written confirmation from the business that the video is authentic.

How Can a Lawyer Help You Obtain Security Camera Footage?

It some cases, you may want to work with an attorney to request surveillance footage. This is especially true if:

• you're concerned the person or business that has the footage might hide or destroy it to avoid legal responsibility for your accident, or
• you've already requested the footage and have either been denied or ignored.

A Lawyer Can Help You Navigate the Process

As we mentioned above, businesses often have detailed rules and complicated procedures that must be followed before they'll hand over their surveillance footage. This is especially true if you're dealing with a large company with many employees and locations.

A lawyer with experience investigating and litigating personal injury cases should understand and know how to work through these bureaucratic steps. This could include finding the right person or department to submit a request, making sure the format of a request complies with the company's requirements, and making sure the process keeps moving along.

An experienced attorney should also have a good sense of whether a company is acting in good faith, or if it might be dragging its feet, or making excuses that don't make sense.

A Lawyer Can Protect You From an Unethical Person or Business

If you think someone might respond to your request by deleting or hiding the video footage, your best bet is probably to work with an attorney. Having an attorney make the request sends a signal that you're taking the situation seriously, and are prepared to protect your legal rights.

Attorneys can also send so-called "spoliation letters." A spoliation letter puts a person or business on notice that you may be making a legal claim against them, and instructs them not to destroy evidence.

A spoliation letter can be helpful even if the business is acting in good faith. For example, if a business deletes its security footage on a regular schedule, a spoliation letter puts it on notice that some of its footage must be preserved.

Spoliation letters can also help prevent unethical people from destroying evidence. There are consequences for parties that destroy evidence they knew might be relevant to a lawsuit. For example, the judge could instruct the jury that they can take into account the destruction of evidence when deciding if a defendant is liable for a plaintiff's injuries.

A Lawyer Can File a Lawsuit and Subpoena Evidence

If you've been seriously hurt, suffered serious financial losses, or believe a large company is responsible for your injuries, then you'll almost certainly want to work with an attorney. There are many reasons to hire a lawyer for a personal injury case. One of those reasons is that, once a lawsuit is filed, you can get evidence using a subpoena.

A subpoena is a document requiring a party or potential witness in a lawsuit to hand over evidence or answer questions at a deposition. A subpoena is issued at the request of one of the parties to the lawsuit. But a subpoena is a court order, and if someone fails to comply then they can be fined or even jailed for contempt of court.

In some situations it may make sense to file a case in small claims court and handle any subpoenas yourself. But if the stakes are very high, or you're just not comfortable with the process, it's a good idea to work with an attorney who can issue subpoenas on your behalf.

Want to Learn More?

You can read more about evidence and the discovery process work in a civil lawsuit. If you have specific questions about your situation, or think you need help getting video footage or other evidence, consider speaking with an attorney.