- September 10, 2024
- Tucker Law
- Car Accident Lawsuits
Evidence is the cornerstone of any successful legal case, and video footage of an event unfolding is just about the strongest evidence you can possibly present. Luckily, with the proliferation of surveillance cameras across the United States in recent years, it’s never been easier to track down footage of a car accident after the fact.
In New York, traffic cameras, private security cameras, and business surveillance systems may all have recorded your accident. However, depending on who’s in charge of managing and distributing this footage, getting your hands on it might be challenging.
Here, we go into detail on the value of surveillance camera footage in car accident cases and discuss the best ways to access it.
Can Surveillance Camera Footage Help Your Car Accident Case?
It’s difficult to overstate the potential value of video footage in car accident claims. Without it, disputes can amount to a game of “he said, she said.” Video evidence provides an undeniable account of events as they happened; if you’ve fallen victim to a reckless driver who refuses to admit liability, this is exactly what you need.
Even if the footage you access shows only part of the incident, or doesn’t capture the moment of the collision at all, it can still be valuable. For example, it can:
- Corroborate testimony: Surveillance footage can corroborate the statements of those involved in the accident, as well as any witnesses. This visual evidence can confirm details that may be disputed or misremembered, strengthening the credibility of your case.
- Document conditions: Video footage can capture important contextual details, such as weather conditions, road hazards, and the behavior of other drivers or pedestrians at the scene.
- Support a legal strategy: Your attorney will be able to use the footage to develop a strong legal strategy, such as by analyzing the footage to identify key moments and build a clear picture of the timeline of the accident.
What to Know About New York City Traffic Cameras
There are various types of traffic cameras monitoring activity on New York roadways. Though these are not in place for the purpose of assisting civil car accident claims, their footage can sometimes be useful in this context.
First, it’s important to understand the distinctions between the various types of traffic cameras in New York:
- Traffic cameras: Traffic cameras help the authorities manage traffic flow by providing real-time traffic updates to both traffic management agencies and the public.
- Red-light cameras: Red-light cameras use roadway sensors to detect red-light violations by drivers at intersections; when the sensor is activated, a camera sends a picture of the potential violation to a DOT agent.
- Speed cameras: The city’s speed camera program forms an important part of its Vision Zero campaign. The cameras use radar and laser technology to apprehend speeding motorists.
Collectively, these cameras pick up a significant percentage of what happens on New York roads; if you get into an accident, there’s a good chance footage of it will have been recorded by a traffic camera of some kind. However, getting your hands on this footage won’t always be a walk in the park; there are various steps involved in the process.
Identify the Agency With the Footage
You’ll first need to determine which government agency manages the traffic or public cameras in the area where the accident occurred. This could be the New York City Department of Transportation (NYC DOT), the New York State Department of Transportation (NYSDOT), or a local law enforcement or transportation agency.
Submit a FOIL Request
In New York, you can request public records, including surveillance footage, through the Freedom of Information Law (FOIL). Prepare a FOIL request that includes the specific details of the footage you are seeking.
Follow Up
After submitting your FOIL request, follow up if you don’t receive a response within the agency’s stated time frame. Persistence is key; don’t make it easy for the person on the other end of the request to ignore you.
Understand FOIL Limitations
Be aware that FOIL requests can be denied for various reasons, such as if the footage is part of an ongoing investigation. There might also be privacy concerns related to the release of the footage.
Appeal Denied Requests
If your FOIL request is denied, you have the right to appeal the decision. Follow the agency’s appeal process, providing additional information or clarifications as needed.
How to Get Private Camera Footage
According to a study by Comparitech, New York City is the second-most surveilled city in the United States, behind Los Angeles. There are reportedly 7.88 security cameras in the Big Apple for every 1,000 people. So, if you’ve crashed your car in the city, there’s a very good chance you were on camera while doing so.
Immediately after the accident, look around for private security cameras. Businesses and parking lots are particularly likely to have them, but private residences often do as well.
Approach the owners or managers of the properties with cameras and request the footage. You can do this at the time of the accident if it’s convenient to do so, or at a later time. While it may be possible to get what you need by submitting a written request, you’ll be harder to ignore if you visit the owner of the camera in person.
You’ll be more likely to succeed in getting the footage if you know the exact time and date of your accident. The easier you make things for the owner of the camera, the more willing they’ll be to help you.
You should note that some property owners might charge a fee for retrieving and copying the footage.
Can an NYC Car Accident Lawyer Get Footage For Me?
As we’ve outlined, getting your hands on the footage you need is often easier said than done. Hiring a lawyer can help you complete the process more quickly and with less stress.
Lawyers can formally request footage on your behalf. They know how to draft effective requests and whom to contact, whether it’s a government agency or a private property owner. This type of formal approach carries more weight, and is therefore more likely to get you the response you want.
If your lawyer’s initial formal request is denied, they may file an appeal on your behalf (depending on who’s in charge of the camera in question). They might also be able to issue a subpoena to compel the release of the footage.
Finally, your lawyer will be able to ensure that the footage is obtained and handled in such a way that it will be admissible in court. They know how to present this evidence effectively to strengthen your case.
Choose an Attorney Who Will Take Care of Everything on Your Behalf
If you think surveillance camera footage has a role to play in your car accident case, but you’re not sure how to go about obtaining it, we can help.
Contact Tucker Lawyers today for a free initial consultation about your case. You can reach us via our online webform or call (516) 399-2364.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]