Evidence can make or break a personal injury case. One of the most compelling types of evidence that can support or challenge a claim is surveillance footage. In fact, surveillance footage in personal injury cases often plays a critical role in determining what actually happened and who was at fault. Whether the footage comes from a security camera or a traffic camera, it can have a tremendous impact on a case. Here’s what you should know if you’re pursuing a personal injury claim in Maryland.
What Is Surveillance Footage?
Surveillance footage can encompass any video recording of an incident or of the injured party that is captured without staging or scripting. This can include:
- Security cameras outside businesses or homes, including doorbell camera footage
- Traffic and red-light cameras
- Dashcams or body cams
- Footage captured by private investigators
In personal injury cases, this footage can either confirm or contradict the statements made by the parties involved. Because video evidence is considered objective, it can hold more weight in court than other types of evidence.
How Can Surveillance Footage Help Your Case?
If you’ve been hurt and are filing a personal injury case, you need to be able to demonstrate that someone else’s negligence or actions caused your injuries. Surveillance footage can make a huge difference in the outcome of your case through:
- Showing the exact moment of the incident. For example, a slip and fall in a store could be clearly captured on the business’s internal camera system. The footage could also be used to show when the slippery conditions began and whether or not the store attempted to do anything to mitigate them.
- Demonstrating unsafe conditions. Surveillance footage may show a wet floor without signage, poor lighting, or other hazards that contributed to the accident.
- Corroborating your version of events. If your account of the incident matches the video evidence, it can strengthen your credibility and make your claim more compelling. If the footage goes against what another party is saying, it can also be used to discredit them.
Maryland is one of just four states that follow strict contributory negligence laws, which means that if you’re just 1% responsible for the accident, you are ineligible for collecting damages. As a result, establishing that the other party was 100% at fault is important. Surveillance footage in personal injury cases can be especially helpful in clearing up questions about fault and preventing the other party from blaming you for the incident.
How Could Surveillance Footage Hurt Your Case?
Just as video can help prove your claim, it can also be used by the opposing side to discredit it. Insurance companies and defense attorneys often seek out surveillance footage in personal injury cases to look for inconsistencies in your story or to show that your injuries aren’t as severe as you claim. For example, if you say you’re unable to walk without mobility aids, but a private investigator records you jogging, this footage can seriously damage your credibility, even if the activity was taken out of context.
How Can You Get Surveillance Footage?
Time is of the essence when it comes to obtaining surveillance footage in personal injury cases. Many businesses and municipalities automatically delete or overwrite their video footage after a short period (sometimes in just 24 to 72 hours!). If you’ve been injured and believe there may be video evidence, your attorney can send a formal request or a preservation letter to the property owner or business. This helps ensure that the footage is not destroyed and may later be used in your case.
In some cases, it may be necessary to file a subpoena to obtain footage. This is just one of many reasons why having an experienced personal injury lawyer in Maryland is so important.
Contact Mobley & Brown, LLP for Help with Your Legal Needs
If you are looking to navigate the aftermath of an accident, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.
