Video Evidence and Your Injury Case

Friday, May 20, 2016

Video Evidence and Your Injury Case

Written by Malman Law, reviewed by Steve J. Malman.

A few years ago, video cameras were not a common fixture in public places. But today, when an injury or wrongful death occurs, the first thing investigators look for is video footage. These video recordings come from a variety of sources, and can help establish injuries – even negligence. Today, video recordings are used in personal injury claims, and can come from storefronts, cellphones, and even personal devices. One of the items on a checklist for a personal injury case is searching for any relevant video recordings, as well as still photographs from a variety of sources – because they can help prove your case.

What Types of Video Evidence Can Be Used?

Videos can show everything from hazardous conditions to motor vehicle collisions to police brutality to even a slip and fall accident. Just some types of video evidence collected in injury and wrongful death cases include:

1. Police Dashcam Videos – These record police officer activity, but also the activity of the individuals’ with whom police are interacting. It records what is said, what is done, etc.
2. Police Bodycam Videos – Police officers can use their bodycam footage to help corroborate and save them from false accusations. They can also be used to capture admittance of guilt from individuals in car accident cases.
3. Truck and Bus Cameras – Today, commercial vehicles are often equipped with Drivecam, or similar video recording units. These capture what happens inside the bus or truck cab. Similar to store security cameras, they can help protect the company and drivers from allegations – or prove liability in injury cases. For example, if a bus driver was texting while driving, and caused a serious accident, this would be captured on the Drivecam inside of the bus.
4. Security Surveillance Video – These are especially helpful in slip and fall cases, car accident claims, and premise liability cases. With the right footage, the plaintiff can eliminate all potential defenses of liability from the defense team. At the same time, these videos can be used by attorneys to assess the validity of their client’s claims – and help them decide if a case is worth pursuing.
5. Outside Security Cameras – These can help capture acts of violence, car accidents, and even premise liability claims. Urban areas are blanketed with exterior security cameras, and almost every retail location that you visit today will have some sort of outdoor surveillance system in place.
6. Public Safety Cameras – These are installed by city governments and, sometimes, the Department of Homeland Security. They tend to capture public areas, such as airports, parks, national transportation infrastructures, etc.
7. Camera Phones – Camera phones are often used at the scene of car accidents. Witnesses may use them to take pictures or videos of accident scenes, and they can be used in investigations to help establish liability.

The only downside to video technology being readily available is that juries may expect to see some sort of video evidence at every injury case. Sometimes there is video footage, but there are still times when video evidence is not available. The absence of video evidence, however, does not mean that the plaintiff has fabricated his or her claim; instead, other evidence will be presented, which proves that the injury did occur.

Contact a Personal Injury Attorney in Chicago Regarding Your Case

If you have been seriously injured in a slip and fall, you may be entitled to compensation. Contact the Chicago injury team at Malman Law for a free consultation. We can look for applicable video evidence to help establish your case. Schedule your appointment; fill out our online contact form with your legal questions.