How to obtain traffic camera footage of your car accident in Virginia

Road traffic control cctv cameras in the highway.

In Virginia, obtaining traffic camera footage of your car accident is both your right and a valuable resource. You can acquire this crucial evidence in various ways including  applications to local police offices, by making a request under Virginia’s Freedom of Information Act (FOIA), or by subpoena. An experienced car accident attorney  can handle the process for you. 

Understanding how to go about acquiring evidence might seem daunting. But with the proper guidance, you can secure the necessary footage to support your case. The skilled legal team at Marks & Harrison can help you obtain traffic camera footage to support your accident claim and pursue the compensation you deserve.

Are There Different Types of Traffic Camera Footage?

Several types of camera footage can provide valuable insights into traffic incidents, their causes, and who is responsible. These include:

  • Traffic cameras – These are cameras installed by the state or local authorities at intersections, highways, and other crucial traffic points. Because they continuously monitor traffic flow, they often capture accidents.
  • Surveillance cameras –Many businesses have surveillance cameras that capture footage of nearby streets and parking lots. These can be particularly useful in urban areas, shopping centers, or other places with high activity levels.
  • Residential cameras – Many homeowners have exterior security cameras or camera doorbell systems.
  • Dashcams on police vehicles – If a police vehicle was near the accident, its dashcam might have captured the incident.
  • Dashcams in private vehicles – Personal dashcams have become increasingly popular in the last few years. Another driver that was a witnesses to the accident may have a dashcam recording.
  • Cell phones – Today, many bystanders or passengers may capture an accident on their cell phones. These recordings can also serve as helpful evidence.
  • Police bodycams – The officer responding to your crash is unlikely to have captured footage of the actual accident. But their body cameras may record important details in the aftermath.
  • Social media – Sometimes video of car accidents winds up on social media platforms like YouTube, TikTok, Twitter, or Facebook.

Will Traffic Camera Footage Be Helpful for My Car Accident Case?

Traffic camera footage can play a pivotal role in car accident claims. It serves as an unbiased, factual record of the events leading up to, during, and after the crash. This type of evidence often holds immense weight in the legal process, as it can directly demonstrate the other party’s negligence. For instance, if the other driver was speeding, ran a red light, or committed another traffic violation, the camera footage can show this indisputably.

In addition, traffic camera footage can confirm the severity of the impact. It can show the force of the collision, the damage to the vehicles, and even the position of the vehicles post-impact. This tangible proof can provide a more accurate depiction of the accident’s severity than verbal descriptions or written reports alone.

The footage can also validate your account of the accident. Human memory can be unreliable, and the shock of an accident can further cloud recollections. However, traffic camera footage remains a permanent record of events, supporting your narrative and countering any attempts by the other party to dispute your version of events.

Visual evidence is one of the most effective ways to communicate the seriousness of an accident to an insurance adjuster or jury. People naturally respond to visual stimuli. Seeing the accident occur can cause a stronger reaction than simply hearing or reading about it. The viewer can then better understand your experience and the challenges you face due to the accident.

Consequently, traffic camera footage can significantly influence the compensation you receive. In many cases, injured parties receive fuller compensation packages when they provide traffic camera footage as part of their evidence. This comprehensive compensation can cover medical bills, property damage, lost wages, and other accident-related costs. Securing this footage can be a critical step in achieving the justice and compensation you deserve.

What Might the Video Footage Show?

Traffic camera footage can reveal several important details, including:

  • The actions of all drivers involved leading up to the collision, which can help determine which parties may be liable for the accident and its consequences
  • The point of impact and the immediate aftermath of the accident, which is a striking visual representation of what you endured in the crash
  • The traffic conditions and weather at the time of the accident, which might serve as additional indicators of the at-fault party’s negligent actions
  • Any potential witnesses in the area who can provide statements about aspects of the crash the video footage may not have captured
  • The make, model, color, and license plate of the at-fault driver’s vehicle, which can be particularly useful information in hit-and-run cases

While an investigation might be able to uncover some of these factors without video camera footage, having the footage can help the investigation run much more effectively and efficiently.

How Long Do Traffic Cameras Save Footage?

The retention period for traffic camera footage varies. In Virginia, it can range from a few daysto months, depending on the specific policies of the agency controlling the camera. Acting quickly to obtain the video after your accident is crucial to ensure the footage is not deleted or overwritten.

Will a Subpoena Be Required If the Video Footage Is from a Private Individual or a Third Party?

In many cases, a subpoena may be required to get footage. If the footage belongs to a private individual or third party, such as a business or bystander they may be willing to share it voluntarily. However, if not,  a subpoena compelling them to produce the footage may become necessary. While obtaining a subpoena can present challenges for most people, an experienced car accident attorney can handle this process for you.

Contact a Virginia Car Accident Lawyer

Car accident claims rely heavily on solid evidence, and video footage is one of the most crucial forms of evidence you can provide. If you have suffered injuries in a car accident in Virginia and need help obtaining crucial traffic camera footage, contact the legal team at Marks & Harrison. Our experienced attorneys can handle the process for you, working to ensure you get the evidence you need to strengthen your case. Contact us today for a free consultation to learn more about how we can help you.

Marks & Harrison was founded in 1911 by David A. Harrison, Jr. and has continued its practice uninterrupted since that time. For more than three generations our attorneys have represented the families of Virginia.