Can Traffic Camera Footage Be Used in a Kentucky Car Accident Claim?

Traffic camera footage is admissible as evidence in Kentucky car accident claims. Today, cameras and videos are everywhere. This includes red light cameras at intersections and security cameras in stores, office buildings and parking lots. Even if a traffic or security camera did not catch an incident, such as a car accident, someone’s smart phone likely did. In the event of a car accident claim, insurance companies will try to use footage captured at the time of the incident to prove or disprove liability.

However, just because it was on camera somewhere does not mean it is legal or admissible as evidence against you. If you were in a car accident and have concerns about surveillance footage, it is important to work with an experienced personal injury attorney who knows how to work with surveillance camera issues.

Types of Surveillance Video

Always consider the different potential sources of video where your accident occurred. If you’re unsure, look up the location on Google StreetView and consider all possibilities.

In order to obtain a copy of highway traffic cameras and red-light cameras, you will need the help of an attorney. These cameras deal with a number of public and private entities and have specific requirements when it comes to releasing footage. The department of transportation owns some highway traffic cameras, while the toll authority owns others. These cameras are more reliable and admissible in a car accident claim.

  • Private Business Surveillance Cameras

CCTV surveillance cameras located on private property (e.g., Walmart, gas station, etc.) can also capture car accident footage. However, private businesses have no obligation to provide this footage to you without a subpoena. Some businesses and larger stores have strict stipulations on how and when they share this video. These cameras can also be legally admissible in a car accident claim, so you should speak with an attorney for assistance obtaining the footage.

  • Dash Cams and Other Sources

Police departments equip their cruisers with dash cams, but personal dash cams are everywhere. If you are in an accident, it is helpful to ask any witnesses if they had a dashboard camera recording. It can be challenging to obtain police dashboard cams, but these are also legal and reliable. If you would like to see police dashboard evidence, act fast, otherwise recordings may no longer be available. Personal dash cams, on the other hand, can be cheap, low quality, and potentially illegal. These may not always be admissible in court.

Why Do Insurance Companies Use Surveillance Footage?

Insurance companies use surveillance video to prove or disprove liability. This is because the goal of insurance companies is to maximize the amount of payments they receive each year while minimizing losses paid out in claims. Insurance companies want to prove you were somewhat at fault. In some cases, with even one percent of responsibility, you will not be eligible for any compensation.

What Are My Risks?

Video surveillance can be scary. However, you can prevent the use of video surveillance at trial. If your lawyer can prove any of the following, the video may be inadmissible in court.

  • The video was illegally obtained.
  • The insurance company failed to disclose it would use the video.
  • The footage is not authentic.
  • The footage is not relevant to the accident or your injuries.

The lawyer who handles your car accident case should be up to date on the rules and regulations of using video surveillance footage. Be sure to hire a seasoned attorney in this area.