Lawyers frequently use video footage to prove the facts of personal injury cases in Georgia. If the footage clearly shows that someone else’s negligence led to your injury, it can make your case stronger. However, a video showing you were partly responsible for what happened might reduce the amount of money you can get. Whether a video makes you look good or bad, a Georgia personal injury attorney can analyze the footage for important context and gather additional evidence to strengthen your case.
What Types of Video Footage Might Be Used in My Personal Injury Claim?
Video footage is a powerful source of evidence that can significantly influence the outcome of a personal injury case. It can validate an injured party’s claim or disprove the opposing side’s arguments. This visual evidence can clearly show the circumstances and impact of an injury accident, making it easier for judges and juries to understand what happened.
Some examples of the types of video footage that lawyers often use as evidence in personal injury cases include:
- Surveillance camera footage – Businesses, homes, and public spaces frequently use surveillance cameras for security purposes. If someone slips and falls in a store, the surveillance video can demonstrate the conditions that led to the fall, such as a wet floor without a warning sign.
- Dashcam videos – Many drivers now use dashcams in their vehicles to record their journeys. In the case of a car accident, dashcam footage can show a driver’s behavior just before the collision, proving they were speeding, running red lights, or distracted.
- Body camera footage – Police officers and some other public service workers wear body cameras that record their interactions with the public. If law enforcement arrives at the scene of an incident, the footage from their body cameras can provide a first-person perspective of the aftermath. This can include the conditions of the accident site, statements made by the parties involved, and visible injuries.
- Cell phone videos – In today’s digital age, almost everyone has a smartphone capable of recording high-quality video, which can serve as valuable evidence in a personal injury claim. Cell phone videos can capture the conditions that led to an injury, how the injury occurred, and the immediate reactions and statements of those involved.
- Helmet and action camera footage – For accidents involving sports, recreational activities, motorcycles, and bicycles, footage from helmet-mounted or action cameras can provide useful evidence. These cameras capture a point-of-view (POV) perspective of the incident, showing what the wearer saw in the moments leading up to the injury.
Why Would Surveillance Footage Be Used in My Claim?
Surveillance footage can provide real, unedited evidence of what happened during an injury accident. It captures the events leading up to, during, and immediately following the incident, providing a factual and unbiased account of the circumstances that resulted in your injury. Lawyers use surveillance footage to support personal injury claims by showing exactly how an incident occurred, proving the other party’s liability, and establishing the cause of your injuries. Unlike witness statements, which can be inaccurate or influenced by personal biases, surveillance video offers a clear and unchanging record.
Can Surveillance Footage Affect My Personal Injury Claim?
Surveillance footage can have a major impact on your personal injury case, both positively and negatively. If the footage clearly proves that the other party was at fault for your injury, it could strengthen your case and increase your chances of getting fair compensation. However, if the video shows that you shared blame for what happened, it might reduce the amount of money you can receive. If the footage contradicts your account of the events, it could also damage your credibility and negatively affect your claim. It’s important to work with a knowledgeable lawyer who can approach video footage with a comprehensive strategy, anticipating how both sides might use it.
Is It Legal for the Other Party to Use Surveillance Footage Against Me in My Lawsuit?
It is entirely legal for the other party to use surveillance footage against you in your personal injury lawsuit. In the interest of a fair trial, the legal system allows both sides to present evidence that supports their version of events. If the opposing party obtains surveillance footage that they believe discredits your claim or supports their defense, they can use it in court. This is why being honest and open about the incident from the start is essential.
How Can My Georgia Personal Injury Lawyer Obtain Surveillance Footage to Support My Case?
Initially, your lawyer might directly request the footage from the owner or manager of the property where the incident occurred. This can be the quickest way to secure the video if they cooperate. However, if the property owners are reluctant to release the footage, your lawyer can use legal mechanisms to obtain it. This might involve filing a court order to mandate the release of the footage. Experienced personal injury lawyers understand the importance of getting evidence early and will act quickly before the footage is lost or destroyed.
What If the Footage Makes Me Look Bad?
If surveillance footage seems to show you negatively, don’t lose hope. Understand that a single piece of evidence, such as a video, doesn’t tell the whole story. Your attorney will review the footage in detail to identify any elements they can interpret in your favor or to find context that might explain or mitigate unflattering footage. They will also gather additional evidence, such as eyewitness testimony, to build a comprehensive case that represents the full scope of the incident. They can then anticipate and counter any negative interpretations of the footage by the opposing side.
Contact a Georgia Personal Injury Lawyer
If you’re concerned about how video footage could affect your Georgia personal injury claim, contact the legal team at Sherrod & Bernard, P.C. for a free consultation. We’re here to help you understand your options and seek the fair compensation you deserve.
