The process for recovering traffic camera footage after an accident in Colorado depends on the camera’s location and which government entity owns it. The state operates some traffic cams, while local governments own others.
Traffic cameras can provide strong evidence of negligence in a motor vehicle accident, particularly when they happen in an intersection. The footage can show which driver had the right-of-way and whether any of the motorists violated traffic laws. In any case, the best option is to seek help from a Colorado car accident lawyer who can locate and request the traffic cam footage for you.
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Types of Traffic Cameras and Where to Obtain Their Footage
Local government entities operate most traffic cameras, and each has a different process for requesting and releasing footage. Unfortunately, most jurisdictions do not advertise a simple process for requesting traffic videos. Tracking down the right person in city or state government to obtain footage can be challenging, especially when time is of the essence.
This is where the support of legal counsel becomes so important. A Colorado personal injury attorney can pursue every avenue to secure any video evidence of your motor vehicle accident and determine if it will be useful to your insurance claim or lawsuit.
How Long Does the Government Keep Traffic Camera Footage?
While Colorado’s statute of limitations (CO. Rev. Stat. § 13-80-101) generally gives you up to three years to file a car accident lawsuit, you should not wait that long to contact a lawyer, as any available traffic camera footage will likely expire long before then.
There is no set amount of time a state or local government has to keep copies of traffic camera video footage. Every jurisdiction can decide how long to keep this footage and when to erase it. Some may keep it for several months, while others may delete it or record over it after just a few days.
The problem with a lack of any formal requirements is that some entities might choose to keep traffic camera footage for a limited time to save storage space. To ensure you can secure the footage for your personal injury claim, hiring an attorney to assist you immediately may be crucial.
In addition to dealing with the frustration of tracking down the right government office or employee to request videos from, a car accident attorney can also pursue a subpoena that orders the government to hand over the recording or avoid destroying it.
Can I Use Traffic Cam Footage in a Colorado Injury Case?
Video evidence is some of the strongest proof available in a personal injury claim or lawsuit. Instead of relying on the testimony of potentially unreliable witnesses, insurance company representatives or others can actually watch the accident happen and draw their own conclusions. This footage can also generally be used in a trial if necessary, and it can play a major role in injury settlements.
To be admissible, video evidence must be identified and authenticated. This means the owner or someone familiar with the video must testify that it has not been altered and correctly reflects the events as they happened.
Video of an accident may be valuable enough to push an insurance company to settle a claim instead of taking the risk of going to trial. When the video makes it clear that the defendant is at fault in the crash, their insurance carrier may be willing to make a reasonable settlement offer.
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Tell us about your case Other Useful Types of Video Evidence in an Auto Accident Claim
Traffic camera footage can be a vital piece of evidence in your personal injury case. Video allows anyone to see what happened for themselves instead of taking someone else’s word for it.
However, footage from a traffic camera is also not the only useful type of video available in many cases. Some of the types of useful video evidence could include:
Security Camera Footage
These days, many businesses and private residences have security cameras. When an accident occurs in the recording range of one of these cameras, it can provide an excellent vantage point to see how the crash happened.
The difficulty of securing this type of footage depends on a few factors. If an individual or business owns the footage, you might be able to obtain a copy just by asking them. However, they may have the right to refuse that request.
Cell Phone Camera Footage
While somewhat uncommon, a person operating the camera on their mobile device nearby may catch an accident in the background. In some situations, it may be obvious a crash is about to occur, and they may turn their camera toward it to capture the accident scene.
If someone’s cell phone captured your accident, you may be able to obtain the footage as evidence in your accident claim.
Dashboard Camera Footage
Some drivers in Colorado have cameras affixed to their dashboards. These cameras are always operating when a vehicle is moving, and they often catch vehicle collisions as they happen.
Because they are privately owned, you will need permission or a subpoena to access the footage. It is important to act quickly, as most cameras record over the footage frequently.
Talk to an Attorney About Getting Traffic Camera Footage in Colorado
If you are unsure how to get traffic cam footage after an accident in Colorado, your best option is to rely on an experienced attorney. Our legal team at Matlin Injury Law can help you develop the strongest possible case for financial compensation.
A winning case often relies on more than a video. You will need extensive evidence to prove your economic and non-economic damages, including medical bills, lost wages, property damage, and pain and suffering, among others. An attorney from our personal injury law firm can take the stress of investigating your crash off your shoulders, allowing you to focus on your health. Contact us today for a free consultation.
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