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Using Video Evidence to Win a Personal Injury Claim - The Eberst Law Firm Florida Attorney

Video evidence is both compelling and reliable, as it can’t be questioned. Most often, what you see in video evidence is undeniable. If the at-fault party has previously denied fault or even denied that the accident occurred at all, video evidence can easily prove them wrong.

There are plenty of cameras out there that are constantly recording, meaning that it’s always possible to have your accident captured on tape without you even realizing it. Footage can be deleted, so it’s essential that your attorney contacts anyone in the area who might have had a video of the accident before it’s too late.

Types of Video Footage Commonly Used in Personal Injury Cases

Various types of cameras are constantly rolling and may happen to catch your accident, including:

  • Dashcams: Some vehicles come with built-in dashcams, so your vehicle may have captured the car accident as it occurred.
  • Law enforcement: Frequently, local law enforcement will have video cameras set up around the city for the sole purpose of catching accidents and crimes.
  • Indoor or outdoor security cameras: Most businesses have the security of some kind, either outdoor, indoor, or both. If there were any businesses near the scene of your car accident, you might be able to recover video footage from them. Home security cameras could also catch an accident.
  • Traffic cameras: Traffic cameras are constantly rolling, trying to catch people running red lights. Not only can they see an accident if it occurs near an intersection, but they’ll be able to tell you whether or not a party ran a red light, which could prove their negligence.
  • Witnesses’ phones: In rare circumstances, an accident could be caught on the phone of a bystander. As car accidents often happen without any forewarning, personal phones aren’t usually used for video evidence. However, in the case of medical malpractice cases, nursing home abuse, and other more personal cases, video from personal phones may be used.

What types of personal injury incidents can video evidence help win?

Video surveillance footage can help strengthen any personal injury case, from motor vehicle accidents to slip and falls. When an act of negligence is caught on camera, it’s hard to argue against it.

Motor Vehicle Accidents

In a car, truck, or motorcycle accident, video footage may be able to show the liable party speeding, running a red light, texting, drifting into another lane, or otherwise driving with negligence.

Most commercial trucks have dashcams, as they transport thousands of dollars of merchandise around the country. In the case that a truck driver is at fault for their accident, it will likely be caught by the dashcam.

Bicycle and Pedestrian Accidents

If you have a bicycle or pedestrian accident claim, traffic cameras, dash cameras, video surveillance footage, and security cameras can help to prove someone else’s negligence. For example, a driver may claim that they came to a full stop before a crosswalk or stop sign. However, you may be able to prove that they’re lying by looking at camera footage of the accident. 

Slips, Trips, and Falls

Slips, trips, and falls most often occur inside of businesses. These could be due to messes that haven’t been cleaned up or in parking lots because of parking lot hazards. In these cases, the footage was likely captured by the company who’s at fault for your injuries.

Video will clearly show how the accident occurred and for what reason. However, this footage must be procured before the company deletes it.

Medical Malpractice

Proving medical malpractice is famously hard. Doctors are seen as trustworthy, so juries are often persuaded to their side simply because they’re doctors. If you’re being mistreated by a doctor, it’s a good idea to record a video. In Florida, your doctor must be aware that you’re recording, so it may be tricky to get good evidence. However, if you’re recording, you’ll be able to catch any suspected negligence or prevent it.

Nursing Home Abuse

Video footage is used similarly in nursing home abuse cases as it is in medical malpractice cases. Nursing homes may have cameras up that could capture evidence, but it’s unlikely. You may want to try recording footage of your family member’s treatment. Documenting nursing home abuse with solid evidence will almost certainly guarantee that you can get justice for your loved one’s abuse. Letting nursing home attendants know that you’re filming is also a good way to prevent abuse from occurring altogether.

What to do if you’re injured in a personal injury incident?

If you’ve experienced personal injury, there are a few steps you should follow after the accident.

  1. First, you should make sure that everyone involved is okay and doesn’t require emergency medical attention. You should then contact the police to start filing a police report. This really only applies to certain incidents, such as a car accident or other motor vehicle accident.
  2. You should gather information from everyone involved in the accident. For example, drivers, shop owners, doctors, nursing home attendants, and anyone else who may have played a part in causing the accident.
  3. You should take pictures and document as much evidence as you can while still at the accident scene. Look for any cameras or any places that may have cameras and make notes of them.
  4. Once you leave the scene, receive medical attention (except for in the case of medical malpractice). You should seek medical attention even if you don’t believe that you’re injured.
  5. Before you file a claim with your insurance company, you should contact a personal injury attorney to discuss your legal options. Speaking to an attorney first can help prevent damage to your case. Insurance companies will likely try to get you to sign away your ability to file in exchange for a quick and low settlement offer.

Damages in a Personal Injury Case

After your personal injury accident, you could be left with severe and devastating injuries, such as traumatic brain injury or spinal cord injuries. These accidents can leave the victim with high medical bills and a huge change to their quality of life.

You can receive compensation for both economic and non-economic damages. Economic damages include medical bills and lost wages. Non-economic damages cover non-monetary losses like pain and suffering and loss of earning capacity.

Contact a Florida Personal Injury Attorney to Represent Your Injury Claim

If you or someone you love has been injured in a personal injury accident, please contact a personal injury attorney at The Eberst Law Firm for help with your personal injury claim.

Your personal injury claim is important to us. We’ll do everything within our power to help ensure that you get the settlement you deserve. For more information or a free case evaluation, please contact us online or at 386-224-6544.