How Surveillance Footage Can Impact Florida Personal Injury Cases

Introduction

Surveillance cameras are everywhere—in businesses, parking lots, traffic intersections, and even private residences. When an accident occurs, surveillance footage can provide crucial evidence in a personal injury case by showing exactly what happened. However, obtaining and using surveillance video is not always straightforward.

This guide explains how surveillance footage can impact personal injury claims in Florida, how to obtain video evidence, and what legal challenges may arise when using recorded footage.

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Why Surveillance Footage Is Important in Personal Injury Cases

Surveillance footage is valuable because it provides an unbiased, real-time record of an accident. This can help injury victims by:

• Establishing liability by showing who was at fault in an accident.
• Confirming the severity of an impact in car crashes.
• Proving hazardous conditions in slip and fall cases.
• Disputing false claims made by the at-fault party or their insurance company.
• Preventing insurance adjusters from minimizing or denying a claim.

Without video evidence, personal injury cases often rely on witness testimony, accident reports, and expert opinions, which may be subject to interpretation.

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Types of Surveillance Footage Used in Personal Injury Cases

Surveillance footage can come from a variety of sources, including:

Traffic Cameras

Many intersections in Florida have traffic cameras that capture footage of accidents. These videos can show traffic light violations, speeding, or improper lane changes that contribute to a crash.

Business Security Cameras

Retail stores, restaurants, and office buildings often have security cameras that monitor parking lots, entrances, and common areas. If an injury occurs on commercial property, this footage can provide clear evidence of hazardous conditions.

Dashcams and Body Cameras

Dashcam footage from private vehicles can be used in car accident claims. Law enforcement officers may also have body cameras that capture evidence from the scene.

Home Security Systems and Doorbell Cameras

Many homeowners use security cameras or smart doorbells that record footage. If an accident happens near a residential property, this footage may help support a claim.

Workplace Surveillance

For work-related injuries, surveillance footage from an employer’s security system can show how the accident occurred and whether workplace safety protocols were followed.

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How to Obtain Surveillance Footage for a Personal Injury Case

Securing surveillance footage can be challenging because businesses, private owners, and government agencies may not release it without a formal request. Here are the steps to take:

1. Identify Potential Sources
   Determine where the incident occurred and locate nearby security cameras that may have recorded the accident.
2. Act Quickly
   Many surveillance systems automatically delete footage after a short period, sometimes within days or weeks. Request the footage as soon as possible to avoid losing critical evidence.
3. Request the Footage Directly
   If the footage belongs to a private business or homeowner, ask the owner if they are willing to provide a copy. Some businesses may release footage voluntarily, while others may require legal action.
4. File a Formal Legal Request
   If a business or agency refuses to release footage, an attorney can send a formal preservation letter or subpoena to ensure the evidence is not deleted or altered.
5. Check Public Records
   Traffic camera footage may be available through local or state government agencies. Requesting access to these records may require filing a public records request.

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Challenges in Using Surveillance Footage as Evidence

Although surveillance footage can strengthen a personal injury case, there are potential legal and practical challenges to consider:

• Footage May Be Deleted Before It Can Be Retrieved – Many surveillance systems automatically overwrite recordings after a set period, making it critical to act quickly.
• Businesses or Private Owners May Refuse to Cooperate – Some property owners may be unwilling to release footage if they believe it could harm their legal interests.
• Video Quality or Angles May Be Poor – Some recordings may be too blurry or obstructed to provide clear evidence.
• Editing or Tampering Allegations – If footage has been altered or cut, it may be challenged in court.

An experienced personal injury attorney can help address these challenges by filing legal motions to obtain and authenticate surveillance footage.

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What to Do If Surveillance Footage Works Against Your Claim

Insurance companies and opposing parties may use surveillance footage to challenge an injury claim. They may:

• Use video taken after the accident to argue that the victim’s injuries are not as severe as claimed.
• Show conflicting footage to dispute how the accident occurred.
• Take video clips out of context to minimize liability.

If surveillance footage appears to weaken a case, an attorney can:

• Provide additional evidence, such as medical records and witness statements, to clarify the situation.
• Challenge the authenticity of misleading footage.
• Demonstrate that a brief video clip does not accurately represent the full extent of the injuries.

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How a Personal Injury Attorney Can Help

An experienced personal injury attorney can:

• Investigate whether surveillance footage exists and take legal action to preserve it.
• File subpoenas to obtain video recordings that businesses or agencies refuse to release.
• Work with experts to analyze and authenticate video evidence.
• Use footage to negotiate a stronger settlement or present compelling evidence in court.

At Bonderud Law, we help injury victims gather the strongest possible evidence for their claims. If you believe surveillance footage could help or harm your case, contact us today for a free consultation.

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Conclusion

Surveillance footage can be a powerful tool in Florida personal injury cases, providing clear evidence of how an accident occurred. However, obtaining and using this evidence requires quick action, legal knowledge, and careful handling.

If you were injured and believe video footage may support your claim, working with an attorney can help ensure the evidence is secured and used effectively to protect your rights.