Stephen Hasner | Personal Injury | August 23, 2023
As you might expect, surveillance footage is one of the most powerful pieces of evidence in a personal injury claim. It clearly shows how an incident occurred, proves who was at fault, and documents the severity of the impact.
However, this same footage is also sometimes used by an insurance company to argue that you were partially to blame or that your injuries are not as serious as you claim. The key is to secure this evidence quickly and have a legal team that understands how to analyze it and build a case around it.
If you have a question about an injury in Georgia, call us at 678-888-HURT (4878).
Key Takeaways on Surveillance Footage in Georgia Injury Claims
- Act immediately to preserve video evidence. Most surveillance footage is automatically deleted within days, so we must send a legal preservation letter to the owner right away to prevent essential proof from disappearing.
- Video footage is a double-edged sword. While it helps prove the at-fault party’s negligence, insurance companies will analyze the same footage to argue you were partially to blame or that your injuries are not severe.
- Obtaining footage requires a formal legal process. Property owners are not obligated to give you video evidence, which is why a formal request or subpoena from a law firm is necessary to secure it for your claim.
How Video Evidence Strengthens Your Case
Unbiased and objective, video footage serves as a silent witness, telling the story of your injury without emotion or conflicting memory.
In a personal injury claim, you must prove three main things: that the other party was negligent, that their negligence caused your injury, and the extent of your damages. Video evidence could speak directly to each of these elements.
- Establishing Negligence: The footage might show a store employee ignoring a spill on the floor for an extended period before you slipped. In a car accident case, a traffic camera could capture a driver running a red light. This visual proof makes it difficult for the other party to deny their carelessness.
- Proving Causation: The defense may argue that your injury was pre-existing or happened some other way. Video of the incident (showing the force of the impact or the unnatural way your body moved) directly links the negligent act to the harm you suffered.
- Demonstrating Damages: The footage documents the immediate and obvious pain you were in after the incident. For example, it might show you unable to get up on your own, which counters a later claim that your injuries were minor. It is also a powerful tool in personal injury settlement negotiations, as clear evidence encourages parties to settle rather than risk a trial. A large percentage of commercial slip-and-fall claims now involve some form of video evidence.
How to Find Out If Surveillance Footage Exists (And How We Help)
Most people don’t realize how much surveillance footage is captured in the average Georgia neighborhood or commercial area. But just because a camera might have recorded the incident doesn’t mean the footage will surface on its own. Identifying what cameras exist and how to legally request their footage is one of the most important steps we take early in your case.
Common Sources of Video We Investigate
- Nearby Businesses: Stores, gas stations, offices, and banks often have cameras pointed toward sidewalks, driveways, or roads. Even if the camera didn’t capture the exact moment of the injury, it may show you before or after the incident—evidence that can support your timeline or rebut a claim that your injuries are exaggerated.
- Private Homes: More homeowners now use doorbell cameras like Ring or Nest. These can be incredibly valuable, especially for accidents on residential streets or sidewalks. We canvas the area and request access when needed.
- Traffic or Intersection Cameras: Municipalities sometimes operate cameras at busy intersections. These are rarely stored for long and often require a public records request or subpoena.
- Public Transit and Parking Decks: MARTA buses, parking structures, and city-owned lots often record 24/7. But unless a formal request is sent, that footage may be overwritten quickly.
- Commercial Vehicles and Delivery Fleets: Amazon, FedEx, and other delivery vehicles often use dash cams. If a commercial driver was involved, we investigate whether any vehicle-mounted footage exists.
- Nearby Witnesses: In some cases, bystanders record the aftermath of an incident on their phones. We look for social media posts, tag locations, or scan news reports that may lead us to helpful footage.
Why Early Action Is So Important
Owners of security systems are under no obligation to retain video unless properly notified. That’s why one of the first steps we take is identifying potential camera sources and sending formal spoliation letters—legal notices that require the recipient to preserve all relevant footage. If we wait, the system may automatically overwrite it.
Even if you’re not sure where the camera might be, call us. Our legal team has the tools and procedures to investigate quickly, document where cameras are located, and move to preserve the footage before it disappears. This early legwork is often what makes or breaks a personal injury claim.
How an Insurance Company Might Use Footage Against You
Do not assume that all video footage will automatically help your case. Insurance companies employ investigators to analyze footage frame by frame, looking for any detail that could reduce the value of your claim.
Their investigation isn’t limited to the moments of the incident. They may also look for footage from the days or weeks following your injury, sometimes through private investigators or by scouring your social media accounts. Here’s what they are looking for:
- Evidence of Comparative Fault: They will examine your actions leading up to the incident. Were you looking at your phone? Did you appear to be in a hurry? In Georgia, if you are found to be 50% or more at fault for your accident, you are barred from recovering any compensation. They will use any evidence they find to shift blame onto you.
- Inconsistencies in Your Statement: They will compare the video to what you told them about the accident and your injuries. If you said you were in excruciating pain but the video shows you walking away from the scene with less obvious difficulty, they will use that discrepancy to question your credibility.
- Minimizing Your Injuries: If you told your doctor you cannot lift heavy objects, but a private investigator’s video or a social media post shows you carrying groceries, they will argue you are exaggerating your limitations. This tactic is common, and many contested personal injury claims involve this kind of surveillance evidence.
You want a team on your side that anticipates these tactics. Our Atlanta personal injury attorneys review footage with a critical eye, identifying potential issues before the insurance company uses them against you. We prepare you for questions they might ask and build a narrative that adds context to what the video shows. For instance, the video may not show the pain that flares up hours later or the cumulative effect of your injuries over time.
Do not speak to an insurance adjuster about video footage before you have consulted an attorney. Anything you say may be misinterpreted. Instead, let our team at Hasner Law PC handle all communications.
What It Costs to Secure and Analyze Surveillance Footage (And Why It’s Worth It)
In most cases, the footage is owned by a third party, like a business, government agency, or private individual, and getting access often requires legal work, time, and professional analysis. At Hasner Law PC, we handle all these steps for you so that the cost doesn’t stand between you and the evidence you need.
Costs of Obtaining Surveillance Footage
While the footage itself may be digital, the process of retrieving it involves real-world costs:
- Administrative Fees from Property Owners: Many businesses charge a retrieval fee for time spent locating, reviewing, and copying video. This can range from $50 to several hundred dollars, depending on the system and timeframe.
- Subpoena or Public Records Requests: When the owner refuses to voluntarily release footage, we file a subpoena or use the Georgia Open Records Act to formally compel its release. These processes involve legal filing costs and service fees.
- Rush or Emergency Requests: If footage is at risk of being overwritten, we often pay expedited processing fees to ensure it’s preserved in time.
We front these costs as part of building your case. You pay nothing upfront.
Video Enhancement and Technical Analysis
Even if we secure footage, raw video isn’t always perfect. Poor lighting, bad angles, or low resolution can make the video hard to interpret. In those cases, we work with experts:
- Forensic Video Analysts: These professionals clarify blurry or dark footage, isolate key frames, and even stabilize shaky camera angles to make the evidence easier to present in court or settlement negotiations.
- Timecode Synchronization: Sometimes footage from multiple cameras must be synced to create a full picture. This technical work ensures accuracy when reconstructing an incident.
- Secure Chain of Custody: To ensure the footage is admissible in court, it must be handled correctly from the moment we receive it. We document every step to prevent any challenges to the evidence.
FAQ: Your Questions About Surveillance Footage Answered
Can I get the surveillance footage myself?
While you may ask, a business or property owner has no legal obligation to give the footage to you. They are much more likely to respond to a formal request from a law firm. In some cases, a subpoena may be required to obtain the video, which is a legal step we take.
What if the video quality is poor?
Even grainy or unclear footage is useful. It might establish the time of the incident, the presence of witnesses, or the general sequence of events. We also sometimes use forensic video enhancement experts to clarify important details.
Does Georgia law say anything about being recorded without my consent?
Yes. Georgia’s law, O.C.G.A. § 16-11-62, prohibits recording someone in a “private place” without their consent. However, in public areas or on commercial property where you do not have a reasonable expectation of privacy, surveillance is generally permissible and the footage is admissible in court.
What happens if the footage has already been deleted?
If the footage was deleted as part of a routine, automatic process before a preservation request was made, it may simply be lost. However, if the owner destroyed the footage after receiving our preservation letter, we file a motion with the court. A judge may sanction the at-fault party or instruct the jury that they may assume the lost evidence would have been unfavorable to them.
Let Hasner Law PC Secure the Evidence and Protect Your Claim
Don’t let video evidence become a tool used against you. The other side has a process for collecting and analyzing footage to protect their own financial interests; you need a team dedicated to protecting yours.
We understand the tight deadlines and the specific legal steps required to secure video evidence before it’s gone. We handle the entire process so you focus on your recovery.
Your story deserves to be seen and heard in its entirety. Call Hasner Law PC today for a free case review and let us take the next step for you.
Contact us at 678-888-HURT (4878).
