How To Obtain Traffic Camera Footage Of A Car Accident

Traffic cameras are video cameras mounted on poles or structures along freeways, highways, intersections, and other major roads. They constantly monitor traffic flow, providing real-time information to traffic management centers. These centers are staffed by employees who use the footage to identify bottlenecks and adjust traffic signals to optimize traffic movement. They can also be useful in times of traffic accidents.If you were injured in a car accident, traffic camera footage could provide an objective account of what happened, including the lead-up to the incident, the collision itself, and possibly even the aftermath. This video evidence can be especially helpful if the other driver disputes your version of events.

Now, you might be wondering how to obtain the traffic camera footage of your car accident. While submitting a request is a straightforward process, you might encounter some bumps along the way. In this situation, you might need the professional help of a car accident lawyer to recover the evidence for you.

How Do Traffic Cameras Work, And How Can They Be Helpful During Accidents?

Traffic cameras are generally positioned on the side of the road facing the intersection, where warning signs are also posted. When a vehicle drives through the stop bar and enters the intersection after the traffic light turns red, a red light camera detects the motion. It takes two images of the license plate as the vehicle passes through the intersection. On the other hand, a speed camera takes a picture of a vehicle’s license plate if it exceeds the posted speed limit by more than ten (10) mph.

During a traffic accident, footage taken by these traffic cameras can help substantiate whether, for instance, one of the vehicles involved violated traffic rules by speeding or beating the run light. In some cases, this crucial piece of evidence, along with a competent injury lawyer, can make all the difference in successfully resolving an injury claim and recovering fair compensation.

How To Get A Copy Of A Traffic Camera Recording Of A Car Accident

Here are the steps you need to take to get a copy of a traffic camera video recording after getting involved in a car accident:

Step 1: Identify The Time And Location Of The Accident

Your first step is to identify when and where the accident happened. Figure out which direction you were traveling before the accident since some intersections have multiple cameras facing different angles. Knowing when exactly the accident occurred is also crucial. Traffic cameras typically record footage in segments or blocks of time rather than as a continuous video. These segments could be every few minutes, every hour, or even in longer intervals, depending on the specific system in place.

Step 2: Identify The Source

Video evidence can come from government agencies, police departments, and other entities. Here’s a breakdown of some of the most common video footage sources:

Traffic Cameras

The California Department of Transportation (Caltrans) operates a large network of traffic cameras throughout the state. You can find a live map showing these cameras and their feeds on the Caltrans website. Generally, you cannot request footage directly from Caltrans. Their traffic cameras monitor traffic conditions and typically don’t record or archive the footage.

If you were injured in a traffic accident and need a copy of the footage for insurance or legal purposes, you can contact the law enforcement agency that responded to the scene. They might have access to the relevant footage. Better yet, consult a personal injury lawyer who can advise you on the best course of action and assist you with the request process.

Red Light Cameras

Authorized under California Vehicle Code Section 21455.5, red light cameras are triggered when a car runs the red light. They take a photo of the vehicle’s license plate and driver (if possible). If there was a red light camera near the accident scene, you may be able to request stills or footage for your case.

Look up the intersection where the accident occurred and find the agency responsible for the red light camera system. It might be the police department, the city government, or a private third-party company. Each one will have its own procedure for footage requests. For government agencies, it’s likely handled as a public records request. Search the agency’s website for information on their public records request process.

Speed Cameras

California recently implemented a pilot program for speed cameras in six cities: Los Angeles, Glendale, Long Beach, San Francisco, San Jose, and Oakland. These cameras specifically target areas around schools, high-injury intersections, and known street racing corridors. While they primarily aim to deter speeding and improve traffic safety, footage from these cameras could potentially be useful for your claim if speeding is a suspected cause.

Local law enforcement agencies are typically in charge of managing these cameras. Inquiries regarding traffic accidents and potential footage can be directed to the jurisdiction’s police department where the accident occurred.

Dashcam Footage

While there is no state law mandating police cruisers in California to have dashcams, many use it in their cars. Los Angeles, for instance, recently deployed an updated in-car camera system for its patrol cars. It’s common for police cars to have a forward-facing camera that captures the road ahead. Some departments might also have interior-facing cameras.

If you were involved in a motor vehicle accident where a police officer was present, there’s a chance their car’s dashcam captured the incident. If you exchanged information with the officer at the scene, you can try contacting them to inquire about the dashcam footage and how to request it. You and your car accident attorney can also file a public records request with the specific law enforcement agency.

Wondering how to get dashcam footage from police? 

The process of obtaining traffic camera footage after a car accident can differ based on the camera’s ownership and control. For cameras operated by state and local government entities, including traffic, red light, police dashcams, and bodycams, you need to contact the relevant government agency to request access to the footage. You might be entitled to receive these videos under public records laws or other relevant statutes.

To access police records related to the accident, contact agencies such as the California Highway Patrol (CHP) or the local law enforcement agencies that attended the scene. The CHP provides a resource on its website directing individuals to the correct portals for requesting police records, including traffic crash reports, incident and arrest reports, and criminal history records.

Other Sources Of Video Footage

Beyond the standard traffic camera footage, these video sources can also serve as invaluable evidence after an accident. For cameras owned privately, such as those in businesses, or personal devices like dashcams, helmet cams, or smartphones, you should directly approach the owner to request a copy of the footage. Legal measures may be required to secure the footage if they deny your request.

• Private Surveillance Systems — Many businesses and homes have security cameras facing streets or parking lots. These cameras can capture crucial details of an accident, including traffic light violations, improper turns, speeding vehicles, and the actual collision.
• Private Dashcam Footage — Personal vehicles, trucks, and delivery vans might also have dashcams installed.
• Smartphone Footage — These days, anyone can easily capture accidents with their smartphone cameras. You may ask eyewitnesses if they have taken a video of the accident and if they can send it to you.

Requesting a copy from these private entities might be a challenge to the average person. Not everyone would be willing to give out this information unless they are paid a huge sum. In this case, our car accident attorneys can negotiate with these parties to get you the missing evidence of your case.

Step 3: Request A Copy

Fill out a Freedom of Information Act (FOIA) request form and submit it to the relevant agencies. You can also send a written request via email, fax, or mail. The letter should describe in detail the records you need. You may also have to pay a small fee to get access to the video, but this depends on the agency that manages the cameras.

Unfortunately, obtaining private surveillance footage might be more difficult. Since these videos are private property, you have no legal right to them. You can talk to the property owner and request a copy, but they are not obliged to give it to you. Working with the authorities may give you a better chance of obtaining the footage, but that’s still not a guarantee. The most effective way to obtain the footage is to have it subpoenaed by your personal injury attorney in court.

Step 4: Verify The Footage

Once you have obtained the footage, review its quality and authenticity. Also, check how relevant the footage is to your case. Obstructed views, grainy footage, and an incomplete video might not help your case. In fact, it might damage your case more than help you. As a result, you might have to find other sources that can better convey what happened.

Frequently Asked Questions About Obtaining A Traffic Camera Footage Of A Car Accident

How Much Time Do You Have To Get Access To Your Video?

It’s important to request access to traffic camera footage as soon as possible. Often, there are time limits and retention policies for these videos. Some general factors affecting the timeline of which you can recover the footage of your accident include the time of request, storage guidelines, and any legal holds taking effect. Additionally, each jurisdiction may have its own time limits and retention policies. The best way to determine what laws and regulations you need to follow is to consult a car accident lawyer.

How Long Will My Request Take?

Generally, you will receive a response within ten (10) business days if you request traffic camera footage. You should request it as soon as possible since some transportation agencies only store traffic camera footage for a few days. Once they delete it, it’s gone for good.

Can Traffic Camera Footage Be Stored For A Long Time?

Most traffic cameras keep videos for 30 to 90 days before they are deleted or overwritten. However, some jurisdictions, such as Los Angeles, retain the videos for a maximum of five years.

In particular, video segments with recorded incidents are kept for at least 120 days or until the case is resolved if a legal hold is in place. A legal hold means that the responsible agencies, organizations, and other such parties must retain footage indefinitely during ongoing legal proceedings or investigations.

Can Certain Parties Refuse My Traffic Footage Request?

First, you should know that private individuals and businesses are not legally obligated to give you their video footage just because you ask for it. They own the footage, even if it shows events on public property.

The store can ignore your request unless some type of litigation is involved, whether criminal or civil. You should consult an injury attorney to determine whether you have a case and a written demand can be made in a timely manner to have the video preserved by the store. Some stores recycle videos, so they may no longer be available if you delay action. Contact an attorney experienced in personal injury in your area for legal advice.

Can A Third Party Request Surveillance Camera Footage?

If you have a legitimate need, such as for a criminal investigation or an insurance claim, and the local legal framework allows it, you might be able to request CCTV footage of someone else. The processes and requirements to file a request will vary according to the specific situation.

Video recordings from state and local government cameras, such as red light cameras, traffic cameras, police dashcams, and body cameras, may be obtained by requesting them from the appropriate government agency. You may be able to obtain these videos according to the public records retrieval laws or other laws and regulations.

What Should I Do If My Access To The Footage Is Denied?

Your request may be denied, especially when dealing with private individuals and businesses. If this happens, your injury attorney could submit a discovery demand, a public records petition, or have the footage subpoenaed to court.

Often, they will emphasize that the recordings do not infringe on privacy laws. They may also argue the necessity of the footage to prove your claim. If there is enough cause, the judge may intervene and have the footage submitted to the court.

When Can You Not Obtain A Traffic Camera Video Of A Car Accident?

You might not be able to access traffic camera footage for several reasons.

• Storage Limitations — Traffic camera footage is typically stored for a set period before being deleted or overwritten to make space for newer recordings. This means that if you request footage after a certain timeframe, it may no longer be available.
• Technical Malfunctions — Sometimes, technical issues with the camera or its storage device can lead to footage loss.
• Privacy Restrictions — Certain privacy laws may limit access to specific types of traffic camera footage.

Do insurance companies look at camera footage?

Yes! Insurance companies frequently use video surveillance after a car accident, particularly for high-stakes claims that involve significant damages or complex liability issues. These companies often initiate detailed investigations to assess the claim’s validity and scope. Part of this investigation typically involves visiting the accident scene to gather direct evidence and reviewing all available video footage.

This footage can come from various sources, including security cameras located near the accident scene, vehicle dashboard cameras installed, and traffic cameras monitoring the roads. Such video evidence can capture the accident and the driving behavior of the involved parties before the collision. Even if the footage doesn’t directly show the crash, it can still offer valuable insights into the drivers’ actions and conditions leading up to the accident, which can often be vital for insurance adjusters in determining fault and settling claims.

How Can A Traffic Camera Video Benefit Your Claim?

Obtaining traffic camera footage can help you build a stronger case in several ways:

• Provide A Clear Picture Of Events — Traffic camera footage provides a neutral, unbiased perspective of what happened. It can show the sequence of events leading up to the accident, including traffic light signals, vehicle speeds, and any possible violations by other drivers.
• Pinpoint Fault — In situations with conflicting stories, video evidence can be a powerful tool to establish fault. The footage can show factors like speeding, running a red light, or failing to yield. It can clearly demonstrate who had the right of way and whose actions directly caused the accident.
• Identify Details You Missed — You might not notice everything that happened after an accident. Traffic camera footage can reveal important details you might have overlooked, such as the presence of other vehicles involved, dangerous road conditions, or any other potential contributing factors.
• Support Injury Claims — Traffic camera footage by itself cannot directly prove the extent of your injuries after an accident. However, the footage can clearly demonstrate the force of the impact, which can help link the accident to your injuries. For instance, a video showing a high-speed collision followed by your car being spun or tossed is strong evidence that your whiplash, spinal cord injury, or traumatic brain injury was likely the result of the accident.

Perhaps the most valuable contribution of traffic camera footage comes in hit-and-run accidents. Traffic camera footage can help establish the identity of the driver who fled the scene. It can capture the vehicle’s make, model, color, and license plate number, providing crucial leads for law enforcement and helping track down the perpetrator.

What Other Evidence Do I Need For My Car Accident Case?

Your team of injury lawyers is experienced and skilled at gathering evidence and documentation to support your car accident claim. However, you, as the claimant, may also gather information to aid in the process.

Some of this information includes:

• A copy of the crash report — Police departments in most states are required to investigate accidents involving injuries. The investigating officer must prepare a crash report and provide it to the involved parties, insurers, and injury lawyers.
• Your employment information — Compensation for personal injury claims covers injury-related medical expenses and wage loss. To determine the value of your claim, your injury lawyer will need to know how much your hourly wage is, how much time you lost from work due to your injury, and whether your injury is permanent and will prevent you from working.
• Journals of your appointments, treatments, and the injury’s effects on your quality of life — The psychological and intangible effects of the injuries you suffered due to someone else’s negligence are also compensable.
• Medical bills, car repair bills, and other documentation of your incurred costs due to the accident — All these will form part of your claim for economic damages.

Do I Need A Lawyer To Obtain The Traffic Video Of My Car Accident?

It is not necessary to hire a personal injury lawyer to obtain traffic camera footage. You can request access directly from the agency. Nevertheless, it’s important to consider that hiring an injury lawyer to represent you will help you make informed decisions in the long run.

The chances of retrieving your car accident footage are higher if an acclaimed personal injury attorney requests it. Additionally, as mentioned above, they can assist you with obtaining a subpoena if necessary. Your car accident injury lawyer can also help you build a strong case to receive the maximum compensation you are entitled to. The bottom line is seeking legal help from a car accident attorney is highly recommended to access the traffic camera footage.

Need The Traffic Camera Footage From Your Accident? Contact Arash Law Now!

Obtaining a traffic camera is not a walk in the park. It can actually be confusing and time-consuming. Most of the time, there’s a lot of back and forth from one agency or department to another. That’s why it’s best to work with our personal injury lawyers handling car accident cases.

The legal team at Arash Law can help expedite the process of obtaining CCTV footage and other evidence to strengthen your claim. Our powerhouse car accident lawyers will protect your rights and hold all the responsible parties accountable. Get the maximum compensation you deserve. Call us today at (888) 488-1391!

Led by the esteemed Arash Khorsandi, Esq., our team provides excellent legal service throughout California, including Alhambra, Anaheim, Bakersfield, Beverly Hills, Coachella, Encino, Fresno, Glendale, Hesperia, Irvine, Lancaster, Long Beach, Malibu, Modesto, North Hollywood, Oakland, Palmdale, Salinas, Santa Clarita, Sherman Oaks, Stockton, Turlock, Victorville, West Covina, Butte County, Contra Costa County, Humboldt County, Kern County, Merced County, Nevada County, Plumas County, Stanislaus County, and Yuba County.