West Virginia has installed traffic cameras on various highways to help monitor traffic and provide crucial up-to-date information. However, these cameras might also be useful for car accident victims. The camera could record what happened and provide objective evidence of the crash. Can you get footage from traffic cameras, and what is the process? The West Virginia car accident lawyers at Kaufman & McPherson explain more. Contact us at any time to discuss an accident case.
How to Request Traffic Camera Footage for a West Virginia Accident
Here are the correct steps to take:
- Identify the location of the accident. Write down the location or look at the police report if you have forgotten where the accident happened.
- Check if there is a Department of Transportation camera at the intersection. You can use this website to search.
- Call the Department of Transportation’s Traffic Operations Center.
- Ask how you can request footage. Tell them the day and time of the accident.
Some websites recommend making a Freedom of Information Act request. However, that will take a very long time. The government deals with a backlog of these requests, so we do not recommend it.
Hire a Lawyer Instead
Trying to get traffic camera footage can be a frustrating experience. The state is not obligated to turn it over. Also, they might have erased it by the time you manage to call.
To make things easier, hire a lawyer to represent you. Our firm can do everything possible to find relevant evidence to use in your case. We can check if a DOT camera is located near the location of your accident. We might even visit the scene to double-check. If a camera is located nearby, we will do everything possible to locate the footage.
A lawyer can handle all legal work while you physically recover. There is no reason for injured motorists to spend hours tracking down evidence when a lawyer can do this for them. Focus on your recovery.
How We Use Traffic Camera Footage
This footage is very helpful for reconstructing an accident. Witnesses often tell conflicting stories, and both drivers might blame the other for a collision. Cameras provided incontrovertible proof of what happened.
We can rely on the camera footage for the following:
- Establish fault for an accident. To receive compensation, we need to show who is at fault for the accident. The camera footage might show a driver running a red light or turning directly in front of your vehicle. This footage might be all we need to pin the fault on the other driver.
- Disprove comparative negligence. West Virginia law prevents accident victims from receiving compensation if they are primarily responsible for an accident. (West Virginia Code § 55-7-13c.) The camera footage might show that you were following traffic laws, so you are not responsible in any way. That means you can increase the amount you receive in a settlement.
- Identify a hit-and-run driver. This footage can help us identify the motorist who crashed into you before fleeing. The camera should record the vehicle, which might be all we need. Clear photos will capture the license plate number. Once we identify the driver, we can bring a claim against their insurance.
We do not need camera footage to bring a successful claim, although it helps. We can use other evidence to establish fault, such as eyewitness testimony, skid marks, photographs of vehicles, and the driver’s admissions.
If you were struck by a hit-and-run driver, then you might claim your uninsured motorist insurance. This coverage can pay compensation for those hurt in a hit-and-run collision and can cover medical bills, lost wages, and other damages. A claim on this insurance might be the only option left if we cannot find the person who struck you.
Don’t Forget About Private Cameras
Although public cameras are helpful, more accidents rely on private security cameras that record the accident. Property owners install these cameras for safety reasons, and they are common at:
- Gas stations
- Big box stores
- Shopping malls
- Restaurants and bars
Imagine you are rear-ended by a car outside a gas station. The station’s camera probably recorded the accident. You should stop inside nearby businesses to check if they have security cameras. Alternatively, you can hire a lawyer to investigate for you.
DOT cameras are only good for accidents that happen near them. But many collisions happen in parking lots, on side streets, or distant stretches of the highway. In those situations, private security cameras are more likely to catch the crash.
You want to move fast. A private business might not hold onto the video footage forever. In fact, they might delete it or record over it within days. Stop in and ask them to preserve the video so you have proof.
The Usefulness of Dashcam Footage
Dashcams provide another source of video. Many drivers now have dashcams installed to help keep insurance costs low. You might have installed one, or another motorist could have a camera that recorded the accident.
Suppose someone rear-ends you. The DOT camera didn’t catch the accident, but a third person driving on the road did record the accident. We can ask to use their footage in your case.
When you gather evidence after a crash, be sure to ask witnesses if they have a dashcam. We can then seek to use their footage as part of your claim.
Contact a West Virginia Car Accident Lawyer
If you were injured in a traffic accident, call Kaufman & McPherson today. A lawyer from our office will discuss what happened and then strategize how to bring an accident claim. We can also discuss how to get traffic camera footage. We have decades of combined experience with West Virginia car accident cases, and injured victims deserve seasoned legal advocacy. Contact us today to schedule your free, confidential consultation if you were hurt in a crash in the 26330 zip code.
