Even though I have over 20 years of experience as a Spartanburg, South Carolina car, trucking, and motorcycle accident attorney, I'm always on the lookout for any unique, creative way to help my clients. I wanted to tell you about one I've come across: using surveillance video in South Carolina car accident cases.
While it may be rare, surveillance video can make or break a car accident case. I've had the opportunity to use it at least twice, which I'll tell you about.
If you have any questions about a South Carolina car accident case, call toll-free at 888-230-1841 or fill out a Get Help Now form.
How Can Surveillance Video Help or Hurt a South Carolina Car or Motorcycle Accident Case?
Nothing illustrates a point like real-life experience. Here are a couple of cases I had involving surveillance video that taped a car or a motorcycle accident in real time.
- How it can help. I had a client who sustained massive spinal injuries when he got hit turning left at a busy intersection in Greenville. His case looked bleak because the police found him at fault for the crash. That didn't scare me off because I've won cases where the police found my client at fault.
In this case, the single most important witness was a video surveillance camera at an oil change business at the intersection. Right after the crash, the manager charged out, telling police he had the footage. For reasons I will never understand, the police weren't interested.
Luckily, my client's family found out about the video. We got a copy of it. It plainly showed my client lawfully entering the intersection on the left turn. The other driver could be seen flying up to the intersection, failing to yield the right of way to my client, causing the T-bone collision.
When presented with the video and my analysis of it, plus some statements I got from witnesses who actually saw it, no insurance company contested fault. We settled for the maximum available insurance limits.
- How it can hurt. I got retained in a tragic wrongful death motorcycle accident case. We obtained video surveillance from several businesses lining the road where the collision occurred. It basically traced the path of the motorcycle rider who sadly passed away from the crash. Unfortunately, it showed him riding at an extremely high speed up to and during the crash. The video conclusively established the other driver was not at fault, ending the case.
I can still say it helped my client, the rider's wife. We got the video before we filed a lawsuit, which would have dragged her into the litigation process. While it wasn't the outcome we wanted, she did get closure without repeatedly having to relive that awful event or get questioned extensively about its effect on her life.
If you're wondering if surveillance video can help your South Carolina car accident case, get your questions answered in a free, no-pressure strategy session with a Spartanburg, SC car accident attorney. Call toll-free at 888-230-1841.
How Can Surveillance Video Capture a Wreck?
Businesses monitor the outside of their buildings for security or proof their employees are doing their jobs. Cameras generally focus on the immediate exterior of a building and maybe the parking lot. Still, these cameras can video the road where accidents happen.
If a South Carolina car, truck, or motorcycle accident occurs on a street lined with businesses, there's a good chance surveillance video exists to give you a shot at real-time footage of the crash. You might even get video of the vehicles driving up to the scene. If those videos show the at-fault driver recklessly driving, weaving through traffic at a high rate of speed, it can strengthen your claim for punitive damages.
How Can I Get Surveillance Video of a Car Accident Around Spartanburg, South Carolina?
It'll likely take digging, and you may run into dead ends. But if you've been seriously hurt in a Spartanburg, South Carolina car accident or anywhere nearby, this can be evidence worth finding.
And you will have to find it. Don't expect any business to volunteer it. Know this: if you're seriously hurt, you've got a lot to lose by not doing this right, and the best way to do it right is to get some advice from an experienced Spartanburg, South Carolina auto accident attorney. Call toll-free at 888-230-1841.
Here's how to get surveillance video of your South Carolina car accident:
- The first thing: find potential cameras. This is easy. Don't overthink it. Assume every business lining the street around where the crash occurred has cameras. You can go personally to request the video, but make sure you follow the instructions below anyway. Get the name and address of the business and the manager's name. If you hire a car accident attorney, the attorney will handle this for you and should be able to get it done right. The attorney may even send an investigator to do this for you.
- The main thing: ask the RIGHT way. You need to ask:
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- Immediately. Request the video before it gets taped over, which could happen in as little as 48 hours or even less.
- In writing. This way, you have proof of your request.
- For the right time frame. You want video from the date of the crash from about an hour before to an hour after the time of the crash. You ask for a wide range of time just in case someone's wrong about the time of the crash. Understand this: it could be you, or it could be the video timer.
This is more than just a polite request. It's a legal tactic called a “spoliation letter.” It instructs the business not to destroy the video because it's critical evidence in a potential lawsuit. You've got to do this because they may say no when you ask for it. If the business says no to your video request, you need to file a lawsuit and order them to give it to you under a subpoena.
When You Get the Video, Use It the Right Way. A Professional Can Make Sure You Do.
When you get the video, you've got to find the meaning of it. That means figuring out its legal implications- how it helps or hurts your case and how to use it. If you're seriously hurt, you need the help of an experienced South Carolina car accident attorney. You've got a lot to lose. You're staring down a multi-billion-dollar insurance company loaded with claims experts who have attorneys at the ready.
Here's what I do with surveillance video as an experienced Spartanburg, South Carolina car and motorcycle accident attorney:
- Honestly assess the video’s impact. If you got faulted by the police, it may prove your innocence. But you've still got to convince a hard-nosed insurance company that's dead set on cheating you out of money and has a police report to justify it. Let me assure you, they will not pay a penny without a convincing presentation, leaving them with no real choice but to pay you a settlement. It requires a professional to craft the argument and present it effectively. I've got the courage to talk about hard things with my people. Sadly, it may prove you're at fault. But if you get a trustworthy legal opinion, you can sleep at night knowing you did all you could to protect your rights.
- Figure out the video’s meaning in your case. A skilled attorney knows how to use the video to tell the full story of the crash. It could be the video shows undisputable proof you're innocent. It could be the crash is far more violent in real time than it looks on a police report. If the video shows the at-fault driver wildly driving or blatantly speeding, it can be powerful support for punitive damages. How it fits into your case is a question best left to a legal technician and talented storyteller, which is what experienced South Carolina car motorcycle accident attorneys are.
- Determine the best way to present it to the insurance company. You don't just give the video to the insurance company adjuster and say, “Here it is, pay me.” You've got to tell the adjuster what it means so they know you know. Here's where a good attorney can shine as a storyteller. The video has to be analyzed and broken down in a thorough summary to convince the insurance company how it fits into the reasons why they should pay you a fair settlement.
It's amazing how a little video that may last just a few seconds can make a monumental difference in your case. If you're seriously hurt, don't risk missing the video or its meaning because that could cost you a good settlement.
I can help you. I’m an experienced Spartanburg, South Carolina car, truck, and motorcycle accident lawyer. Call me toll-free at 888-230-1841 for a FREE, NO PRESSURE strategy session we work to make easy on you.
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