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Video Surveillance Footage Evidence in a Personal Injury Case

Posted on in Personal Injury

b2ap3_thumbnail_video-camera_20170125-144023_1.jpgIn today’s world, most businesses - from gas stations to department stores - have video cameras recording the premises. Also, with so many people owning smartphones, people are able to video record at any time. Given that video recording is more commonplace, videos are increasingly playing a larger part in personal injury cases. Many times this can help an accident victim, but it can also hurt the case of someone bringing suit.

Video Footage Can Help Your Case

Video footage of your accident typically helps your case. Video footage is more powerful than testimony. If there is no video footage, a jury or judge will have to listen to eyewitnesses testify about how the accident occurred. Video footage can show the jury or judge exactly what transpired and can show how traumatic your accident was.

In addition to painting a better picture, video footage can help prove your case. One of the hardest elements to prove in a slip and fall case is that the business or property owner was aware or should have been aware of the dangerous condition that caused you to fall.

For example, if you fell due to a spill on a grocery aisle, video footage could show how long the liquid was on the floor. It could also show who caused the spill. These are important details to a slip and fall case that can be hard to prove.

Video footage that can help your case can also be gathered in the immediate aftermath of the accident. For example, if you fell due to a dangerous condition, by taking a video of the scene including what you slipped on you could also help your case.

The same holds true for the aftermath of a car accident scene or any other accident. Video footage can also document your injuries and condition following an accident.

Video Footage Can Hurt Your Case

On the other hand, some accident victims find that certain video footage can hurt their case. Sometimes the person who is accused of being liable for the injuries will hire a private investigator to follow the accident victim.

The investigator’s goal is to record you taking part in physical activity that would tend to prove that you are not as hurt as you claim. While there are ways to defend against these tapes, juries typically are swayed by this footage.

Contact a San Jose Personal Injury Attorney

If you have been injured in an accident and believe that there may be footage of your accident on a business’ security camera, it is critical that you contact an attorney right away. Many stores have a company policy that such footage is taped over within days if there is no pending request for the video. Contact the experienced San Jose personal injury lawyers at Jachimowicz Law Group, Attorneys at Law, Inc. by calling 408-246-5500 for a free initial consultation.

 

Source:

http://www.pewinternet.org/2015/10/29/technology-device-ownership-2015/

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