In personal injury cases, compelling evidence often makes the difference between a successful claim and a denied one. While eyewitness testimony and medical records are valuable, video evidence provides undeniable proof of what transpired. If you are pursuing a personal injury claim in New Jersey, understanding how to leverage video footage can significantly strengthen your case.

Why Video Evidence is a Game-Changer in Personal Injury Claims

Video footage is considered one of the most persuasive forms of evidence in legal disputes. Unlike witness statements, which can be subject to bias or fading memory, video provides a factual, time-stamped account of an incident. This type of evidence can be used to:

• Establish fault – Clearly showing who caused the accident.
• Refute false claims – Protecting against fabricated or exaggerated injuries.
• Showcase injury severity – Demonstrating the immediate impact of the incident on the victim.
• Strengthen credibility – A video account can validate your version of events, making it harder for insurers to dispute the claim.

In New Jersey, where comparative negligence laws apply, proving the degree of liability is vital. Under N.J.S.A. 2A:15-5.1, a plaintiff can only recover damages if they are found to be less than 50% responsible for the accident. Video evidence can help minimize any blame assigned to the victim.

Types of Video Evidence That Can Strengthen Your Case

There are various sources of video that may support a personal injury claim. Identifying and preserving these recordings can be instrumental in proving liability and damages.

1. Surveillance and Security Camera Footage

Many businesses, public areas, and residential neighborhoods have security cameras that capture daily activities. If your injury occurred in a store, parking lot, or workplace, requesting footage from nearby security cameras can provide clear evidence of negligence.

Tip: Businesses typically erase footage within days or weeks. Acting quickly to secure a copy is essential. Your attorney can send a formal preservation request to prevent deletion.

2. Dashcam and Traffic Camera Recordings

Car accident claims often benefit from footage obtained from:

• Dashcams – Some drivers install dashcams in their vehicles, recording real-time footage of incidents.
• Traffic cameras – Government-operated cameras at intersections and highways may have recorded the accident.

Obtaining traffic camera footage in New Jersey may require a subpoena, as many agencies do not release it without a formal legal request.

3. Smartphone and Bystander Videos

If a bystander captured your accident on video with their phone, obtaining their footage could be key to your claim.

Best Practices for Smartphone Video:

• Record the accident scene immediately, focusing on visible hazards.
• Capture different angles to show context.
• Narrate key details while filming, such as time, location, and injury descriptions.

4. Body Cameras and Police Footage

If law enforcement responded to the accident, their body camera or dashcam footage could serve as critical evidence. In New Jersey, you can request public records from law enforcement agencies under the Open Public Records Act (OPRA).

5. Medical and Rehabilitation Videos

Beyond proving liability, video footage documenting the impact of an injury can be persuasive. This includes:

• Videos of mobility struggles – Demonstrating physical limitations after an accident.
• Rehabilitation sessions – Showing the extensive therapy required for recovery.
• Daily challenges – Footage of routine tasks, like climbing stairs or getting in and out of bed, can illustrate the long-term effects of the injury.

Legal Considerations When Using Video Evidence

While video evidence is powerful, its admissibility depends on several legal factors.

Admissibility in New Jersey Courts

For video footage to be used in court, it must meet specific legal requirements:

• Authenticity – The footage must be unaltered and traceable to a reliable source.
• Relevance – The video must directly relate to the case and contribute to proving negligence or damages.
• Privacy Laws – New Jersey’s wiretapping laws prohibit recording conversations without consent. However, public video recordings (without audio) are generally permissible.

An attorney can review footage to ensure compliance with legal standards before submitting it as evidence.

How to Obtain and Preserve Video Evidence

Act Quickly to Secure Footage

Many businesses and government agencies delete video footage within days. Taking swift action can prevent the loss of valuable evidence.

Steps to take:

• Identify potential sources – Determine if nearby cameras may have captured the accident.
• Send a preservation letter – Attorneys can draft a formal request to prevent deletion.
• Download and back up copies – If you obtain footage, store multiple copies to avoid loss.

Use Video to Strengthen Negotiations

Insurance companies often dispute claims to minimize payouts. Presenting clear video evidence can pressure insurers to settle more favorably, as they may wish to avoid a courtroom battle when strong evidence exists.

Real-Life Examples of Video Evidence Winning Personal Injury Cases

Several personal injury cases have been won due to strong video evidence. For instance, in 2022, a New Jersey slip-and-fall case resulted in a six-figure settlement after security footage clearly showed a grocery store’s negligence in failing to clean up a spill. Similarly, dashcam footage has played a critical role in securing settlements in car accident claims.

Conclusion

Video evidence can be a powerful tool in a New Jersey personal injury claim, providing clear, indisputable proof that strengthens your case. Whether obtained from surveillance cameras, dashcams, or smartphone recordings, visual documentation can make a significant difference in establishing fault and securing fair compensation. To maximize its impact, it is essential to act quickly to secure footage, ensure its admissibility with the help of an attorney, and use it strategically in settlement negotiations.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New Jersey Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.