How to Use Video to Win a Personal Injury Claim in New Jersey

In the aftermath of an accident, gathering strong evidence can be the difference between winning and losing a personal injury claim. In New Jersey, video evidence has become critical in proving fault, illustrating negligence, and securing fair compensation for victims. 

But how can video evidence strengthen your case? What types of footage are most useful? And can a personal injury lawyer help you obtain it?

This blog will explore the importance of video evidence in personal injury claims, the different types of video footage that can support your case, and how working with a lawyer can help you navigate the complexities of using video to your advantage.

Why is Video Evidence Useful?

Video footage offers an unbiased, visual account of an event, often filling gaps left by witness statements or police reports. Unlike verbal testimony, video evidence cannot be swayed by personal biases or lapses in memory. It provides:

• Objective proof of events: Videos can show how an accident occurred, pinpointing who was at fault.
• Compelling visuals: Courts and insurance adjusters are often more persuaded by clear, visual evidence.
• Stronger negotiation power: With video evidence, your attorney can build a stronger case to negotiate a fair settlement or present to a jury.

Which Types of Video Footage May Help Win a Personal Injury Claim?

In New Jersey, several sources of video evidence can be instrumental in proving liability. Here’s a closer look at the types of footage that can strengthen your claim:

1. Smartphone Camera Footage

Smartphone recordings, either by you, a witness, or even the at-fault party, can provide real-time incident documentation. For example:

• Videos of car accidents can capture road conditions, weather, and the position of vehicles.
• Footage from bystanders may show critical moments of negligence.

Tip: If you’re involved in an accident, safely record the scene, including vehicle damage, injuries, and any visible hazards.

2. Micro Cameras

Tiny cameras, such as dashcams or body cams, have become increasingly popular and can provide:

• Continuous recordings of road incidents (e.g., a dashcam capturing a rear-end collision).
• Evidence of unsafe working conditions or hazards in slip-and-fall cases.

3. Security Cameras

Security cameras from businesses or residences near the accident scene often provide invaluable footage. For example:

• A store’s security camera might capture a slip-and-fall incident caused by an unmarked wet floor.
• Residential cameras might show how a pedestrian accident occurred.

4. Traffic Cameras

Traffic cameras placed at busy intersections or along highways often record accidents. They may show:

• The at-fault driver is running a red light.
• Speeding or reckless driving leads to an accident.

To access traffic camera footage in New Jersey, your attorney may need to submit a formal request to the appropriate city or state agency.

Can Video Help If Someone Is Injured by Negligence?

Yes, video evidence is particularly helpful in proving negligence. In New Jersey, negligence laws require victims to prove four elements:

1. Duty of care: The at-fault party owed a duty to act responsibly.
2. Breach of duty: The at-fault party failed to act responsibly.
3. Causation: The breach directly caused your injuries.
4. Damages: You suffered measurable losses, such as medical expenses or lost wages.

Video evidence can demonstrate negligence clearly, whether it’s footage of:

• Distracted driving like using a cell phone while driving etc causing a collision.
• Unsafe property conditions lead to a slip-and-fall.
• A dog owner fails to control their pet before an attack.

Can Personal Injury Lawyers Help Me Get Video Evidence?

Yes, securing video evidence can be challenging without legal assistance. Personal injury lawyers understand how to:

• Identify video sources: Attorneys can locate potential cameras, including traffic, security, and private devices.
• Request footage: Lawyers can send formal letters or subpoenas to obtain recordings from businesses, government agencies, or private individuals.
• Ensure admissibility: Lawyers ensure the video evidence meets New Jersey’s legal standards for admissibility in court.

Real-Life Example: How Video Evidence Secured Justice in a New Jersey Case

Video evidence can be a powerful force in personal injury claims. It goes beyond words, capturing undeniable proof that can turn a complicated case into a clear path to justice. Here are two notable examples from New Jersey: video footage was pivotal in securing fair settlements for injury victims.

1. Dashcam Footage Proves Fault in a Car Accident — $150,000 Settlement

• Incident: A driver ran a stop sign and collided with another car, causing severe injuries to the victim.
• Type of Video Evidence: Dashcam footage from a nearby driver’s vehicle.
• How It Helped: The video captured when the at-fault driver ignored the stop sign, providing irrefutable proof of negligence.
• Outcome: The victim’s attorney used the footage to negotiate a $150,000 settlement covering medical bills, lost wages, and other economic damages.

2. Mall Surveillance Footage Secures Justice in a Slip-and-Fall Case

• Incident: A shopper slipped on a wet floor at a New Jersey shopping mall. There were no warning signs to alert customers of the hazard.
• Type of Video Evidence: Surveillance footage from the mall’s security cameras.
• How It Helped: The video clearly showed the hazardous condition of the floor and the absence of cautionary signage, which proved the mall’s negligence.
• Outcome: The compelling video evidence led to a favorable settlement for the injured shopper, covering medical expenses and pain and suffering.

These real-life cases highlight the power of video evidence in holding negligent parties accountable. 

Whether it’s dashcams, surveillance footage, or security cameras, these silent witnesses can make a decisive impact on the success of a personal injury claim.

Privacy Considerations: 

While video evidence is valuable, it’s important to be aware of privacy laws because unauthorized recording in private areas may be inadmissible. It’s advisable to consult with legal counsel to ensure compliance with applicable laws.

Consult with Personal Injury Lawyers in New Jersey

If you’ve been injured in New Jersey, working with a skilled personal injury lawyer at Rosengard Law Group can help you build a strong case and secure the compensation you deserve. 

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Don’t wait until it’s too late. Remember, New Jersey’s statute of limitations is two years. Call Rosengard Law Group or visit our website to get started.