Typically, the process of obtaining traffic camera footage begins by identifying the owner of the camera that recorded the crash. Possible sources include local police or municipal agencies, state transportation agencies, or private businesses and property owners with nearby surveillance cameras.
If a government agency controls the camera, you may need to submit a formal public records request to get the footage. However, not all government traffic cameras record or store video. When a private party has the footage, you can request a copy directly from the owner. If the owner does not cooperate, you may need to use a third-party subpoena to obtain footage.
Camera footage can play an important role when building a car accident claim. This evidence can show how the crash occurred and help support your account of the events. Here’s how to get traffic camera footage after a car accident in South Carolina to help strengthen your claim and support your request for compensation.
What Camera Footage of My Car Accident Could Be Available?
Various cameras may capture footage of your car crash, depending on where the accident occurs. Examples of cameras that may record footage of your car accident include the following:
- Red light and speed enforcement cameras – Local law enforcement agencies in South Carolina may install red light cameras at intersections or speed enforcement cameras along streets or county highways that capture footage of an accident.
- State DOT highway and interstate cameras – SCDOT operates cameras along various stretches of state highways and interstates. However, not all DOT cameras record footage, as the DOT uses some cameras solely to monitor current traffic conditions.
- City- and county-owned intersection cameras – City and county transportation departments may install cameras at certain intersections to record traffic volume data.
- Police surveillance and mobile cameras – Local and state law enforcement agencies may have permanent or temporary surveillance cameras to record activity in high-crime areas.
- Private cameras (businesses, parking garages, HOAs) – Businesses and private property owners may have surveillance or security cameras installed on the exterior of their buildings, which may capture footage of a car crash if angled toward the street.
- Dashcams – Drivers in a car accident or other motorists nearby may capture the crash on their dashcams. Some systems record footage on all sides of the vehicle.
Who Controls Traffic Camera Footage in South Carolina?
Entities that may possess camera footage of the car accident in South Carolina that injured you include the following:
- The South Carolina Department of Transportation (SCDOT)
- Local city or county traffic departments
- Law enforcement agencies
- Private third parties
Can I Request Traffic Camera Footage?
You may request traffic camera footage through various means, depending on who controls the footage. For government agency cameras, each agency may have a specific form or process for you to request a copy of camera footage. Alternatively, you may need to file a public records request to obtain footage from a government agency.
For privately owned cameras, you can contact the camera owner to request a copy of the footage. If the owner declines to provide a copy, you might have the option of pursuing the footage through a subpoena. For footage held by the opposing party in a car accident lawsuit, you can obtain a copy of the footage through the discovery process.
What Are Challenges in Obtaining Traffic Camera Footage?
You may face substantial challenges or obstacles when seeking camera footage of a car accident in South Carolina. Some of the biggest complexities in obtaining traffic footage of a crash include the following:
- Short retention windows – Government agencies in South Carolina may have policies that limit traffic camera footage retention to a short period unless someone requests preservation. Private surveillance camera systems may also have limited storage capacity, providing short retention windows for camera owners to download footage. So, you may need to act quickly to request footage before policies or systems delete it.
- Agencies refusing or delaying requests – Government agencies may refuse to provide camera footage or may not respond to requests promptly, potentially leading to the loss of footage if officials do not process preservation requests in time.
- Poor video quality or limited camera angles – Camera systems may use years-old equipment that records footage in lower video quality than the high definition we have become accustomed to today. Also, cameras may point at angles that provide only a limited view of the road or capture only a few moments of an accident.
- Cameras that do not record continuously – Camera systems, such as surveillance cameras or dashcams, may not record continuously. So, they may not capture footage of a crash even if the camera had an ideal view of the scene.
How Long Is Traffic Camera Footage Kept in SC?
Most SCDOT traffic cameras do not record footage. Instead, they may provide only a real-time video of the highway. Other government agency cameras may keep footage for a few weeks to a few months, depending on the agency’s policies. Private businesses with surveillance cameras also have various records retention policies that may keep footage for a limited period. Camera systems may also automatically overwrite footage after a few days or weeks, depending on the system’s storage capacity.
Can Traffic Camera Footage Be Used in Court?
You can use camera footage in a South Carolina car accident lawsuit, such as someone running a red light and hitting you, if it meets the requirements of relevance and authenticity.
Relevance means the footage tends to prove or disprove a material fact in the case. Although footage from seconds before or after a car accident may provide relevant information, footage from hours before or after the crash may have less relevance to the case.
Authenticity means that the footage depicts what you claim it does, that it comes from the source you claim that it did, and that no one has altered the footage. You may need to establish a chain of custody for the footage (identifying each party who possessed the footage before you present it in court) to establish its authenticity.
Contact a South Carolina Car Accident Lawyer Today
If you were hurt in a car accident, you deserve experienced legal representation that can help you obtain accident videos in South Carolina and build a robust claim on your behalf. At McKinney, Tucker & Lemel, LLC, we have advocated for the rights and interests of accident victims like you throughout York and Lancaster Counties since 1977. Our dedication to providing compassionate service, attention to detail, local knowledge, and cost-effective advocacy has earned us the respect and praise of the clients we’ve helped.
Contact us today for a free, no-obligation, fully confidential consultation with an experienced car accident attorney.
