We know that traffic cameras are set up all over the place. When you get into an accident, it’s your hope that those cameras might have caught it, and that you can use them as evidence for your case.
The good news is, there may very well be cameras in the area that caught your crash. The bad news is that New York’s Department of Transportation’s cameras do not actually record. Instead of relying on “traffic cameras,” you may still be able to obtain footage from security cameras at nearby stores and homes to help with your case.
For help with a car accident case, call BKS Injury Law’s New York car accident lawyers today at (845) 303-2748.
Does New York Have Traffic Cameras?
The Department of Transportation (DOT) has cameras across the state to monitor the flow of traffic in real time. A lot of these cameras can be accessed online to let you check the traffic flow before heading out, or so that DOT officials can look for issues that need to be repaired or dealt with.
How Long Do Traffic Cameras Keep Footage?
These DOT cameras do not actually record. They are used for live streaming and monitoring, not recording traffic or accidents.
The infrastructure needed to record video from thousands of cameras and store it for a few weeks would be massive, and it just isn’t something we have set up in New York.
Can You Use Red Light Cameras?
If a car involved in the crash ran a red light, then that might have been captured on camera. This might allow you to access it if we contact the police for the records. However, you cannot usually just request red light camera footage for a few reasons:
It Only Records When There’s a Violation
Red light cameras are not always on. They only take pictures when someone runs a red light.
This means our Albany, NY car accident lawyers can get potential proof that the other driver did run a red light, but we cannot get video of the crash this way.
They Take Still Images
Additionally, there is no video from these cameras. They usually take a series of a few still images, not moving video.
That can put a particular car in a particular location at a particular time, but not provide video of the crash or red-light violation. We may also be able to use this to argue they are speeding, if the car appears as a blur.
How Long Do Red Light Cameras Keep Video?
These cameras do not record video, just still images. This means there is usually a persistent record for much longer, but it might not be as helpful as actual video.
Are There Third-Party Recordings?
Some third-party companies purport to record from these traffic cameras and may have the data available online. Since these cameras are generally open to the public, it is possible someone recorded it.
Does this make it easy to obtain for a car accident case? No. That means turning to alternative sources.
Can You Use Other Cameras?
Yes. More and more, security cameras are cheap, easy to set up, and linked to online accounts that make it easy for people to store and share video without much hassle.
If your crash happened in front of a store or home that had a security camera, a doorbell camera, or some other camera set up, we can contact the owner and request the footage.
How Long Do Security Cameras Store Footage?
How long those private cameras keep their video depends on a few factors:
- Is it a private, closed-loop security camera system? If it is a private system, then it stores footage for however long the owner has it set to – usually a few days.
- Is it part of an online subscription? If it is an online system, then it may depend on the owner’s subscription how long it keeps video. Many platforms use 48-hour or 30-day recordings.
- How old is the security system? Old systems may still record on tapes or discs, meaning they are generally overwritten within a couple of days. More modern systems use much larger storage or online cloud storage for the video.
In any case, it is vital to act quickly and assume the video will be overwritten soon.
How Do You Get Copies of the Video?
First, we want to get in touch with the camera’s owner and ask them to save the video for us.
Next, we can get in touch with them about how to send us a copy. Often, these things can be sent by email with a link to the video or downloaded directly to the camera and sent on a disk or removable storage device, if needed.
Each case is different, so it is important to be flexible. Courts are often set up to play video from all kinds of sources. We just need to make sure the video isn’t tampered with between getting it from the owner and using it in your case.
Can You Use Dashcam Footage?
Yes. No matter which car had the dashcam, we can potentially get a copy and use it. If it was the defendant’s video, we may have to get it through the courts or demand it during the discovery stage of your case.
If the defendant deletes their video or claims it “went missing,” we may be able to argue for sanctions. This could include getting the judge to instruct the jury that they should assume the video would have hurt the defendant’s case, since they were the one to destroy or lose the footage.
How Do You Get Video from Government Agencies?
If the government does have some kind of video, we can submit a freedom of information request or simply call the police department or other department to request the footage.
To do this, we need to know when the events occurred, where they happened, and what we are looking for (vehicle make, model, license plate number, etc.).
Call Our Car Accident Lawyers in New York Today
For help with your accident case, call our Hudson Valley, NY car accident lawyers at Basch, Keegan & Spada at (845) 303-2748