If you’ve been injured in a car accident and are looking to claim compensation, you will find yourself having to prove that the injuries were the result of the wrongful conduct of the other party. Conflicting accounts can lead to deadlocks and delays, where strong evidence is needed to swing the narrative in your favor.
Traffic cam footage is some of the most compelling evidence you can present in a car accident case, and as a personal injury law firm in NYC, we at Gabriel Law are also aware that many may not know how to gain access to this vital evidence. Therefore, we encourage you to take a moment to read this post as we explain how you may acquire the traffic cam footage you need for your case.
What are the types of traffic cameras in New York?
In New York, there are three main types of traffic cameras: red light cameras, speed cameras, and general traffic cameras.
As you might have already guessed, red light cameras can be found in intersections with traffic lights. These cameras are designed to capture license plates and other identifying marks of vehicles that run red lights. These cameras take several still images when they detect a vehicle running a red light.
Similar to red light cameras, speed cameras are also limited to taking still images. These cameras activate when they detect vehicles exceeding speed limits. These cameras can be found in areas where speeding is common and areas where speeding may increase the danger to pedestrians (e.g., school zones).
On the other hand, general traffic cameras, which are typically set at intersections, record continuous video. The only downside is that the footage is deleted at a rate quicker than other cameras. Therefore, you would need to act quickly if you want to get your hands on the recording.
What are the steps for getting access to traffic cam footage in New York City?
When getting access to traffic cam footage, you need to act quickly. This is because most agencies only store the footage for around 30 – 90 days before deleting them. Therefore, if you want to get access to the footage, you need to complete the following steps.
Determine whether a traffic cam could have recorded footage of the accident.
Based on the location of the accident, you need to figure out whether there are any cameras in the vicinity that could have recorded footage of the accident or taken photographs of the vehicles prior to the collision.
For example, if a speed camera within a reasonable distance of the site of the accident has snapped a picture of the party at fault before the accident, that evidence can be presented in your favor. An argument can be made that, based on the proximity of the photograph to the accident, it is reasonable to presume that the party at fault was still speeding when the accident occurred.
Determine which agency you should contact.
If you’ve found a camera that you think might have some footage, you need to determine who operates the traffic cams in question. Speed cameras can be operated by the local government, the New York State Department of Transportation (NYSDOT), and private contractors. The easiest way to identify who controls the particular camera is to contact the NYSDOT. Once you give them the relevant details, they should be able to give you the relevant information.
Submit a Freedom of Information Law (FOIL) request.
If the camera is operated by the local government or the NYSDOT, you can submit a Freedom of Information Law request to access the traffic cam footage of the camera. You can submit a request for the footage online or by written request in the mail to the New York DMV FOIL office.
Provide detailed information about the accident.
Most traffic cameras operate 24 hours a day. This means that there will be a massive amount of data for you to sift through, taking an awful lot of time. Therefore, to make things easier for everyone, make sure to include details such as the date, location, and time of the accident in your FOIL request. By narrowing things down, the agency can get back to you much quicker and even identify any camera that you may have missed.
Conclusion
If you’re able to get hold of traffic cam footage, it’s a major plus point for building a strong case in your favor. However, accessing this footage requires a prompt action and a clear understanding of what needs to be done. At Gabriel Law, we’ve had the pleasure of representing many clients as their car accident injury lawyer in NYC. We understand how important this footage can be and know exactly how to secure it for your case. Don’t delay – schedule a free consultation with us today.