How Surveillance Videos Can Make or Break Your Injury Case

Why Video Evidence Plays a Big Role in New York Personal Injury Claims

After an accident, most people feel extremely stressed out. Medical bills stack up, work gets missed, and there’s that constant question: “How will I prove what happened?” 

In New York State, where city intersections and busy roadways see frequent traffic, video cameras often capture accidents in real time. That footage could make your case stronger, or it could raise more questions than answers.

At Horn Wright, LLP, our personal injury attorneys know how to handle cases involving surveillance video. We work with clients across New York to secure vital footage, challenge misleading clips, and build the kind of evidence that speaks for itself. If you think a camera might have captured your accident, we’ll take that stress off your shoulders and get to work.

Surveillance Footage: What It Is and Where It Comes From

Across New York communities, cameras are everywhere. Some are mounted on traffic poles, others sit above local businesses and apartment buildings. Even homes often have doorbell cams facing sidewalks and streets.

These recordings don’t just document daily life, they sometimes catch critical moments that prove what caused a crash, fall, or other injury. Surveillance video in New York might come from:

• City-operated traffic cameras at high-volume intersections
• Security systems at retail shops, parking lots, or multi-unit housing
• Public transportation vehicles, such as MTA buses, equipped with video
• Personal devices like smartphones or home security systems

Each source can offer a different perspective. Some show how a slip-and-fall occurred outside a grocery store, while others might capture the seconds before a car runs a red light. The challenge is finding and preserving that footage before it’s erased.

How Footage Can Strengthen Your Personal Injury Claim

When surveillance captures your injury, it can serve as direct proof of what really happened. That kind of evidence removes a lot of guesswork. For people recovering from injuries, it can be the difference between a drawn-out court battle and a fair settlement.

For example, if video shows a driver speeding through a crosswalk or running a red light, your attorney can present that as clear, visual confirmation of fault.

Strong video evidence can:

• Show the exact moment of impact
• Back up your timeline and injuries
• Disprove misleading statements from the other party
• Help experts reconstruct the sequence of events

Surveillance can also support emotional or functional claims. A video showing a person struggling to stand after slipping on ice can help establish the seriousness of their injuries.

When Video Evidence Works Against You

Not all footage tells the full story. Sometimes it captures only a small part of what really happened. A single clip of you walking normally, despite your injuries, can be used to question your credibility.

Insurance companies know how powerful video can be. They’ll look for any footage that undercuts your claim. This may include:

• Security video from nearby businesses
• Social media clips
• Dashcam footage from other drivers

Even if the video seems minor, it can lead to doubts. For example, a silent video doesn’t explain that someone was pushing through pain or struggling internally. The context matters, but insurance companies may not wait for that explanation unless it’s clearly laid out.

Once opposing parties access footage, they can frame it in ways that hurt your case. That’s why having an attorney who understands how to counter those tactics is critical.

Who Can Access the Footage and How to Get It

In New York, time is crucial when trying to obtain surveillance. Most systems overwrite old files quickly, often within 24 to 72 hours. Without immediate action, important footage may be lost.

City-owned traffic camera footage might be preserved for a limited window. Businesses and apartment buildings often delete recordings on a rolling basis. Once deleted, it’s rarely retrievable.

Steps to secure footage include:

• Sending preservation letters to prevent deletion
• Filing a Freedom of Information Law (FOIL) request for public footage
• Using subpoenas to request private recordings

Acting fast is essential. The sooner your legal team starts the request process, the better the odds of obtaining usable evidence.

What New York State Law Says About Video Use

Under New York law, surveillance footage is admissible as evidence in court if it was lawfully obtained. Footage captured in public spaces—like a sidewalk or retail parking lot—is generally allowed.

The law prohibits using hidden cameras in private areas. But if a video was recorded by a visible, stationary camera outside a business, it’s typically permissible.

The New York State Unified Court System outlines admissibility standards. Judges, insurers, and juries often rely heavily on video during negotiations and trials. That makes preservation and proper presentation even more important.

How Attorneys Use Video to Build Stronger Injury Cases

An experienced lawyer doesn’t just play back the video. They build a full narrative around it. That means aligning the footage with your injury timeline, medical records, and official statements.

Your attorney might:

• Use timestamped video to confirm the timing of a fall or crash
• Compare it to hospital records or 911 calls
• Share the footage with an expert who can analyze motion or force of impact

In trial, this strategy makes a big difference. A visual walkthrough allows jurors to experience the incident for themselves. Even during negotiations, well-presented video can lead insurers to settle rather than risk trial.

Why You Shouldn’t Try to Interpret the Footage Alone

Video seems straightforward. But personal injury footage often lacks sound, clarity, or full context. It’s easy to misread.

Attorneys go beyond surface-level interpretation. They:

• Break footage into frames for detailed analysis
• Check lighting, angles, and environment
• Compare visuals with traffic or weather records

A stumble may look minor in poor lighting. But a professional analysis could reveal negligence, poor maintenance, or unsafe conditions. That’s why legal review is crucial before drawing conclusions or responding to accusations based on video.

Final Takeaway: Video Can Help or Hurt. Be Ready Either Way

In New York, cameras are everywhere. They often catch more than we realize. 

In a personal injury case, that video might help prove your side or challenge it. The best thing you can do is work with a lawyer who knows how to handle footage, get it fast, and interpret it with care.

At Horn Wright, LLP, we help clients across New York State use video the right way. We preserve, analyze, and present it to help you pursue a fair outcome. Whether the footage supports your case or complicates it, we’ll handle it with clarity and urgency.