Can lawyer obtain video footage from street cameras run by DOT?

Asked 6 months ago - Woodland Hills, CA

My accident was at an intersection where there is a street camera (not red light camera) right above. The video is the only thing can show that I was not at fault.

Additional information

The accident happened in Woodland Hills, California.

Attorney answers (12)

  1. Richard Todd Rosenstein

    Contributor Level 19

    3

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . The California Department of Transportation website states " . . . that Caltrans does not save traffic video and is unable to provide archived footage." Notwithstanding the same, a subpoena could potentially be issued in a case requesting the production of the video footage. If the video footage does not exist, the custodian of record should respond that they are unable to provide the footage.

  2. Maryam Parman

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . If the tape is available. A lawyer can obtain a copy of the footage.

  3. Kristin E. Hobbs

    Contributor Level 12

    5

    Lawyers agree

    Answered . The video can be obtained either through request or subpoena, depending on their policy. In any event, send out a notice to preserve evidence via certified mail, return receipt requested, giving the specific location of the camera and date and time of the accident. These cameras often overwrite themselves after a short period of time so you need to act quickly to preserve that footage. Follow up with them a week or so after you send the letter to make sure they are preserving the evidence. Then you can worry about how to get a copy of the tape.

  4. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . If you have consulted with a lawyer ask him to look into this for you.

  5. Richard Marc Katz

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Generally these videos can be obtained by subpeona. Your personal injury attorney probably knows this.

    Good Luck

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  6. David Ian Schoen

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I am sure that a lawyer can obtain it if it hasn't been destroyed.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully... more
  7. Thomas Edwin Martin

    Contributor Level 12

    3

    Lawyers agree

    Answered . If you can get a request to them before the tape is overwritten they may be able to get you a copy. But they would probably respond more quickly to a lawyer's request.

  8. Travis Gale Black

    Pro

    Contributor Level 8

    2

    Lawyers agree

    Answered . An attorney would have to subpoena the film. But the case would have to be in litigation to do this. Also it is very important to write a letter to DOT asap asking them to save this tape, they are only kept for a certain time. Also you need to find out who has the film. It could be the city, county or state.

    You didn't mention if you are injured. If your not and you are just trying defend yourself you need to talk to you insurance company. I personally doubt they will even bother unless there are major injuries.

  9. Sagar P. Parikh

    Contributor Level 19

    2

    Lawyers agree

    Answered . Yes, it can be obtained, assuming it's available.

  10. Robert Bruce Kopelson

    Contributor Level 20

    2

    Lawyers agree

    Answered . Only if it is available. Many of the cameras are not actually on and recording at all times.

  11. Christopher John Gansen

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . If it still exists, maybe. Could be a subpoena or request.

  12. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . A lawyer can get video footage via subpoena. Avvo has a great "find a lawyer" tool to locate a top-rated Avvo attorney (10) with a low contingency fee, less than thirty percent...so you don't get hurt twice. Good luck.

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