How Can an Injury Victim Obtain and Use Video Footage From Nearby Cameras to Support an Accident Claim in North Carolina?
How to Obtain and Use Nearby Camera Footage After an Accident in North Carolina
Detailed Answer
Video, whether from a traffic signal, a storefront, or a doorbell camera, can make or break a personal-injury case. North Carolina follows the “pure contributory negligence” rule—if the injured person is even 1% at fault, recovery may be barred entirely. Clear footage can show that the other driver ran the red light, that a pothole caused a bicycle crash, or that no comparative fault exists. Below are the key steps to secure and use that evidence under North Carolina law.
1. Identify Likely Camera Sources Within 24–48 Hours
Public cameras: City traffic cameras, NCDOT roadway cameras, and school-bus cameras.
Private business cameras: Gas stations, convenience stores, restaurants, and banks often archive footage for only 7–30 days.
Residential cameras: Doorbell devices (Ring, Nest) or home security systems facing the street.
Vehicle cameras: Commercial truck dashcams and ride-share in-car video.
Visit the scene, photograph nearby cameras, and note addresses before memory fades or systems overwrite data.
North Carolina recognizes a duty to preserve relevant evidence once litigation is reasonably anticipated. A written “preservation letter” puts the owner on notice that footage is evidence. Include:
Date, time, and location of the incident
Exact request to preserve and not delete or overwrite any video from one hour before to one hour after the crash
Consequences of intentional destruction (possible sanctions)
Send the letter by certified mail, return receipt requested, and keep a copy.
3. Obtain Public-Agency Footage Through Records Requests or Subpoena
Public-records request: Many city traffic systems are subject to the Public Records Act (N.C. Gen. Stat. Chapter 132). File a written request with the agency’s custodian. Be specific about camera location and time frame.
Rule 45 subpoena: If the agency resists or if litigation has begun, issue a subpoena duces tecum under N.C. Gen. Stat. § 1A-1, Rule 45. The subpoena must be served at least 10 days before compliance is required, or earlier if good cause exists.
Dashcam/Body-cam footage: Law-enforcement video is not a public record. You must file a petition under N.C. Gen. Stat. § 132-1.4A in district or superior court, showing (1) relevance, and (2) a compelling need.
4. Obtain Private Footage Through Consent, Subpoena, or Early Discovery
Private businesses are not bound by the Public Records Act, so consent or subpoena is required:
Friendly request: Speak politely to managers or homeowners. Offer to cover download costs.
Presuit subpoena: In North Carolina, presuit discovery is restricted. You may file a verified petition for “discovery before action” under Rule 27. The court must find that the evidence may be lost without early intervention.
Post-filing subpoena: Once suit is filed, serve a Rule 45 subpoena on the camera owner with a copy to all parties.
Enforcement: If the owner refuses, move to compel under Rule 37 and request sanctions or adverse-inference instructions.
5. Authenticate and Admit the Video in Court
Lay foundation: A custodian or technician must testify that the system reliably records and that the video is a fair and accurate depiction.
Business-records exception: Video kept in the ordinary course of business may be admitted under N.C. Rule Evid. 803(6).
Chain of custody: Document who possessed the video from capture to courtroom to avoid tampering claims.
Editing: If you edit for trial (e.g., slow motion, highlighting), disclose originals and maintain integrity.
6. Use the Footage Strategically
Insurance negotiations: Send a copy to the adjuster with a demand package to shorten settlement time.
Accident-reconstruction experts: Footage helps them map speed, point of impact, and visibility.
Mediation exhibits: Playing clear video often increases the mediator’s pressure on the defense.
Trial presentation: Jurors trust their eyes. Video can overcome conflicting witness testimony.
7. Mind Privacy and Criminal Statutes
Do not trespass or hack into systems. Unauthorized computer access may violate the North Carolina Computer Crimes Act (N.C. Gen. Stat. § 14-453 et seq.). Always obtain footage through lawful means.
Helpful Hints
Visit the accident scene with your phone’s camera immediately; note camera angles, lens direction, and business hours.
Request preservation before you finish medical treatment; most systems overwrite after 7–30 days.
Keep multiple copies of any obtained video (cloud, external drive, attorney file).
Ask businesses to sign a short affidavit confirming authenticity when they deliver footage.
Combine footage with Google Earth overlays to show distance and timing for settlement brochures.
Bottom line: Camera footage can eliminate doubt and maximize compensation, but only if you act quickly and follow North Carolina’s evidence and discovery rules. Our firm has handled many cases where video turned a disputed crash into a clear-liability settlement.
Call to Action: If you or a loved one were injured, don’t let valuable footage disappear. Reach out to our experienced personal-injury attorneys today. Call 919-313-2737 for a free consultation and let us preserve the proof you need.
