You know that sinking feeling when you’re dealing with a motorcycle accident and everyone’s telling a different story? The other driver swears they had the right of way, witnesses are scattered to the wind, and you’re sitting there wondering how you’ll ever prove what really happened. Here’s the thing – in today’s world, there’s a good chance the whole incident was caught on camera, and that footage could be the difference between winning and losing your case.
I’ve seen too many riders get the short end of the stick simply because they didn’t know how to find and preserve video evidence. Let’s talk about how surveillance footage works in motorcycle accidents and why you need to act fast to protect this evidence.
The Reality of Modern Surveillance
Walk down any street in Denver, and you’ll spot cameras everywhere. Gas stations, convenience stores, traffic lights, businesses, doorbell cameras – they’re all recording 24/7. The National Security Camera Association estimates there are over 85 million surveillance cameras in the United States, and that number keeps growing.
For motorcycle riders, this is actually great news. Unlike car accidents where the damage tells part of the story, motorcycle crashes often leave riders with severe injuries and bikes that are totaled beyond recognition. Video footage can show exactly what happened when physical evidence isn’t enough.
But here’s the catch – most of this footage disappears faster than you’d think.
Time Is Your Biggest Enemy
Most security systems automatically delete footage after 7 to 30 days. Some cheap systems? They might overwrite everything in just 24-72 hours. I can’t tell you how many cases I’ve seen where potentially game-changing video was lost forever because nobody thought to secure it quickly enough.
Traffic cameras are even trickier. While many intersections have cameras, not all of them actually record footage. Some are just for monitoring traffic flow in real-time. The ones that do record often have different retention periods depending on the jurisdiction.
This is why the first few days after your accident are absolutely critical for evidence preservation.
Types of Surveillance That Could Help Your Case
Traffic Cameras and Red Light Cameras
These are your best bet for capturing the actual moment of impact. Red light cameras are specifically designed to record violations, so if someone ran a red light and hit you, this footage is gold. Regular traffic monitoring cameras might also capture your accident, especially at busy intersections.
Business Security Cameras
Gas stations, restaurants, retail stores, banks – they all have exterior cameras that might have caught your accident. Even if the crash happened across the street, a wide-angle security camera could have captured the whole thing.
Residential Cameras
Don’t overlook doorbell cameras and home security systems. Ring doorbells, Nest cameras, and other residential systems are everywhere now. A homeowner’s camera that faces the street might have recorded your accident without you even realizing it.
Mobile Phone Footage
In today’s smartphone world, there’s a decent chance someone recorded your accident or its aftermath. Social media posts, witness videos, even dashcam footage from passing cars could provide valuable evidence.
How to Identify and Locate Potential Video Sources
The key is thinking like a detective. When you’re able (or have someone helping you), walk or drive around the accident scene and look for cameras. Here’s what to look for:
At intersections: Check all four corners for traffic cameras, business cameras, or residential cameras that might face the street. Gas stations on corners are particularly good sources since they usually have multiple cameras covering different angles.
Along the roadway: Look for businesses with parking lots that face the street. Their security cameras often cover the road to monitor customer traffic.
Residential areas: Notice which houses have visible security cameras or doorbell cameras facing the street.
Make a list of every potential source. Get addresses, business names, and if possible, contact information. Take photos of the cameras themselves – this helps prove they existed at the time of your accident.
The Legal Process of Obtaining Surveillance Footage
Getting your hands on surveillance footage isn’t always straightforward. Different types of cameras are owned by different entities, each with their own rules about releasing footage.
Public Camera Footage
Traffic cameras and other government-owned surveillance usually require a formal public records request. Each city and state has different procedures, but you’ll typically need to:
- Submit a written request describing exactly what you need
- Provide specific date, time, and location information
- Pay any applicable fees
- Wait for processing (which can take weeks)
Private Business Footage
This is where things get trickier. Private businesses have no legal obligation to preserve or provide their security footage to you. However, many will cooperate, especially if you approach them properly.
The best approach is to visit in person as soon as possible. Speak with a manager, explain what happened, and ask politely if they can help. Bring a copy of the police report if you have it – this adds credibility to your request.
If they refuse, don’t give up. Sometimes a formal letter from an attorney is enough to convince them to cooperate, especially if they understand the legal implications of destroying relevant evidence.
The Preservation Letter Strategy
This is where having an experienced attorney really makes a difference. A preservation letter (also called a spoliation letter) is a formal legal document that puts the camera owner on notice that they have potentially relevant evidence and should not destroy it.
These letters carry legal weight. Once a business receives a preservation letter, they can face serious legal consequences if they allow the footage to be destroyed. Most businesses will comply rather than risk legal problems.
At McCormick & Murphy, P.C., we’ve been handling these types of evidence preservation issues for over 25 years. We know which businesses typically cooperate and which ones need a more formal legal approach. Sometimes that formal letter is exactly what’s needed to preserve critical evidence before it’s too late.
What Makes Video Evidence So Powerful in Court
Video doesn’t lie, and juries know it. While witness testimony can be inconsistent or biased, video shows exactly what happened. In motorcycle accident cases, video evidence can prove:
Who had the right of way: Traffic violations are often clear in video footage. If someone ran a red light or failed to yield, the video will show it.
Speed and impact: Accident reconstruction experts can analyze video to determine vehicle speeds and the severity of impact.
Road conditions: Was the road wet? Was visibility poor? Video captures environmental factors that might have contributed to the accident.
Behavior after the crash: Sometimes the other driver’s actions immediately after the accident are telling. Did they appear impaired? Were they texting? Post-accident behavior can be relevant to your case.
Common Challenges and How to Overcome Them
Poor Video Quality
Not all surveillance footage is CSI-quality. Some cameras produce grainy, low-resolution video that’s hard to interpret. However, even poor-quality footage can be valuable. Video enhancement technology has come a long way, and experts can often extract useful information from seemingly useless footage.
Camera Angles and Blind Spots
The camera might not have captured the exact moment of impact, but it could show the events leading up to the crash or immediately afterward. Sometimes these “before and after” shots are just as valuable as footage of the actual collision.
Uncooperative Camera Owners
Some businesses just won’t cooperate, no matter how nicely you ask. This is where legal intervention becomes necessary. Subpoenas can compel the production of evidence, but you need to act quickly before the footage is automatically deleted.
Working with Technology and Enhancement
Modern video analysis can extract surprising amounts of information from surveillance footage. Experts can:
- Enhance image quality to make license plates or faces more visible
- Calculate vehicle speeds based on known reference points
- Determine precise timing of events
- Create frame-by-frame analysis of the accident sequence
However, this technology is expensive and typically only available through experienced legal teams. This is another reason why having proper legal representation matters – we have access to the experts and technology needed to make the most of whatever video evidence exists.
The Role of Dashcams and Personal Recording Devices
Don’t forget about dashcams and other personal recording devices. More drivers are using dashcams these days, and other motorcyclists might have action cameras mounted on their bikes or helmets.
If you use a dashcam or action camera yourself, make sure the footage is preserved immediately after an accident. Don’t rely on the device’s internal memory – copy the files to a computer or cloud storage right away.
Also, ask other motorcyclists at the scene if they have cameras. The riding community is usually pretty supportive, and fellow riders are often willing to share footage that might help your case.
Building a Complete Evidence Package
Video evidence is powerful, but it’s most effective when combined with other types of evidence. A complete evidence package might include:
- Surveillance footage from multiple angles
- Police reports and accident reconstruction
- Medical records documenting your injuries
- Witness statements
- Photos of the accident scene and vehicle damage
- Expert testimony on accident causation
The goal is to build a full, clear picture that leaves no doubt about what happened and who was at fault.
When Video Evidence Changes Everything
I’ve seen cases completely flip once video evidence was discovered. A rider who was initially blamed for an accident was completely vindicated when gas station footage showed the other driver running a red light. Another case where the insurance company was denying coverage suddenly settled for full policy limits after doorbell camera footage proved their insured was at fault.
But I’ve also seen the opposite – cases where video evidence would have been helpful but was lost because nobody acted quickly enough to preserve it. Don’t let that happen to you.
Taking Action After Your Accident
If you’ve been in a motorcycle accident, here’s what you need to do right away:
Day 1-2: Get medical attention first, obviously. But as soon as you’re able, start identifying potential camera sources around the accident scene. Have a friend or family member help if you can’t do it yourself.
Day 3-5: Start contacting camera owners. Visit businesses in person when possible. Be polite but persistent.
Day 5-7: If you’re not getting cooperation, it’s time to involve an attorney. Don’t wait until the second week – by then, some footage might already be gone.
Throughout: Document everything. Keep records of who you contacted, when you contacted them, and what they said. Take photos of the cameras themselves.
Why Professional Help Matters
Look, I get it. Nobody wants to deal with lawyers if they don’t have to. But when it comes to preserving video evidence, experience really matters. We know which businesses typically cooperate and which ones need formal legal pressure. We have relationships with local businesses and understand the legal procedures for obtaining different types of footage.
More importantly, we can act quickly. While you’re recovering from your injuries, we can be out there tracking down cameras and sending preservation letters. Time is super important, and having professionals who can act immediately can make all the difference.
At McCormick & Murphy, P.C., we’ve been handling motorcycle accident cases since 1995. We understand how important video evidence can be, and we know how to get it preserved and analyzed properly. We work on a contingent fee basis, which means you don’t pay attorney fees unless we recover money for you.
The Bottom Line
Video surveillance is everywhere these days, and there’s a good chance your motorcycle accident was caught on camera somewhere. But that footage won’t do you any good if it’s automatically deleted before you can get your hands on it.
Don’t wait. Don’t assume someone else will handle it. Don’t think you can deal with it next week when you’re feeling better. Act now, while the evidence still exists.
Your case might depend on it. And honestly, wouldn’t you rather have the video and not need it than need it and find out it’s gone forever?
If you’re dealing with a motorcycle accident in Colorado and need help tracking down and preserving video evidence, give us a call at (888)-668-1182. We’re located at 1547 N Gaylord St UNIT 303, Denver, CO 80206, and we’re ready to help you build the strongest possible case.
Remember, that grainy gas station camera footage might not look like much, but it could be the key to getting the compensation you deserve. Don’t let it disappear into the digital void.
