Whether you have been injured in a car accident, bike accident, slip and fall, or a dog bite evidence will always be crucial to your case. In an injury claim an insurance company will try their hardest to look for any reason to not pay for your injuries. Whether this is because your injuries are not severe enough, or liability is being disputed, having concrete evidence can help counteract the insurance’s claims. Video footage can be crucial in your injury case, but you might have not been recording at the scene of the accident, so what can you do? In this article we will be diving into how video footage can be obtained from other sources, as well as the legality of filming and recording in public spaces.
Legality of Recording Video in Utah
In Utah, the legality of recording footage completely hinges on where and how the footage has been recorded. Utah law adheres to a “one-party consent” rule for audio recording, this means that only one person involved in the conversation must be aware of the recording for it to be legal. However, video surveillance laws focus more on the expectation of privacy.
Public vs. Private Spaces
- Public Spaces: Recording video in public spaces is generally legal here in Utah. This includes areas like streets, parks, and other areas where an individual does not have a reasonable expectation of privacy. Surveillance footage from these locations can often be used without infringing on any privacy laws.
- Private Spaces: For any private spaces, such as homes and private businesses, the rules are much stricter. Surveillance without consent in an area where an individual has a reasonable expectation is typically illegal. However, businesses often have surveillance cameras in place, and if an injury occurs within view of these cameras, the footage may be legally recorded and used.
How Can Video’s Support My Injury Claim?
An insurance company will work tirelessly to undercut your personal injury claim, as it directly affects how they make their money. Insurance companies make their money by pooling all of the money they get from their customers’ monthly premiums and investing these funds and collecting interest. This means that the longer your claim takes to resolve the longer they will be able to invest that money and make more off of it. Insurance companies are encouraged to drag an injury claim on so that they can keep these funds for as long as possible. This is where surveillance footage can become a pivotal piece of evidence in your injury case. This footage can provide clear and objective evidence that can confirm key details of the incident. Here are several ways a skilled personal injury lawyer can use this in your case:
Establishing Fault
If an insurance company is arguing details over who caused the accident, security footage can be your best friend. Video recordings provide concrete evidence helping to clearly establish who was at fault. This footage can come from a variety of places like a ring camera from a neighbor, or from a gas station’s security camera. A personal injury lawyer will make sure any footage that can help your case has been collected and is used properly to dispute any claims over liability.
Demonstrating the Severity of the Incident
Video footage can also capture the severity of the incident better than any photo, providing real time evidence of the impact and the aftermath. This footage can be influential in proving the extent of the injuries claimed, and the audio and video can counter any arguments of over exaggeration or pre-existing conditions.
Refuting False Injury Claims
Sometimes, the defense might try and argue that your account of the accident is inaccurate. This is where video or audio recordings can become invaluable, as it can serve as an objective counter to false narratives or claims from the other party involved in the incident. If you have been in a car accident consider starting a recording on your phone and recording your conversation with the other party as they may admit they are at fault after the accident.
How a Personal Injury Attorney Can Help
Video and surveillance footage can only be effective in your case if it is used properly. At LifeLaw Personal Injury our team of the best personal injury lawyers in Utah will do the following to ensure that your case is in the best hands:
- Promptly Obtain Footage: As soon as possible after the incident, our team will request surveillance footage from property owners, gas station owners, nearby houses, as well as contacting the police for any body cam footage from the accident. Delays in gathering this footage can result in the footage being erased or recorded over, so time is of the essence.
- Ensure Legality: Our team of personal injury lawyers will verify that any and all footage was obtained legally and that its use is in full compliance of any of Utah’s privacy laws.
Video and audio recordings can significantly strengthen your personal injury claim by providing you with undeniable proof of the circumstances surrounding the incident. If an insurance company or individual is denying your claims of an injury make sure that you contact the best personal injury lawyers in Utah at LifeLaw Personal Injury. At LifeLaw we will gather all the necessary evidence for your case making sure that your case is as strong as possible, ensuring that you get the compensation that you deserve. If you or a loved one has been injured do not hesitate to get the help you need, contact us for a free consultation today and to discuss your options further.