13 Feb Using CCTV footage in a personal injury case
The number of CCTV cameras is consistently increasing, particularly in urban areas. Often found near businesses, in car parks and other public places, they are used to deter vandalism and other crime. However, these cameras don’t just capture incidents of crime. They also record everything that happens in between. For this reason, tracking down CCTV footage in a personal injury case is a great way to find indisputable evidence.
Why use CCTV footage in a personal injury case?
CCTV footage can have a huge impact on the outcome of a personal injury claim. Without this steadfast proof, the truth can become clouded. Perhaps, there is conflicting evidence or a lack of independent witnesses. Or in cases where the injured party was knocked unconscious or received head injuries, they might not remember what happened.
Clear CCTV footage can unveil crucial details, such as which party broke the red light in a road traffic accident. It can also prove negligence. For example, if a fall was caused by substandard maintenance, CCTV footage might show how long the hazard was there prior to the accident.
CCTV evidence can often speed up settlements or provide the key to a successful claim.
Requesting CCTV footage
After being involved in an accident, consider where there might be CCTV cameras in the area. Were there:
- Businesses nearby
- Passing buses
- Traffic cameras
If so, under the Data Protection Act, you are entitled to request a copy of any footage you appear in. To do this, write to the data controller – whoever operates the CCTV – with details of the date, time and location of the footage you require.
In the case of traffic cameras, you’ll need to write the Gardaí. For CCTV from a bus, you’ll need to write to the operator – perhaps Dublin Bus or Bus Éireann. In public places, the local authority may be the data controller.
If you are unsure who to contact, the team at Ferrys Solicitors LLP Personal Injury and Accident Solicitors Solicitors will be able to make requests for CCTV footage on your behalf.
Your entitlements when requesting CCTV footage
Once you’ve submitted a request, the data controller must respond within 40 days.
Although you are entitled to CCTV footage in which you appear, the data controller is under no obligation to retain footage. In fact, many organisations have a policy of deleting CCTV logs after a few weeks. For this reason, if you want to use CCTV footage in a personal injury case, request it as soon as possible.
Alternatively, our team of personal injury solicitors can do this for you while you recover from the shock and injuries caused by your accident. Contact Ferrys Solicitors LLP Personal Injury and Accident Solicitors Solicitors now.