Can I Get Surveillance Footage for My Personal Injury Accident in New Jersey?

If you’ve been injured in an accident, whether it’s a car crash, slip and fall, or workplace accident, surveillance footage can be used as evidence in your personal injury case. Surveillance videos often provide an unbiased, detailed account of the events leading up to and during your accident. They can prove negligence, but there are some limitations. 

If you’ve been injured and have questions about the legality, accessibility, and utility of surveillance footage in your personal injury case, we can answer your questions and even help you use surveillance footage to strengthen your case. Call us today for a free consultation.

What Types of Surveillance Footage Can Be Used?

In this day and age, there are cameras everywhere. If you’ve been injured in public, there’s a good chance that it has been captured on a camera. Surveillance footage comes from a variety of sources, each potentially offering valuable insights into the cause and events leading to your accident. This footage can be sourced from: 

• Public Surveillance Cameras: these include cameras installed by local governments or municipalities in public areas like intersections, parks, and sidewalks. 
• Private Business Cameras: many businesses, such as stores, restaurants, and offices, use surveillance systems to monitor their premises. 
• Home Security Cameras: residential properties often have doorbell cameras or security systems that may capture incidents occurring near driveways or sidewalks. 
• Dashcams: dash-mounted cameras in vehicles can provide crucial footage in car accident cases. 
• Body Cameras: worn by police or security personnel, these cameras may capture events relevant to your case, especially in incidents involving law enforcement. 

How Can Footage Help Me Win My Personal Injury Case?

In most cases, surveillance footage is admissible in court as long as it was obtained legally. Surveillance footage can be one of the most compelling forms of evidence in a personal injury case. It can help: 

• Establish Liability: footage can show who was at fault for the accident, whether it’s a reckless driver, a negligent property owner, or another responsible party. 
• Corroborate Your Testimony: video evidence supports your version of events, strengthening your credibility. 
• Capture Negligence: footage may highlight hazardous conditions, such as a wet floor or faulty equipment, that led to your injury. 
• Demonstrate the Severity of the Incident: video of the impact or aftermath can illustrate how serious the accident was, which is crucial for negotiating damages. 

Is New Jersey a Two-Party Consent State?

New Jersey is not a two-party consent state for audio recordings. This means only one party must consent before a conversation can be legally recorded. However, when it comes to surveillance footage, especially when it’s captured in public or on a person’s property, consent laws generally do not apply.  

People do not have an expectation of privacy in public, and home and business owners are legally allowed to record their own premises. For example, cameras installed at traffic lights or in store parking lots are legally allowed to record video without notifying individuals. 

If your personal injury accident occurred in a private space, like someone’s home or a restricted-access area, different rules might apply. In these cases, obtaining and using surveillance footage may require legal guidance to avoid violating privacy laws. 

How Can I Obtain Surveillance Footage?

Securing surveillance footage can be a complex process, especially if the footage belongs to a private entity. Even getting public footage or bodycam footage requires going through a legal process, but it’s often worth the effort. Here’s how to do it:

1. Act Quickly: many cameras overwrite footage after a set period, sometimes as little as 24–72 hours. 
2. Identify Potential Sources: determine the location of nearby cameras, such as those on traffic lights, businesses, or residences. 
3. Make a Formal Request: contact the camera owner, whether it’s a business, municipality, or individual, and request a copy of the footage. This may involve providing specific details about the time and location of the incident. 
4. Enlist Legal Help: if a request is denied or ignored, your attorney can help obtain the footage. 
5. Collaborate with Law Enforcement: in some cases, police may already have access to the footage if it was part of their investigation. 

Our legal team can help you ensure all requests are handled appropriately and within legal boundaries.

Are There Legal Limitations for Surveillance Footage in New Jersey?

While surveillance footage is incredibly useful, there are legal limitations and requirements to consider. Understanding these limitations can help you avoid complications and ensure your evidence is admissible. Be cautious of:

• Privacy Laws: surveillance footage captured in places where individuals have a reasonable expectation of privacy, such as bathrooms or private offices, is generally inadmissible. 
• Chain of Custody: to be used in court, the footage must be authenticated and its chain of custody verified to ensure it hasn’t been tampered with. 
• Data Retention Policies: many cameras only store footage for a limited time before it is overwritten. Acting quickly to secure footage is essential. 

Get Help with Your Case Today 

Surveillance footage can be a game-changer in your personal injury case, providing objective evidence that supports your claim. In New Jersey, public and private surveillance systems are widely used, making it possible to obtain valuable footage if you act quickly and work with an experienced attorney.  

If you or a loved one has been injured in an accident, don’t hesitate to contact our team at Eichen Crutchlow Zaslow. We’re the legal team New Jersey residents trust to fight for them when they’ve been wronged. We’ll help you build the strongest possible case on your behalf, using all the evidence and resources available. Call us today for a free consultation.