Surveillance footage in Illinois injury cases can be crucial for establishing liability after an accident. To secure fair compensation for your injuries, gathering evidence is essential. Various cameras, including traffic cameras, public and private security cameras, body cameras, dashcams, and mobile phone recordings, may have captured the incident.
For guidance on using video in your Naperville personal injury case, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
How Surveillance Footage Can Prove Liability in Illinois Injury Claims
Surveillance footage in injury cases plays an important role in personal injury cases by offering objective proof of events. It can support witness testimonies, illustrate the extent of injuries, and help identify additional witnesses. Such footage may contribute to achieving a favorable outcome in a settlement or court decision.
Objective Evidence
Surveillance footage gives an impartial view of your accident, clarifying who is at fault and their liability. This visual evidence presents a perspective that may not be fully captured through witness statements or photos alone.
Document the Incident
Surveillance footage provides a clear view of how accidents happen, be it a car crash, slip and fall, or other types of incidents. This footage allows for a detailed inspection of the environment at the moment the incident took place.
In the case of a slip and fall, for instance, it captures important details including the condition of the floor, obstacles or hazards, lighting conditions, and the actions of staff or other individuals nearby. If, for example, you tripped over a loose rug in a store aisle, the footage could reveal whether store employees were aware of the danger and chose not to address it timeously.
Determining Fault
When multiple parties might be liable, surveillance footage can clarify each person’s involvement. An experienced personal injury attorney can analyze this footage to ensure fault is assigned accurately and that all responsible parties are held accountable.
Supporting Your Version of Events
Surveillance footage can help disprove false statements made by the other party. If they try to downplay their responsibility or shift all the blame onto you as the injured individual, this video evidence offers a vital counterpoint.
Identifying Witnesses
Video recordings from security or traffic cameras may have captured other people who were present during the accident. These witnesses can serve as vital evidence in establishing liability in your case.
Legal Standards for Admitting Surveillance Videos as Evidence
Video footage can be an asset, but there are legal guidelines surrounding its use. In Illinois, the law typically permits video recordings as evidence in court, as long as they adhere to requirements.
Key factors to consider are the authenticity of the footage, its relevance to the case, and the legality of how the video was obtained. For video evidence to be admissible in court, it needs to meet various criteria.
Relevance
The key factor to consider is the video evidence’s relevance to your case. Courts will accept video evidence only if it helps to establish or challenge a disputed fact.
Authenticity and Accuracy
Establishing a video’s authenticity and accuracy is required. You need to demonstrate that the video hasn’t been altered or tampered with in any way that could impact its meaning or interpretation. Typically, you would require a witness who can verify the origin and integrity of the video.
It Must be Legally Obtained
How you acquired video evidence can influence whether it can be used in court. The video must be obtained in accordance with Illinois laws. If the evidence is gathered unlawfully or infringes on someone’s reasonable privacy expectations, it might not be admissible. For example, if the video is captured through illegal surveillance or without permission on private property, it could be excluded.
Privacy Concerns and Legal Boundaries
While video evidence can be powerful, it must be weighed against privacy rights. In Illinois law, there are considerations:
- One-Party Consent: Illinois requires consent from all parties for recording private conversations. This generally applies to audio, but is more flexible for video in public spaces where privacy is not expected.
- Surveillance Laws: Recording in public areas, like streets, usually complies with privacy laws. However, capturing footage on private property without permission can lead to legal issues and render the video inadmissible.
- Expectation of Privacy: Courts assess whether there was a reasonable expectation of privacy at the recording site. Typically, public places offer no such expectation, making the recordings more likely to be admissible.
Working with a Lawyer to Obtain and Use Surveillance Footage Effectively
If video evidence could impact your case, consulting an Illinois injury lawyer is essential. If you’re concerned about how personal injury lawyers get paid, they usually work on a contingency fee basis, meaning they take a portion of the settlement or court award you receive.
A lawyer can guide you in obtaining the footage by identifying sources like public cameras, business security systems, traffic cams, and police body-worn cameras. Video evidence can be obtained from public or private sources. For instance, in 2025, roughly 16% of American drivers own a dashcam, and 12% of these users have used the recordings for video evidence. If requests are denied, your personal injury lawyer can submit formal requests or issue subpoenas to access private records.
Your lawyer also ensures that the footage is obtained legally, respecting privacy laws and expectations, and that it’s authenticated to confirm it accurately represents the events. They’ll help determine the footage’s relevance to your case and maximize its use by reviewing it for key moments and integrating it with other evidence, such as eyewitness accounts and accident reports.Collaborating closely with a lawyer is key to effectively obtaining and utilizing surveillance footage, and offering other legal advice, such as whether you should accept a quick settlement offer, and steps to take after a personal injury. Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC to assist you in obtaining and utilizing video evidence in your case.
