Can I Get Surveillance Videos After a Hit and Run Accident?

According to recent research, over half of all homes in the United States are equipped with at least one security camera. Thanks to recent advances in technology, it’s never been easier to record and review home security footage via mobile devices and applications. These cameras help keep homes and businesses safe, and can provide critical video evidence of accidents that take place within their view.

This video evidence can be absolutely vital to ensuring justice is served following hit and run accidents involving unidentified vehicles and/or drivers. Because these cases can be notoriously difficult to solve, law enforcement often needs all the help they can get when narrowing down potential hit and run suspects. Let’s explore how surveillance video footage can help contribute to positive identifications in Arizona hit and run cases and how an experienced car accident attorney can help their clients obtain any video footage that may help build their case.

What is a hit and run accident?

Put simply, the term “hit and run” refers to car accidents in which one party involved in a crash leaves the scene of an accident before providing their personal and/or insurance information to the other parties involved. Hit and run accidents can take place just about anywhere, and not all involve two manned vehicles. For example, if a driver hits a parked car and leaves without notifying the owner or authorities, they can be charged with a hit and run.

Under Arizona law, a driver involved in a crash has legal obligations. What is required will depend on the nature of the crash. Here are likely requirements:

1. Immediately stop the vehicle at the scene of the accident or as close to the scene as possible without obstructing traffic (A.R.S. § 28-661 applies for incidents involving injury/death; A.R.S. § 28-662 for crashes involving vehicle damage).
2. Drivers must provide their names, addresses, drivers licenses and vehicle registration numbers with others involved in the crash under A.R.S. § 28-663(A)(1)-(2).
3. If someone is injured, drivers must render reasonable assistance, including calling 911 or transporting the person to medical care if needed under A.R.S. § 28-663(A)(3).
4. Contacted law enforcement to file a police report (in cases involving personal injury, death or property damage of over $2,000; see A.R.S. § 28-666).
5. If a driver hits a parked car or fixed object, they must stop and either locate the owner or leave a written notice with their name, address, and vehicle info under A.R.S. §§ 28-664 and 28-665.

In minor accidents, anyone who fails to comply with the requirements outlined above could be charged with a class 1 misdemeanor. If another driver leaves the scene of an accident involving personal injury or death, however, he or she could be charged with a class 2 or class 3 felony. The bottom line? Hit and run accidents are treated as serious crimes under Arizona law, and law enforcement will respond and investigate accordingly.

Why is surveillance footage important in hit and run accidents?

The hardest thing about a hit and run accident is not knowing who to hold responsible. The aftermath of a crash is often chaotic or traumatic, making it hard to notice identifying details of a fleeing driver or their vehicle. When there are no other eyewitnesses at the scene in these cases, video footage can serve as critical evidence.

Surveillance video footage can:

• Capture an accident as it occurred, in real time
• Show a vehicle’s make, model, license plate information, color or other identifiable details of the car and/or its occupants
• Establish in which direction the driver fled
• Identify other possible witnesses to the crash
• Corroborate victims’ accounts of the crash

In the absence of other evidence – and sometimes in addition to it – surveillance footage can prove vital in proving who was at fault in a crash and helping law enforcement locate the person responsible for the victims’ injuries and other damages.

Where to look for surveillance footage

Some of the most common places law enforcement will look for video evidence include:

1. Traffic cameras

Some intersections in Arizona are equipped with traffic or red-light cameras that may manage to capture the collision or the fleeing vehicle. These cameras might not always capture continuous footage of an accident, but at a minimum can capture important details to help identify a fleeing driver. As these cameras are often monitored by state or city agencies, law enforcement, victims and their legal representatives may need to make formal requests for the footage from these agencies.

2. Local businesses

Retail stores, gas stations, restaurants, and other businesses in the immediate area of an accident may also have exterior surveillance cameras that provide views of local streets or parking lots. Law enforcement may contact local businesses to see if there is footage available from around the time of the accident and if that footage provides a clear view of the crash and/or the vehicles involved. Even if there is no footage available of the crash itself, footage from neighboring businesses can help law enforcement track the movements of a fleeing driver before or after a crash.

3. Residential doorbell cameras

As smart doorbells like those sold by Ring and Nest continue to become more commonplace in residential areas, they may be a promising source of evidence in hit and run cases. Law enforcement can go door-to-door in residential areas near a crash site to see whether any homeowners might have captured footage related to a crash on their home surveillance systems.

4. Dash cams and cell phones

Dash cams are also becoming more popular among civilians. Subsequently, video footage can occasionally be retrieved from the dash cams of other drivers involved in a crash or vehicles that were in the vicinity at the time of the collision. In some cases, pedestrians or vehicle passengers might also manage to capture crash footage on a cell phone camera. Police can consult with any witnesses at the scene of an accident to determine whether they captured any footage of the fleeing driver or may even put out a request for information from the public via social media, the radio or local news.

How to request video footage

Time is of the essence when pursuing video evidence. Many surveillance systems only store footage for specific and limited windows of time and will automatically delete any unretrieved footage. For this reason, it is advisable that victims of a hit and run crash contact law enforcement to aid in their efforts to retrieve video surveillance footage. If a police report has been filed and a case is actively under investigation, law enforcement can take the lead on contacting local agencies, businesses and the general public for help locating surveillance video.

A car accident attorney can also help victims exercise their rights when working to compile evidence in their hit and run case. Experienced attorneys can advocate for their clients to law enforcement and send formal letters to local businesses and homeowners requesting that they preserve their video footage. Working with a trusted car accident attorney can help expedite the process of retrieving surveillance footage and contribute to a more effective, comprehensive case overall.

Can surveillance footage be used in court?

As long as surveillance video is obtained legally and not tampered with or edited in any way, the footage can be used in both civil and criminal proceedings related to a hit and run crash. The surveillance videos can help establish liability in personal injury cases, serve as probable cause for the arrest of a fleeing driver and help accident victims fight for economic and non-economic damages related to their hit and run.

If you do not locate the driver, your uninsured motorist coverage may apply and fill in to provide compensation for your losses. Filing a police report, gathering witness information, documenting the scene, and accessing video of the incident can also assist you when proving that uninsured motorist claim.

Need a hit and run accident lawyer in Arizona?

If you’ve been involved in a hit and run accident in the state of Arizona and are looking for a legal team to help you fight for your rights, the professional hit and run lawyers at Plattner Verderame Arizona Injury Lawyers have got your back. We understand the unique challenges posed by hit and run accidents and are firmly committed to leaving no stone unturned in the fight for justice. Whether the fleeing driver in your case has already been identified or the case has gone cold, we can help you understand all the legal options available to help you pursue the greatest possible settlement for your losses, pain and suffering.

If you’ve been injured in a hit and run accident in Arizona, give us a call today or fill out our online contact form to schedule a free consultation with a member of our team. We are standing by to take your call and help you take the next step towards bringing the at-fault driver in your hit and run crash to justice.