Can I use traffic or surveillance camera footage to prove my Georgia accident?

· 3 min read

Footage from a traffic signal, intersection camera, or a nearby business’s security system can help prove how a Georgia crash occurred, but obtaining it is its own challenge. Unlike a dashcam inside the injured driver’s own vehicle, this footage sits with a third party, and it often disappears quickly.

Sources of third-party video

Several kinds of cameras may have captured a crash:

  • Government traffic cameras at intersections or along major roads, operated by a state or local transportation or law-enforcement agency.
  • Private surveillance cameras mounted on stores, gas stations, banks, parking lots, or homes facing the street.
  • Transit or toll-system cameras in some locations.

Each source has a different owner and a different retention practice, which affects both how to request the footage and how long it survives.

Getting the footage in time

The recurring problem is speed. Many systems overwrite recordings within days or a few weeks, so the window to act is short. The route to obtaining the video depends on who holds it:

  • Private owners may share footage on a polite request, but some will only release it in response to a subpoena once a claim or lawsuit is underway.
  • Government-held footage may be reachable through an open-records request under Georgia’s Open Records Act, O.C.G.A. § 50-18-71, though some recordings are exempt under § 50-18-72 or are simply not retained for long.
  • A preservation letter sent quickly asks the holder not to delete the recording while it is being pursued, which can prevent routine overwriting.

Because of these timelines, identifying nearby cameras and requesting preservation within days of the crash is often what makes the difference between having the footage and losing it.

Using it as evidence

Like any video, third-party footage must be authenticated to be admitted at trial, generally by someone who can verify it accurately shows the scene and is unaltered. A records custodian from the business or agency often serves that role. The footage usually carries the most weight when paired with the police report, witnesses, and physical evidence, and the two-year deadline under O.C.G.A. § 9-3-33 governs the claim.

The bottom line

Traffic and surveillance camera footage can help prove a Georgia accident, but the footage belongs to third parties and is frequently erased within days. Locating the cameras fast, sending preservation requests, and using subpoenas or open-records requests to obtain the video are what allow this evidence to be secured and authenticated for use.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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