After a car accident, most people are understandably focused on immediate concerns: Am I hurt? How will I get to work? How much will it cost to fix my car? These are all valid worries. But there’s one crucial step that often gets overlooked until it’s too late: preserving evidence.
At Inzina Law, we’ve seen too many cases where valuable evidence was lost simply because people didn’t know to act quickly. Here’s why evidence preservation matters and what you can do about it.
Why Evidence Preservation Should Be a Priority
You might think that if you’re clearly not at fault, like in a rear-end collision, you don’t need to worry much about evidence. But what happens when the other driver changes their story?
We see it regularly: someone gets hit, assumes the situation is straightforward, and then days later their insurance company calls to say the other driver is now claiming they caused the accident. Without solid evidence, it becomes your word against theirs.
If you have any indication that the other person was at fault, but they’re starting to change their story or omit information when talking to police, preserving evidence becomes even more critical.
The Surveillance Footage Time Bomb
Many accidents happen near businesses that have security cameras. Gas stations, convenience stores, retail shops, and restaurants often have exterior cameras that may have captured your accident.
Here’s the problem: just like your home Ring camera or dashcam, business surveillance systems typically record over old footage after a few days. By the time you hire an attorney and realize that surveillance footage would be incredibly helpful, it may already be gone.
This is why acting quickly is so important. Evidence that could prove exactly what happened simply disappears with time.
What You Can Do at the Scene
While you’re still at the accident scene, take a look around. Are there any businesses nearby that might have cameras pointed toward the roadway? If so, you have a couple of options.
Ask the Police for Help
Police officers can often walk into a business and request surveillance footage on the spot. Business owners are generally more willing to comply with law enforcement requests. If the other driver is starting to change their story at the scene, definitely ask the responding officers if they can check nearby businesses for video.
Important: Don’t assume the police will do this automatically. While officers often canvass the area for witnesses and video, their primary concerns are making sure no one is injured and clearing traffic. They’re not always focused on determining fault, especially since they didn’t witness the accident themselves.
Approach Businesses Directly
If police assistance isn’t available or you want to be thorough, go to nearby businesses yourself and ask if they have cameras that might have captured the accident. Being polite goes a long way here.
Smaller, locally owned businesses are often more willing to help. They may show you the footage or even give you a copy on the spot if you’re friendly and explain the situation.
Corporate businesses like gas station chains or big-box retailers are typically less accommodating. They have corporate policies and usually require a subpoena before releasing any footage. But even in these cases, knowing that footage exists is valuable, as you can take steps to preserve it legally.
Contact an Attorney Immediately
You’re never going to go wrong consulting with a lawyer immediately after a crash. Beyond just giving you legal advice, an attorney can help with evidence preservation in ways you can’t do on your own.
Once we’re involved, we can send what’s called a preservation letter to businesses, putting them on notice that they need to retain their surveillance footage. While they’re not legally obligated to preserve evidence just because you ask, a letter from an attorney carries more weight and creates documentation if they destroy footage after being notified.
We can also begin the process of subpoenaing footage if necessary, though even that takes time. The sooner you reach out, the better your chances of preserving critical evidence.
You’re Not Automatically Entitled to Footage
It’s important to understand that neither you nor your attorney can demand surveillance footage from a business. They’re not required to give it to you without a subpoena. What we can do is ask nicely, and we often have success when we act quickly and approach business owners respectfully.
The key phrase here is “act quickly.” Every day that passes increases the chance that footage will be recorded over and lost forever.
Other Evidence to Preserve
Surveillance footage isn’t the only evidence that matters. Make sure you also:
- Keep your damaged clothing and personal items
- Preserve your vehicle (don’t rush to repair or junk it)
- Save all medical records and bills
- Document your injuries with photos over time
- Keep a journal of how your injuries affect your daily life
Don’t Let Critical Evidence Disappear
At Inzina Law, we understand how quickly evidence can vanish after an accident. When you work with us, we move fast to identify and preserve the evidence that will strengthen your case.
If you’ve been in an accident in Louisiana, don’t wait. Contact us today at 337-243-1237 for a free consultation. The sooner we start working on your case, the better your chances of recovering the compensation you deserve.