Legally Reviewed by William Pemberton on September 29, 2026
After an accident, it can feel like your word is the only thing standing between you and a fair outcome. Insurance companies often question how serious your injuries really are, and that doubt can slow down or shrink your settlement.
This is where Pemberton Personal Injury Law Firm comes in. We know that surveillance footage, whether from a nearby business, a traffic camera, or a dashcam, can carry enormous weight in a Wisconsin personal injury claim, and we help clients understand how to use it or respond to it the right way.
Where Does Surveillance Footage Come From?
Video evidence in an accident case rarely comes from just one place. Depending on where the incident happened, the following sources may have captured what took place:
- Storefront or business security cameras facing a parking lot or sidewalk
- Municipal traffic or intersection cameras
- A dashcam mounted in your own vehicle or another driver’s
- Doorbell cameras on nearby homes
- Bodycams worn by responding officers
Once you know a source exists, the next step is making sure the footage does not disappear before anyone can review it.
Why Timing Matters So Much in a Personal Injury Case
Most surveillance systems are not built to preserve footage forever. Many businesses and municipalities automatically overwrite recordings within days or weeks to save storage space. According to Wisconsin Department of Transportation crash data, 30% of the 512 fatal crashes in Wisconsin in 2023 were speed-related, and 32% involved an impaired driver, showing how often the cause of a crash is contested and why clear video can matter so much.
If you wait too long to request footage, it may already be gone. This is one reason we encourage clients to reach out soon after a car accident so we can send preservation requests before recordings are lost.
What Can Happen If Footage Is Lost
Losing access to video evidence does not end your case, but it does take away one of your strongest tools. Once the footage is gone, the following problems can happen:
- The at-fault party may dispute how the crash happened
- Witness memories may fade or conflict with each other
- Insurance adjusters may lean harder on their own version of events
- You may lose your strongest piece of independent proof
Once footage is gone, it is usually gone for good, so acting fast gives your case the best chance of holding up.
How Footage Can Strengthen Your Claim
Clear video can settle disputes that would otherwise come down to conflicting stories. It can show who had the right of way, how fast a vehicle was traveling, or whether a driver ran a light before a crash.
Footage can also support claims involving a slip and fall or a fall on someone else’s property. Wisconsin law requires property owners to exercise reasonable care in maintaining safe conditions for people lawfully on their property, and video footage showing a hazard, such as a wet floor or a broken step, can help establish that a property owner knew or should have known about the danger.
How Footage Can Also Be Used Against You
Surveillance is not only a tool for proving your case. Insurance companies sometimes hire investigators to record claimants going about their daily lives, hoping to capture footage that appears to contradict a reported injury.
A clip taken out of context can look misleading even when it is not. Someone carrying groceries on a good day does not mean their pain has disappeared, but insurers may still try to use that kind of footage to reduce a payout. This is part of why we advise clients to be mindful of what they post and how they act in public while a claim is active because how you use social media can create similar complications.
What to Do If You Think There Is Footage of Your Accident
If you believe a camera may have captured your accident, the following steps can help protect that evidence:
- Note the exact location, date, and time of the incident
- Identify nearby businesses, traffic signals, or homes with visible cameras
- Avoid confronting property owners directly. Let your attorney handle formal requests
- Keep any photos you took at the scene, as they can help pinpoint camera angles later
Acting quickly and documenting what you observed gives your legal team more to work with when tracking down footage before it is erased.
Contact Pemberton Personal Injury Law Firm Today
Surveillance footage can be one of the most persuasive pieces of evidence in a personal injury claim, but only if it is found and preserved before it disappears. Our team knows how to move quickly to request and review footage that supports your version of events, and we are ready to push back on any video an insurance company tries to use unfairly against you.
If you were hurt in an accident and think a camera may have captured what happened, do not wait to find out. Contact Pemberton Personal Injury Law Firm today for a free case evaluation, and let us help you build the strongest possible case with every piece of evidence available.
Frequently Asked Questions About Surveillance Footage in Personal Injury Cases
How long do businesses and municipalities typically store surveillance footage?
Retention policies vary widely. Many retail businesses and gas stations overwrite footage within 24 to 72 hours. Larger businesses and some municipalities may keep recordings for 30 to 90 days before they are automatically overwritten. Traffic and intersection cameras operated by the Wisconsin Department of Transportation or local authorities may have their own schedules. Because there is no single standard, the safest approach is to contact an attorney as soon as possible after an accident so a preservation letter can be sent before the footage disappears.
Can my attorney force a business or city to hand over surveillance footage?
Your attorney can send a formal evidence preservation letter asking a business or municipality to retain relevant footage. If a lawsuit is filed, discovery rules allow your legal team to formally request and compel the production of footage through subpoenas or document requests. In some cases, a party that destroys footage after receiving a preservation request can face legal consequences, including adverse inference instructions that allow a jury to assume the footage would have been harmful to the party who destroyed it. Acting early puts you in the strongest position to secure this evidence.
What if the insurance company uses surveillance footage to deny or reduce my claim?
If an insurer presents surveillance footage to challenge your claim, you have the right to review that footage and respond. Context matters enormously. A short clip showing you moving on a relatively good day does not capture the full picture of a chronic or unpredictable injury. Your attorney can present medical documentation, deposition testimony, and other evidence to counter misleading interpretations. Insurance companies are required to evaluate all evidence fairly under Wisconsin law, and an experienced personal injury attorney can push back on attempts to use footage in a misleading way.
Can I use my own dashcam footage as evidence in a personal injury case?
Yes. Dashcam footage you recorded can be valuable evidence in a personal injury claim, particularly for car accidents. It can show the positions of vehicles before impact, the speed of other drivers, traffic signals, and road conditions. If you have dashcam footage from your accident, preserve it immediately by saving the file to another device or cloud storage before it can be overwritten. Share it with your attorney as early as possible so it can be reviewed and properly preserved for use in your claim.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
