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Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
After a crash, people often disagree about what happened. The other driver may blame you, witnesses may remember different details, and the insurance company may question your version of events. When there is a video of the collision, those arguments become much harder to make.
Surveillance footage can come from traffic cameras, nearby businesses, parking lots, dashcams, home security cameras, or even someone recording on a phone. The problem is that many of these systems automatically erase footage after a few days unless someone requests it. A Las Vegas car accident attorney can act quickly to identify potential video and take steps to preserve it before it is gone.
In this guide, you’ll learn where surveillance footage comes from, how it can help prove fault, what to do before it is deleted, and how it can strengthen your car accident claim in Nevada.
Surveillance footage is powerful because it is an objective record. While witnesses forget details and drivers describe the same crash differently, the video shows what happened without bias. That is exactly why insurers and courts give it so much weight.
Good footage can do several things at once in your claim:
Video is not magic. Some footage is grainy, missing timestamps, or shot from a bad angle. A lawyer can help ensure the video is properly authenticated and presented so it actually helps your case rather than raising questions about its origin.
Video can come from places you might not think about. The sooner you look, the better, since many systems automatically delete old recordings.
The most important thing is to act quickly. Many cameras automatically overwrite recordings within days, so waiting too long can mean valuable evidence is lost forever.
Surveillance footage is often deleted or overwritten quickly, sometimes within 24 to 72 hours, which is why timing matters so much after a crash. If no one acts early, the video that could prove what happened may no longer exist by the time a claim is filed.
The first step is simply identifying where footage might exist. That includes traffic cameras, nearby businesses, parking lots, ATMs, gas stations, apartment buildings, and even homes close to the scene. Once those locations are noted, it’s best to contact them as soon as possible and ask whether they can save any relevant videos. Even a short written request can make a difference.
A preservation letter is the next step. It formally informs the person or business holding the footage that they must retain it, as it may be needed as evidence. This matters because once they are on notice, deleting or losing the video can create legal consequences later.
If the footage is not shared voluntarily, a lawyer can later request it through a subpoena once a claim is underway.
Retention times vary widely by owner and equipment, so treat these as rough guidance, not promises. When in doubt, assume the window is short and act immediately.
|
Source of footage |
Typical retention |
How to get it |
| Traffic / intersection cameras | Days to a few weeks | Request from NDOT or local authorities |
| Business security cameras | Often 24-72 hours | Ask the owner, then subpoena if needed |
| Dashcams | Until overwritten by new recording | Request from the driver who has it |
| Home / doorbell cameras | Varies by device and storage | Ask the homeowner |
| Bystander phone video | Depends on the person’s phone | Ask the witness for a copy |
| Police body / dashcam | Months to years | File a public records request |
Video can be powerful in Nevada accident claims because it often shows exactly how the crash occurred, rather than relying on conflicting stories.
Under NRS 41.141, you can still recover compensation if you are 50% or less at fault, but your recovery is reduced by your percentage of fault. Clear footage can prevent insurers from shifting more blame onto you than is fair.
Footage from public areas, such as roads or intersections, is generally usable, while private security video may need to be properly requested or obtained through legal process before it can be used in a claim. You can read more in our overview of what to do after a not-at-fault accident.
Many private security systems overwrite recordings within 24 to 72 hours, and some keep video for only a few days. Traffic and police footage may last longer, but you should never count on it. Request any footage as soon as possible after a crash.
Traffic and intersection cameras are usually run by agencies like NDOT or local authorities, and you or your lawyer can request the footage. Because retention is often short and not every camera records continuously, act fast and do not assume video exists until it is confirmed.
A spoliation letter is a written notice requiring a person or business to preserve footage as evidence in a legal claim. If they destroy the video after receiving notice, a court may impose a penalty. Sending these letters quickly helps keep evidence from being erased.
Not automatically. Video from public spaces is generally admissible, while footage from private property may require permission or a court order. The video also has to be authenticated, which is one reason it helps to have a lawyer handle it.
You can still pursue your claim. Surveillance footage is strong evidence, but it is not the only kind. The police report, photos of the damage, medical records, and witness statements can all help prove what happened and who was at fault.
Video evidence can decide a claim, but only if someone secures it before it is erased. That is why moving quickly matters so much. At Gina Corena & Associates, we know how to track down footage, send preservation letters in time, and use video to push back when an insurer tries to blame you.
Call (702) 680-1111 any time for a free consultation in English or Spanish. There is no fee unless we win your case. You can also contact our team online to tell us what happened and learn what your claim may be worth.
Reviewed by Gina M. Corena, founding attorney at Gina Corena & Associates.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
