When you’ve been injured in an accident, words alone often aren’t enough to tell your story. Imagine a slip-and-fall caught on a store’s surveillance camera or a dashcam that records a driver running a red light moments before a crash. That kind of visual proof can transform a personal injury case. In Vermont, where personal injury claims often hinge on demonstrating fault and damages, video evidence can be the deciding factor between a denied claim and a life-changing settlement.
Using video strategically and lawfully can strengthen your position, counter false narratives, and make your injuries undeniable in the eyes of insurance companies and juries.
The Growing Role of Video Evidence in Vermont Personal Injury Cases
As technology becomes more integrated into daily life, video evidence is surfacing in more Vermont personal injury claims than ever before. From security cameras at businesses in Burlington to dashcams on rural Vermont roads, visual documentation often provides what witness testimony cannot: an unbiased record of what actually occurred.
Videos can reveal the sequence of events leading to an accident, confirm negligence, and even capture unsafe conditions that a defendant might later try to fix or deny. Whether it’s a slip and fall in a Montpelier supermarket or a motorcycle accident in Rutland, having reliable video footage can dramatically simplify the legal process and reduce disputes over who was at fault.
What Types of Video Evidence Can Support a Vermont Personal Injury Claim
Video can come from multiple sources, each offering different perspectives and reliability. The following are the most common forms of video evidence that personal injury attorneys in Vermont use to build strong cases:
- Surveillance Cameras: Found in parking lots, retail stores, and public areas, these often capture accidents from start to finish.
- Dashcams: Increasingly common in cars, trucks, and even rideshares, dashcam footage is especially valuable in intersection and rear-end collision cases.
- Cell Phone Videos: Bystanders or victims themselves can capture the aftermath, unsafe conditions, or behavior of negligent parties.
- Body Cameras: In cases involving law enforcement or commercial drivers, bodycams can document crucial interactions.
- Helmet or Action Cameras: Cyclists, motorcyclists, and skiers in Vermont often use wearable cameras that can capture the exact moment an accident occurs.
Having multiple sources of footage can reinforce credibility and fill in gaps, especially when insurance adjusters attempt to minimize or dispute claims.
Why Video Evidence Carries Weight in Vermont Courts
Unlike written statements or testimony that can be biased or inconsistent, video captures the truth in real time. Vermont courts recognize the persuasive power of such evidence because it allows jurors and judges to see the event rather than interpret secondhand accounts.
Under Vermont Rule of Evidence 901, a video must be authenticated before it can be admitted in court, meaning the party presenting it must prove that the video accurately depicts what it claims to show. This authentication often involves testimony from the person who recorded the footage or an expert who verifies its integrity.
When properly authenticated, video can:
- Prove that the defendant breached a duty of care
- Establish the timeline and cause of injuries
- Demonstrate the severity and immediacy of harm
- Refute false or exaggerated defenses
For plaintiffs, this can mean faster settlements and stronger negotiation leverage before a trial even begins.
Legal and Privacy Considerations for Video Evidence in Vermont
Before using video footage in a Vermont personal injury claim, it’s essential to understand how privacy laws apply. Vermont’s one-party consent law under 13 V.S.A. § 8102 allows recording of conversations if at least one party consents, meaning you can legally record your own interactions but not private ones where you’re not a participant. However, recording video in public spaces—where there is no reasonable expectation of privacy—is generally permitted.
Your attorney will evaluate the source of each video and whether it can be admitted without violating privacy laws. Illegally obtained footage may be excluded from court and could even jeopardize your case.
How Vermont Attorneys Secure and Preserve Video Evidence
Because video systems often automatically overwrite footage within days or weeks, time is critical. An experienced Vermont personal injury attorney will move quickly to secure and preserve recordings that could prove negligence.
Here’s how the process typically unfolds:
- Identify potential sources — Attorneys determine whether cameras were positioned to capture the incident, such as traffic lights, store entrances, or neighboring businesses.
- Send a preservation letter — A formal notice is sent to the video owner, such as a business or property manager, demanding they retain relevant footage.
- Subpoena the evidence if necessary — If the video owner refuses to share it voluntarily, a subpoena can compel its release.
- Authenticate and review — The footage is examined for clarity, continuity, and timestamp accuracy.
- Use strategically in negotiations or trial — Attorneys may show the video to insurance adjusters to secure faster settlements or present it in court to demonstrate liability.
These steps underscore why hiring an attorney early can mean the difference between capturing key evidence and losing it forever.
Examples of How Video Has Changed the Outcome of Vermont Cases
A Slip-and-Fall at a Burlington Supermarket
A customer slipped on a freshly mopped aisle with no visible warning signs. Store management initially claimed the area had been marked properly. However, video footage obtained through a subpoena showed employees leaving the floor wet and unattended. This footage proved negligence, leading to a favorable settlement that covered medical costs and lost wages.
A Motorcycle Accident in Rutland
A motorcyclist was struck by a car that claimed he “came out of nowhere.” The rider’s helmet camera revealed that the driver made a left turn without signaling. This clear visual evidence made it impossible for the insurer to deny fault, resulting in a full policy payout for the injured motorcyclist.
These examples highlight how clear, objective footage can resolve disputes and prevent defendants from distorting the facts.
Tips for Preserving and Using Video Evidence After a Vermont Accident
Even if you’re not sure your case will require it, treating every piece of video as valuable from the start can save you later frustration.
Here are some best practices:
- Save any personal recordings immediately and back them up on multiple devices or cloud storage.
- Avoid editing or altering footage; doing so could compromise its authenticity.
- Collect witness contact information in case they recorded the event.
- Notify your attorney as soon as possible about any potential video evidence.
- Never post videos of your injury or accident on social media, as insurers may use them out of context.
With proper preservation and legal guidance, even a few seconds of footage can provide undeniable proof of negligence or unsafe conditions.
How Video Evidence Impacts Settlement Negotiations in Vermont
Insurance adjusters are trained to minimize payouts, often by questioning credibility or fault. When faced with clear video evidence, however, their ability to dispute liability is severely limited.
This can accelerate settlement discussions, increase compensation offers, and eliminate lengthy disputes about who caused the accident. Attorneys often use video clips strategically—sometimes showing only portions—to strengthen negotiation leverage.
For instance, showing a clip of a driver running a red light moments before an impact often leads insurers to reassess their exposure and settle rather than risk a trial verdict. In Vermont’s comparative negligence system under 12 V.S.A. § 1036, even if you share partial fault, video evidence can help reduce your percentage of liability and preserve your right to recover damages.
When Video Evidence Isn’t Enough
While video can be powerful, it’s rarely the only evidence in a personal injury case. Blurry or partial footage may not tell the whole story. Attorneys must still supplement it with medical records, expert testimony, and accident reconstruction.
For example, a camera might show that a driver rear-ended your car but not the reason why. Pairing the footage with phone records proving distracted driving or witness testimony about speeding fills in those gaps. The best cases combine visual proof with strong legal argumentation.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you’ve been injured in Vermont, securing video evidence quickly could be the most important step in winning your personal injury claim. Our Vermont personal injury attorneys know how to locate, preserve, and present video proof that can turn disputed claims into successful settlements. Whether your injury occurred in a car accident, workplace incident, or public property, we fight to ensure the facts—and your recovery—are clear.
At Brandon J. Broderick, Attorney at Law, we help Vermont victims protect their rights, secure compensation, and rebuild their lives with confidence. Don’t wait until key footage is lost or overwritten. We’re here to act fast and fight hard for you.