Dashcam & Surveillance Evidence

Video evidence has transformed personal injury litigation. Where fault disputes once came down to one driver's word against another, dashcam footage, traffic cameras, and business surveillance systems now provide objective, time-stamped proof of exactly what happened. In Michigan, where you must prove the other driver's negligence to pursue a third-party claim under MCL 500.3135, clear video evidence showing a driver running a red light, failing to yield, or texting behind the wheel can be the difference between a full recovery and a denied claim.

Dashcam Footage: Your Personal Witness

A dashcam is one of the most valuable investments any Michigan driver can make. Unlike human witnesses who may leave the scene, forget details, or change their story, a dashcam records continuously and objectively. Modern dashcams capture high-definition video with timestamps, GPS coordinates, and speed data that can precisely reconstruct an accident.

If you have dashcam footage of your accident, take these steps immediately:

• Stop the recording loop. Most dashcams record on a continuous loop, overwriting the oldest footage when storage is full. Turn off the dashcam or remove the memory card to prevent the accident footage from being overwritten.
• Make multiple copies. Copy the footage to your phone, a computer, and a cloud storage service. Memory cards can fail, phones can break, and having redundant copies protects against data loss.
• Preserve the original file. Do not edit, crop, or compress the original video file. Courts require the original, unaltered file with its metadata intact for authentication purposes.
• Note the dashcam's time and date settings. If the internal clock is off by a few minutes, document this discrepancy so it can be explained during authentication.

Even if you were rear-ended and your forward-facing dashcam did not capture the impact itself, the footage may still show your driving pattern, speed, and the road conditions immediately before the collision, all of which help establish that you were not at fault.

Traffic Camera Footage: MDOT and Municipal Systems

Michigan's Department of Transportation (MDOT) operates an extensive network of traffic cameras throughout the state, particularly along major freeways in the Detroit metro area, Grand Rapids, and other urban centers. Municipal governments also operate intersection cameras and traffic monitoring systems. However, obtaining this footage requires swift action.

Critical facts about traffic camera footage in Michigan:

• MDOT cameras are primarily for traffic monitoring, not recording. Many MDOT cameras stream live video but do not retain recordings. Your attorney must contact MDOT immediately to determine whether footage from your accident location was preserved.
• Municipal red-light and traffic cameras often do retain footage, but storage periods vary wildly. Some systems overwrite footage after 48 to 72 hours, while others retain it for 30 days.
• A Freedom of Information Act (FOIA) request under Michigan's FOIA statute (MCL 15.231 et seq.) may be necessary to obtain government-held footage. The agency has five business days to respond.
• Intersection cameras at traffic signals operated by cities like Detroit, Grand Rapids, and Lansing may capture the exact moment of a collision if the accident occurred at a monitored intersection.

Time is the enemy with traffic camera footage. Your attorney should send a preservation request within 24 to 48 hours of the accident to prevent routine deletion.

Business Surveillance Cameras

Gas stations, restaurants, banks, retail stores, and office buildings near accident scenes frequently have exterior surveillance cameras that capture portions of the roadway. This footage is often the most accessible and highest quality evidence available, but it requires quick action to preserve.

Most businesses use digital video recording systems that overwrite footage on a rolling basis, typically every 7 to 30 days. Once overwritten, the footage is gone permanently. If your accident occurred near a business with visible exterior cameras, you or your attorney should:

1. Identify every business within line of sight of the accident scene
2. Visit or contact each business within 24 hours to request that they preserve footage
3. Send a formal written preservation demand letter that puts the business on legal notice
4. If the business refuses or is unresponsive, have your attorney issue a subpoena for the footage before it is overwritten

Many business owners are cooperative when approached politely and told their footage could help an accident victim. However, some businesses have policies requiring a subpoena before releasing footage. Do not delay because of an initial refusal.

Subpoenas and Preservation Letters

A preservation letter, also called a spoliation letter, is a formal written demand notifying a party that they have a legal obligation to preserve evidence relevant to anticipated litigation. Once a party receives a preservation letter, destroying or allowing the destruction of that evidence can result in severe sanctions under Michigan law.

For video evidence, preservation letters should be sent to:

• The at-fault driver's insurance company, demanding preservation of any vehicle telemetry or dashcam data
• Businesses near the accident scene that may have surveillance footage
• Government agencies operating traffic cameras at or near the scene
• The at-fault driver directly, if they had a dashcam

If a preservation letter is ignored and footage is destroyed, your attorney can file a motion under Michigan Court Rules asking the court to impose sanctions. These sanctions can range from an adverse inference instruction, which tells the jury to assume the destroyed footage would have been unfavorable to the destroying party, to case-dispositive sanctions in extreme cases of intentional destruction.

When a party refuses to voluntarily produce footage, your attorney can issue a subpoena duces tecum under MCR 2.305, compelling production of the video. For pre-suit situations, a petition to preserve evidence under MCR 2.316 may be appropriate to obtain a court order before the formal lawsuit is filed.

Authentication Requirements for Court

Video evidence does not automatically become admissible at trial simply because it exists. Under Michigan Rule of Evidence 901, evidence must be authenticated before a jury can consider it. Authentication means proving that the video is what it purports to be, namely an accurate and unaltered recording of the events depicted.

To authenticate video evidence in Michigan courts, you typically need:

• A witness who can identify the scene, confirming that the video accurately depicts the location where the accident occurred
• Evidence of the recording system's reliability, such as testimony from the system operator about how the camera functions, its maintenance history, and its recording accuracy
• Chain of custody documentation showing who handled the footage from the moment of recording through its presentation at trial, establishing that no alterations occurred
• Metadata verification including timestamps, file creation dates, and file integrity checks that confirm the recording has not been modified

This is why preserving the original file with its metadata intact is essential. If you download surveillance footage and save only a compressed copy, the defense may argue that the conversion process could have introduced alterations, undermining the video's reliability.

Michigan Electronic Evidence Rules

Michigan adopted amendments to its court rules addressing electronically stored information (ESI), which includes digital video footage. Under MCR 2.302(B), parties can request production of ESI in discovery, and the requesting party can specify the format. MCR 2.313(D) addresses sanctions for failure to preserve ESI, providing that absent exceptional circumstances, a court may not impose sanctions for failure to preserve ESI lost through routine, good-faith operation of an electronic system.

However, this safe harbor disappears once a party has notice of potential litigation. After an accident, once an insurance claim is filed or a preservation letter is sent, the routine deletion defense no longer applies. This is precisely why your attorney sends preservation demands immediately, to eliminate any good-faith argument for destroying footage.

For dashcam and surveillance evidence specifically, Michigan courts have increasingly recognized the importance of digital video in resolving factual disputes. The Michigan Supreme Court has held that the best evidence rule under MRE 1001-1008 applies to recordings, meaning that the original recording or an accurate duplicate is required, and that a party cannot simply describe what a video showed without producing the video itself when it is available.

Working with an experienced personal injury attorney ensures that video evidence in your case is properly preserved, authenticated, and presented to maximize its impact on your claim. The window for preserving this evidence is narrow, often just days, making immediate legal consultation essential after any accident where video may exist.