Why Video Preservation Matters Now!
When I talk to clients these days, one theme comes up again and again: video preservation matters now. And I can’t say this strongly enough — don’t delete your accident video. We’re living in a world where everything is recorded — doorbell cameras, dash cams, store surveillance, red-light cameras, body cams. If something happens, chances are somewhere a camera saw it. And once a claim is foreseeable, securing that footage becomes critical.
The New Reality: Everything Is On Camera
I said this recently in a video I recorded:
“Video evidence is more common now than any other time in human history… today many people tell me they have a recording or believe—correctly or incorrectly—that there is a recording somewhere out there.”
They’re not wrong. When I started practicing law, video evidence of an accident was lucky-day rare. Now, clients walk into my office assuming a recording exists. And they’re right to think that way — video preservation matters now, and acting quickly can make or break a case.
Your Duty to Preserve Video—Even If You’re At Fault
One of the biggest misconceptions is that only the “innocent” party must preserve video. Not true.
If you run a red light and your dash cam recorded it, you still must save that footage. New York law requires preservation when a claim is foreseeable — and that duty doesn’t depend on who was right or wrong.
And I’ll be blunt: deleting potentially incriminating footage can be a crime. I’m not here to scare anyone, but it’s the truth. If you record your daily life, understand that you’re responsible for preserving footage when an incident occurs.
If you want to read more about how New York treats spoliation (the destruction of evidence), here’s a helpful overview from the NY Courts.
Why Acting Fast Is Everything
If someone comes to me right after their accident or fall, my first move is sending a letter of representation. Nearly every attorney does this. That letter doesn’t just announce we’re representing the injured person — it formally instructs the property owner or other party to:
- Preserve any video, and
- Disable auto-deletion settings on their system
Most security systems delete recordings automatically after a week or a month. You’d be shocked how many crucial videos vanish simply because no one asked for them in time.
Acting fast doesn’t always produce the video itself — but it does establish a record that someone was told to preserve it. That matters if the video is later “lost.”
When a Video Goes Missing
If we did everything right — sent letters, notified the right people, acted quickly — and the video still disappears, the legal doctrine of spoliation comes into play.
A judge can impose penalties on the party who lost or destroyed the footage, ranging from mild sanctions to, in extreme cases, a default judgment in favor of the injured person. Those extreme outcomes are rare, but they exist for a reason: video evidence is powerful, and losing it can severely damage a case.
For anyone who wants a deeper dive into how courts approach spoliation issues, this article from Nolo gives a good plain-English overview.
Bottom Line
I tell every client the same thing: when something happens, act quickly and preserve everything. Video can be the difference between uncertainty and clarity, between a disputed narrative and the truth.
Because at the end of the day, video preservation matters now, and protecting that evidence is often the first step toward protecting your rights.
If you think your accident was recorded — or even if you’re not sure — reach out. I can help you figure out the next steps.
About Bryan Schneider
Bryan Schneider is a Hudson Valley personal injury attorney with MidHudson Injury Law. He represents clients throughout New York in negligence, product liability, motor vehicle and construction accidents, dog bites, and more. To see a full list of areas of service, visit the website.