How Long Do Traffic Cameras Keep Accident Footage in West Virginia?

Traffic camera footage may help with your car accident claim, but you need to act quickly to retrieve it. If you were injured in a car accident, call the experienced injury attorneys at Miley Legal – we can help you get the evidence you need. Whether your crash happened at a busy intersection or along a dangerous stretch of highway, we will help you fight for a fair settlement.

You Typically Have 30-60 Days To Retrieve Traffic Camera Footage

How long this footage is kept varies depending on which agency or entity is operating the camera. There is no statewide mandate in West Virginia for how long traffic camera recordings remain available. Government-operated cameras from the Department of Transportation (DOT)  retain footage for about 30 to 60 days. But after this window closes, the system overwrites or deletes the recordings to make room for new data.

And if you are relying on footage from nearby businesses along a commercial route, you may have even less time. It all depends on the storage limitations of the CCTV system. If you have been in an accident and need security or video footage, contact our car accident attorneys in Charleston, WV today.

How Common are Traffic Cameras in West Virginia?

Traffic cameras are fairly common in high-traffic areas and along major highways. The WVDOT operates cameras to monitor road conditions, traffic flow, and accidents, and you’ll often find them along major routes like I-64, I-77, and I-79. Most of them will be around interchanges by Charleston, Huntington, and Morgantown because of the higher population density.

Keep in mind that West Virginia has been slower to adopt red-light cameras compared to other states. If you’re at a busy intersection that isn’t in one of our main population hubs, your best bet for getting footage is likely from cameras managed by local businesses, gas stations, and security systems. If you are in the right frame of mind after the accident occurs, look around for locations where there may be cameras, or drivers who appear to have a dashcam. But if you were dazed or injured, we understand – and we can revisit the scene with you.

Can You Use This Footage To Support Your Claim?

If the at-fault driver in your car accident disputes liability, recordings may show important details like the direction of travel, speed, moment of impact, or infractions – for instance, the footage may confirm that a driver ran a red light or failed to stop at an intersection.

You or your attorney must first determine who operates the camera, if you find one nearby. For government-run cameras, we will need to submit a formal request through the Freedom of Information Act. If there’s a privately owned camera nearby, we can reach out to the owner to secure valuable footage to use in insurance negotiations or a lawsuit.

Traffic Camera Footage and Insurance Companies

Insurance companies rely heavily on police reports to establish fault, and witness statements and photos are also important. But sometimes there are discrepancies that place fault unfairly on your shoulders.

For example, if the other driver claims you ran a red light, but the footage clearly shows otherwise, you will want to get traffic camera footage that can prove the other driver wrong and clear your name. Footage can also clean up misleading witness statements or incomplete police reports.

Insurers don’t always make it easy though. They may challenge the footage’s authenticity. And that’s where the skilled team at Miley Legal can help.

Usage of Traffic Camera Footage in West Virginia Courts

Traffic camera footage is admissible as evidence in West Virginia courts if it is relevant to the case, authentic, and reliable. In most situations, the video serves as objective evidence that can support your version of events.

For instance, if your case goes to court, the footage may show the at-fault driver speeding, swerving, or ignoring traffic signals. The judge and jury will view this footage and draw conclusions accordingly.

However, your attorney must show how the recording was obtained, confirm it hasn’t been tampered with, and make sure it aligns with the details of your accident. And even if the footage is blurry or incomplete, a skilled attorney can use it alongside accident reconstruction reports or witness testimony.

Hurt in an Accident? Call Miley Legal

Do not fight your insurance company or the at-fault driver alone. Miley Legal has served victims in West Virginia since 2006, and Attorney Tim Miley has been practicing personal injury law for over 30 years. For your complimentary consultation, call our West Virginia car accident lawyers today.