At the Law Offices of Leonard J. Valdes, we’ve seen how carefully preserved and authenticated video evidence, whether from dashcams, store surveillance, or mobile recordings in Florida, can influence outcomes in personal injury cases, including car accidents, truck crashes, Uber or Lyft incidents, pedestrian or bicycle accidents. It can shift fault, expose inconsistencies, and strengthen your claim’s credibility. But video alone won’t carry weight. What matters most is how you preserve it, authenticate it, and present it so judges, juries, insurers, and opposing counsel accept it.
In this post, we’ll walk through the types of digital evidence used in South Florida personal injury cases and the challenges each may bring, from limited angles or no audio to risks of deletion or tampering. Then we’ll explain how Florida law treats that evidence in court, share best practices for protecting recordings, and show what to do if you already have or suspect footage exists in your case. Understanding these rules the right way can give your claim a meaningful edge.
Let’s begin by examining the common video sources in Florida injury claims and the limitations you should anticipate.
Why Digital Evidence Holds So Much Weight
Video or photographic evidence often speaks louder than words. When properly preserved and presented (if admissible), it can:
- Reinforce your version of events: timing, trajectory, and context.
- Contradict statements by witnesses or defendants.
- Reveal details missing from police reports, like brake light usage, road conditions, driver actions.
- Encourage insurers and opposing parties to take your claim more seriously.
In short, admissible video often becomes foundational to proving fault and damages.
Types of Digital Evidence in South Florida Personal Injury Claims
Here are common video sources, with their strengths and where they may fall short:
- Dashcams / Vehicle Cameras: Because they record continuously, these can capture sequences leading up to or including a crash. Limitation: limited field of view or blind spots.
- Store, Traffic, or Security Surveillance: Fixed systems near roads or intersections, particularly in bustling areas in Miami, Homestead, Hialeah, and across South Florida, often record adjacent activity. Limitation: low resolution, obstructed views, short retention periods, or risk of video being overwritten.
- Smartphone / Bystander Video: Useful to fill gaps or document aftermath events. Limitation: shaky footage, poor lighting, or missing critical moments.
- Other Devices: Doorbells, body cams, wearables, or vehicle internal systems may catch relevant footage. Limitation: inconsistent quality, limited context, or unreliable sensors.
Legal Rules & Limitations in Florida
Having reviewed the possible video sources and their downsides, now let’s see how Florida law treats that evidence in court:
Authentication (§ 90.901)
Under § 90.901, authentication or identification is required before evidence can be admitted. Someone with personal knowledge must present proof that the video accurately depicts what it claims.
Duplicates vs. Originals (§ 90.952 / § 90.953)
Florida law generally requires an original recording under § 90.952. However, § 90.953 permits a duplicate when authenticity is not genuinely disputed and admitting it would not be unfair. In practice, a properly maintained duplicate often suffices unless the defense raises a credible challenge.
Privacy, Audio & Recording Law (§ 934.03)
Florida’s § 934.03 prohibits intercepting or recording a private oral communication without the consent of all parties. Audio from a private conversation recorded without consent may be excluded or penalized. Video recorded in public spaces, such as roads or sidewalks, is more likely to be admissible, provided it does not record a private conversation without consent. The key questions are whether the communication was private, whether a reasonable expectation of privacy existed, and whether all parties consented.
Probative vs. Prejudicial ( § 90.403 )
Even when authenticated, a judge may exclude video if its probative value is outweighed by risks of confusion, unfair prejudice, or misleading the jury. Judges must balance relevance against harm under § 90.403.
Disclosure & Sanctions
In Florida civil cases, failure to timely disclose or produce video evidence can result in exclusion or other sanctions, though courts exercise discretion. Attorneys address this risk by issuing preservation letters promptly, ensuring that important evidence remains available for disclosure.
Steps to Help Your Video Evidence Stand Up
Here’s what you should do early to maximize your chances:
- Back up the original recording immediately, as many systems automatically overwrite old footage.
- Preserve the unedited original version, along with metadata (timestamps, GPS, etc.); avoid compressing or uploading altered versions.
- Document the chain of custody: record who accessed or transferred the file and when.
- Collect witness statements early, particularly from those who saw the event or can confirm what the footage shows.
How a Lawyer Turns Digital Evidence Into Strength
Even compelling footage can be challenged. A skilled personal injury attorney will:
- Work with forensic experts to verify authenticity, detect tampering, or recreate viewpoints.
- Send preservation letters to stores, traffic agencies, or property owners who may hold video.
- Combine the video with medical records, crash reconstructions, and other evidence.
- Anticipate and counter defense objections on chain of custody, editing, relevance, or prejudice.
- Format the video cleanly, tie it to qualified testimony, and integrate it into your case presentation.
- Evaluate whether the cost of forensic review is justified by likely benefit.
Common Pitfalls & Illustrative Scenarios
- A dashcam may miss a side angle or rear impact.
- Footage may be overwritten before you know it exists.
- A party may withhold footage and reveal it late, risking exclusion.
- A bystander video capturing private audio without consent may have that portion excluded.
These examples show that having video alone isn’t enough – it must survive legal scrutiny.
What You Should Do Right Now
- Save the original recording and make secure backups.
- Do not compress, edit, or post it publicly.
- Send a certified written request to any entity (store, traffic office, property owner) that may hold relevant footage.
- Keep a detailed log of communications, file requests, and transfers.
- Contact an experienced South Florida personal injury lawyer who can evaluate whether your video meets legal standards, guide further evidence gathering, and handle disclosure or challenge issues.
Protect Your Case With Video Evidence: Call Valdes Law Today
If your crash occurred in Miami-Dade, Broward, Coral Gables, Hialeah, Homestead, or anywhere across South Florida, acting early on dashcam or surveillance footage may make a critical difference. Video from dashcams, store cameras, or mobile devices can be persuasive, but only when handled properly. Mistakes like late preservation, weak chain of custody, or failure to disclose can render even strong footage unusable.
If you have video evidence or believe one exists, the Law Offices of Leonard J. Valdes can assess whether your recording strengthens your claim, guide the preservation process, and help put every advantage in your corner. Contact us today for a free, confidential evaluation. We’re ready to help.
Disclaimer: This blog is for informational purposes only and does not create an attorney-client relationship or constitute legal advice. If you need legal help, please contact our firm directly.