- What should you do immediately to secure CCTV or traffic-camera footage after a California car accident?
- How fast do you need to act, and how long do cameras keep footage in California?
- Where can California crash video come from, and who controls it?
- How do you request public-agency video under the California Public Records Act?
- How do subpoenas work to get CCTV in a California civil case?
- What is a preservation letter and why send one right away?
- How do you authenticate and admit surveillance or dashcam video at trial?
- How is video evidence used in negotiating with insurance companies?
- What city-specific tips apply in Los Angeles, San Francisco, Sacramento, and more?
- What common mistakes should you avoid when seeking crash video in California?
- FAQs: quick answers about requesting crash video in California
- How can GoSuits help you obtain and use crash video right now?
- Where can you find credible resources and forms?
What should you do immediately to secure CCTV or traffic-camera footage after a California car accident?
If you were involved in a California car crash, video can make or break your civil injury claim. Street cameras, store CCTV, residential doorbells, and dashcams can clarify fault, speed, signal phases, and roadway conditions. Because many systems overwrite quickly, time matters.
- Call 911 and get medical care first. Your health comes first. If police respond, ask where nearby traffic or city cameras are positioned and note any officer body-worn or in-car cameras that may have captured the scene. California crash reports are generally released only to involved persons and their representatives under Vehicle Code section 20012, which can be useful later in locating potential video sources (Cal. Veh. Code § 20012).
- Identify potential cameras. Look for corner businesses, parking garages, gas stations, transit stops, and residences with doorbell devices. In Los Angeles, San Diego, San Jose, San Francisco, Sacramento, Orange County, Riverside, San Bernardino, Oakland, Fresno, Long Beach, and Bakersfield, many corridors have city traffic management cameras, and intersections may have red light enforcement systems.
- Photograph the scene and cameras. If safe, take clear photos of the intersection, storefronts, and any visible cameras. Note street numbers and business names.
- Ask politely for a copy. Sometimes a manager or property owner will voluntarily provide a clip or let you record the screen. If they decline, do not argue. Document their contact info for a formal request.
- Contact a California personal injury attorney quickly. Civil discovery tools in California, including preservation letters, public records requests, and deposition subpoenas for business records, are time-sensitive and have strict compliance requirements. Having counsel handle communications helps avoid mistakes that can harm your claim.
California continues to face a heavy traffic injury burden. Recent statewide figures show thousands of lives lost each year. California reported over 4,000 traffic fatalities in recent years, with 2022 data reflecting high totals comparable to prior years, according to state and federal agencies that track crash outcomes (California OTS; NHTSA FARS). Video often provides objective evidence to resolve liability disputes efficiently in this environment.
How fast do you need to act, and how long do cameras keep footage in California?
There is no single statewide retention rule for private CCTV or municipal traffic-management video. Retention varies by owner and system capacity. Some systems overwrite in days. A few key timing points:
- Act immediately. The safest approach is to request preservation within 24 to 72 hours of the crash, even though some systems store longer.
- Public agency retention depends on agency policy. Certain cities retain traffic-management videos for short periods or not at all. For example, Caltrans freeway cameras provide live traffic images and do not archive video for later retrieval, according to the Caltrans QuickMap program information (Caltrans QuickMap FAQ).
- Red-light enforcement imagery may be stored by the local agency or its vendor under signal enforcement rules, but availability can depend on whether an enforceable event was captured under Vehicle Code § 21455.5.
- Private businesses set their own retention schedules. Many overwrite on a rolling basis to manage storage. A prompt preservation letter often makes the difference.
Where can California crash video come from, and who controls it?
Crash video can originate from several places, each with different legal routes to access.
Can you get Caltrans freeway camera footage of a crash?
Caltrans provides live freeway camera feeds on QuickMap for traffic management, but does not record or archive the video for later retrieval (Caltrans QuickMap FAQ). That means you typically cannot obtain historical Caltrans camera footage after a collision. However, other freeway-adjacent sources may exist, like nearby business cameras facing an on-ramp, or CHP dashcam video if an officer’s vehicle camera captured the scene. CHP recordings, if they exist, are subject to the California Public Records Act with law enforcement exemptions described below.
Can you request city traffic-management or red-light camera videos?
Many cities across Los Angeles County, San Diego County, Santa Clara County, San Francisco, Sacramento, and elsewhere operate traffic-management networks to adjust signals and monitor flow. Availability of recordings varies. Some cities do not record. Others may retain short clips for maintenance, incidents, or enforcement. If the incident occurred at an intersection with a red-light enforcement system, the local agency or vendor may have still images or video. California courts have accepted properly authenticated red-light camera evidence for citations, which shows such systems can generate usable evidence when handled correctly (People v. Goldsmith, 59 Cal.4th 258; Veh. Code § 21455.5). For a civil case, you may seek these materials via a California Public Records Act request to the city or via subpoena if litigation is pending.
How do you obtain private business security video or residential cameras?
- Voluntary release. A store manager or homeowner can voluntarily provide a clip. Always document who you spoke with and when.
- Preservation notice. Send a written spoliation or preservation letter to the property owner or company quickly to put them on notice to retain the footage.
- Subpoena in civil discovery. If the property owner will not voluntarily share, California Code of Civil Procedure allows a deposition subpoena for business records to a nonparty for video recordings that show the incident (CCP §§ 2020.410–2020.440).
Is dashcam footage legal in California and how can it be used?
Dashcams are generally lawful if placed within the permitted windshield areas and do not obstruct the driver’s view, subject to Vehicle Code § 26708. Remember that California is an all-party consent state for recording confidential communications. Recording in-cabin audio without consent can implicate Penal Code § 632. For civil use, dashcam video of the roadway, signals, and other vehicles can be powerful evidence when authenticated properly as described below.
How do you request public-agency video under the California Public Records Act?
When a public agency likely holds video, a California Public Records Act (CPRA) request is often the first step.
What does the CPRA require and how long does an agency have to respond?
- Right to inspect or obtain copies. The CPRA grants the public the right to inspect or receive copies of non-exempt public records (Gov. Code § 7920.000 et seq.).
- Response deadline. Agencies must respond within 10 calendar days to say whether they have disclosable records, with a possible 14-day extension in unusual circumstances (Gov. Code § 7922.535).
- Format and fees. If the record exists in an electronic format, you may request it in that format when feasible.
What exemptions might block release of police or traffic video?
- Investigatory records exemption. Law enforcement investigatory records can be exempt from disclosure during active investigations (Gov. Code § 7923.600).
- Security and infrastructure. Agencies may withhold information where disclosure would jeopardize security or public safety (various CPRA exemptions).
- Body-worn/in-car videos. Certain critical incident recordings have specific release rules under state law, but routine accident footage may be withheld during active investigations. If withheld, request the agency to preserve and later disclose when the exemption no longer applies.
When an agency cites exemptions, you can ask for a written justification and for any reasonably segregable portions to be produced.
How do you frame a CPRA request for Los Angeles, San Diego, or San Jose?
Describe the timeframe, location, and camera as precisely as possible. Include cross-streets, direction of travel, lane, and the exact time window with time zone. Examples:
- Los Angeles: Submit through the City’s records portal and identify the Bureau that likely holds the video, such as Transportation or the Police Department, if applicable.
- San Diego: Use the City’s public records portal and specify Smart Streetlight or traffic-management sources if relevant.
- San Jose: File through the City’s CPRA page; specify intersection, camera location, and whether you seek traffic signal enforcement imagery.
Agency portals: Los Angeles CPRA portal; San Diego CPRA portal; San Jose CPRA info. Caltrans PRA requests can be made here: Caltrans CPRA Requests.
How do subpoenas work to get CCTV in a California civil case?
When the holder is a nonparty private business or a vendor that will not cooperate voluntarily, California’s deposition subpoena for business records is the standard route.
What subpoena do you use for a nonparty business’s camera video?
- Deposition subpoena for business records. Use a records-only subpoena to a nonparty custodian under CCP §§ 2020.410–2020.440. This compels the custodian to produce the recording without appearing for testimony.
- Notice and timing. Serve the subpoena with adequate time for compliance. California rules specify service and timing requirements for production. Include narrow date and time ranges to reduce burden.
- Format. Request the native digital file and metadata if available. If proprietary formats are used, ask for a player or a standard export.
- Witness fees. Follow applicable fee rules for records production. Be prepared to pay reasonable copying or extraction costs.
What if your case is in federal court in California?
Federal Rule of Civil Procedure 45 governs subpoenas to nonparties in federal court, including subpoenas for electronically stored information like video files. The rule includes protections for undue burden and permits production of ESI in specified formats (Fed. R. Civ. P. 45). If a nonparty fails to preserve ESI after receiving notice, a party may seek sanctions under Rule 37(e) when information that should have been preserved is lost (Fed. R. Civ. P. 37(e)).
What if the video contains someone’s personal or employment records?
California has special notice rules for consumer and employment records held by certain entities. For example, personal records of a consumer maintained by enumerated third parties require consumer notice under CCP § 1985.3, and employment records generally require notice to the employee and custodian under CCP § 1985.6. Plain exterior security footage of a storefront that depicts a public street usually is treated as a business record, but evaluate privacy and notice requirements on a case-by-case basis.
What practical steps help avoid objections and delays?
- Be specific. List the exact intersection, camera location, time window, and direction of view.
- Limit scope. Request only the relevant minutes around the crash to reduce burden and strengthen your position against objections.
- Offer protective measures. Propose redactions of faces or license plates if privacy is raised, and agree to reasonable protective orders when appropriate.
- Serve early. Send a preservation letter before the subpoena and serve the subpoena as soon as litigation begins.
What is a preservation letter and why send one right away?
A preservation letter (often called a spoliation letter) is a written notice to a potential evidence holder asking them to retain specific video and related data. The letter identifies the incident, the cameras involved, and the exact time window to preserve. This step is critical for CCTV held by businesses or apartment complexes, as many overwrite quickly.
What happens if a business deletes video after receiving notice?
California does not recognize a separate tort claim against a third party for spoliation of evidence, but courts can impose sanctions or other remedies in litigation. The California Supreme Court held in Cedars-Sinai that there is no independent tort for intentional third-party spoliation; remedies exist within the litigation, such as evidentiary inferences and discovery sanctions (Cedars-Sinai Medical Center v. Superior Court, 18 Cal.4th 1). California courts may impose discovery sanctions under CCP § 2023.030, and juries may draw inferences from a party’s failure to produce evidence under the Evidence Code.
Can a court instruct the jury about missing video in California?
Yes, courts may allow the jury to consider a party’s failure to produce evidence. The Evidence Code permits the trier of fact to consider the failure of a party to explain or produce evidence that the party could reasonably produce (Evid. Code § 413). Whether a specific adverse inference instruction is appropriate depends on the facts, including whether the party had notice to preserve. This is another reason to send prompt preservation notices to any holder of potential crash video.
How do you authenticate and admit surveillance or dashcam video at trial?
Video is powerful only if it is admissible and persuasive. California law provides several routes to authenticate and admit digital recordings.
What California Evidence Code rules apply to video evidence?
- Authentication is required before a writing or recording is received into evidence (Evid. Code § 1401). A video qualifies as a writing under California law (Evid. Code § 250).
- Secondary evidence rule permits admission of a copy or other evidence of the content of a writing unless a genuine dispute or inequity makes admission unfair (Evid. Code § 1521).
- Computer-generated images and prints can be proven like other writings, and printed representations of computer information or images are treated as originals under certain conditions (Evid. Code § 1552; § 1553).
- Probative value must outweigh risks of prejudice or confusion (Evid. Code § 352).
Who can authenticate the recording?
- Witness with knowledge. The person who installed or maintains the camera, or someone who viewed the scene and testifies that the video fairly and accurately depicts what it purports to show.
- Custodian of records. A business records custodian can authenticate the recording as a regularly kept business record, often through a custodian declaration served with a deposition subpoena for business records.
- Metadata or hash values. For digital files, technical data can support authenticity and chain of custody.
What about editing, redaction, and privacy concerns?
- Redactions of faces, license plates, or audio are common to address privacy issues while preserving relevant content.
- Protective orders can limit use and distribution of sensitive video to litigation only.
- Clips should be faithful. Avoid edits that could be seen as misleading. If speed calculations, timestamps, or overlays are added, disclose the method and consider using a qualified professional to explain the process.
How is video evidence used in negotiating with insurance companies?
Video helps resolve disputed fault, signal timing, lane changes, following distance, and driver behavior. In California civil claims, insurers evaluate liability and damages under the state’s comparative fault framework. A clear recording can:
- Accelerate liability decisions by showing who had the green, whether a driver failed to yield, or if unsafe speed was involved.
- Corroborate injuries by illustrating forces of impact.
- Refute defenses such as sudden emergency or unavoidable collision when the video contradicts those narratives.
Even when a case later proceeds to court in Los Angeles, San Diego, San Jose, San Francisco, Sacramento, Orange County, Riverside, San Bernardino, Oakland, Fresno, Long Beach, or Bakersfield, early video often narrows disputes and supports efficient resolutions. Always treat the clip as evidence from day one: preserve the original file, document chain of custody, and avoid alterations.
What city-specific tips apply in Los Angeles, San Francisco, Sacramento, and more?
- Los Angeles. Major corridors have business cameras at nearly every block. Move quickly to send preservation letters to corner stores, parking structures, and gas stations. Use the City’s CPRA portal to ask LADOT if an intersection management camera recorded. Specify that you seek any recordings from date and time X to Y that depict the crosswalk or travel lanes at [Intersection].
- San Diego. Smart streetlight and traffic network devices may have captured images around downtown and major arterials. If the San Diego Police Department investigated, a CPRA request can ask for in-car camera or other recordings, understanding investigatory exemptions may delay access.
- San Jose. The city’s technology footprint around downtown and near the SAP Center means many businesses have CCTV. Consider reaching out to arena-area vendors quickly.
- San Francisco. Dense commercial corridors in SoMa, the Financial District, and along Market Street have robust private CCTV coverage. Ask property managers for voluntary preservation and follow with a subpoena if needed.
- Sacramento. Government buildings and parking garages near the Capitol may have strict access protocols. Send precise preservation notices and be prepared for formal subpoenas.
- Orange County and Inland Empire. In Anaheim, Irvine, Riverside, and San Bernardino, business parks often maintain high-resolution exterior cameras. Identify the property management company as the likely custodian.
- Oakland, Fresno, Long Beach, Bakersfield. Industrial corridors and port-adjacent areas frequently rely on perimeter cameras. If a trucking or logistics facility may have relevant footage, address your preservation letter to the facility’s security director and registered agent if known.
What common mistakes should you avoid when seeking crash video in California?
- Waiting too long. Overwriting is common. Send preservation notices right away.
- Vague requests. Broad demands for any and all video invite objections. Be precise with camera location and timestamp.
- Ignoring privacy. Propose redactions and protective orders as needed to keep focus on the roadway and vehicles at issue.
- Relying only on Caltrans. Caltrans does not archive freeway camera video. Look to businesses, residences, and city enforcement systems.
- Altering files. Work from a forensically preserved copy. Do not compress, re-encode, or add overlays to the original.
- Attempting complex discovery alone. Subpoenas, notice statutes, and evidentiary rules are technical. Getting legal help early protects your case.
How can GoSuits help you obtain and use crash video right now?
When you need to request CCTV footage after a California car accident, timing and precision matter. Our civil practice focuses on helping injured people and families build strong cases with evidence that moves insurers, judges, and juries. A free consultation can clarify the steps to preserve and obtain video across Los Angeles, San Diego, San Jose, San Francisco, Sacramento, Orange County, Riverside, San Bernardino, Oakland, Fresno, Long Beach, and Bakersfield. We can contact businesses the same day, send preservation letters, and start the public records process without delay.
- Availability and communication. We are available 24/7 with immediate free consultations at any time. You can reach a California-focused GoSuits car accident lawyer and our dedicated staff day or night. We provide multilingual customer service with round-the-clock Spanish and Farsi speakers. Clients receive regular updates, and you can connect by phone, text, email, or video according to your preference.
- Fee policies and cost transparency. We operate with No win, No Attorney Fees. Learn more here: No win, No Attorney Fees. There are no hidden administrative fees, and we discuss case costs and how they are handled before any work begins, so you know what to expect.
- Tools and case workflow that help your claim. We built a proprietary personal injury case platform used only by our firm. This tool helps us move faster in investigating video sources, drafting targeted preservation letters, coordinating CPRA requests, and issuing compliant subpoenas. It also keeps negotiations, demand packages, and discovery on track. We are a law firm that leverages modern processes to stay ahead of common insurance tactics.
- Experience and track record. Our team brings 30 years of combined experience and has litigated more than 1,000 cases, with settlement and verdict results published on our website. See examples here: GoSuits prior cases. In complex matters such as product liability, 18-wheeler collisions, and cases involving brain or spinal injury, we hire qualified professionals in the state to analyze and testify as needed to establish liability and damages. We litigate severe injury and complex civil cases in Texas, California, and Illinois.
- Awards. Our work has been recognized with honors that include Number 1 settlements and verdicts across multiple U.S. counties by TopVerdict, a Top 100 Settlement in Texas, National Trial Lawyers Top 40 under 40 for Sean Chalaki, recognition by Best Lawyers in 2023, 2024, and 2025, and Super Lawyers since 2021. Awards are not a guarantee of outcome, but they reflect the sustained effort we bring to each case.
- Community involvement. We are active in schools, chambers of commerce, and local non-profit foundations. Team members serve on boards of trial lawyer organizations such as the Texas Trial Lawyers Association and participate in consumer protection groups that advocate for safer roads and fair treatment.
- Not a volume firm. We emphasize quality legal services over volume. That means we take the time to identify every potential video source, from corner stores to municipal systems, and we follow through with the correct legal process for each.
- Immediate help and locations. We have attorneys and staff at all of our office locations ready to help 24/7. If your crash occurred in California, we can quickly coordinate in-person evidence checks near the scene, including outreach to businesses in Los Angeles, San Diego, San Jose, San Francisco, Sacramento, Orange County, Riverside, San Bernardino, Oakland, Fresno, Long Beach, and Bakersfield. We can begin with a same-day call to potential custodians and launch CPRA requests to the relevant agencies.
From day one, we focus on preserving and obtaining the recordings that can support your claim, presenting them in a clear, admissible format, and using them effectively in negotiations or, when needed, in court.
References and resources
- California crash statistics: California Office of Traffic Safety; NHTSA Fatality Analysis Reporting System.
- Caltrans cameras and records: Caltrans QuickMap FAQ; Caltrans CPRA Requests.
- California Public Records Act: Gov. Code § 7920.000 et seq.; response timelines at Gov. Code § 7922.535; investigatory exemption at Gov. Code § 7923.600.
- California Evidence Code: Authentication § 1401; definition of writings § 250; secondary evidence § 1521; computer images § 1552 and § 1553; probative vs. prejudice § 352; inferences from missing evidence § 413.
- California discovery and subpoenas: Deposition subpoenas for business records CCP §§ 2020.410–2020.440; discovery sanctions CCP § 2023.030; consumer records CCP § 1985.3; employment records CCP § 1985.6.
- Federal discovery rules: Subpoenas Fed. R. Civ. P. 45; ESI spoliation Fed. R. Civ. P. 37(e).
- Dashcam and privacy statutes: Windshield obstruction Veh. Code § 26708; two-party consent for audio Pen. Code § 632.
- Police reports access: Veh. Code § 20012.
- Red-light camera law and case: Veh. Code § 21455.5; People v. Goldsmith.
- Spoliation and remedies: Cedars-Sinai Medical Center v. Superior Court.
FAQs
Can I demand private CCTV without a lawsuit?
A private property owner does not have to release footage without a legal obligation. Some will cooperate voluntarily. Otherwise, once litigation begins, a deposition subpoena for business records under CCP §§ 2020.410–2020.440 is standard.
How do I get traffic camera video from a California city?
Submit a CPRA request to the city department likely to hold the video. The agency must respond within 10 days, subject to limited extension, and will either provide records, cite exemptions, or explain if no records exist (Gov. Code § 7922.535).
Do freeway cameras keep recordings?
Caltrans freeway cameras generally do not keep recordings for later retrieval. They provide live traffic images only (Caltrans QuickMap FAQ).
Is dashcam video admissible?
Yes, if authenticated and relevant. California Evidence Code provisions govern admissibility and require a proper foundation (Evid. Code § 1401; § 352).
What if the police have video but will not release it?
Law enforcement investigatory records may be exempt while an investigation is active (Gov. Code § 7923.600). Ask the agency to preserve the video and produce it when the exemption no longer applies. If litigation is filed, discovery mechanisms may provide alternate routes.
Can a jury be told that missing CCTV was destroyed?
Courts may allow the jury to consider a party’s failure to produce evidence under Evidence Code § 413, depending on the circumstances and whether there was a duty to preserve (Evid. Code § 413).
Does California law limit windshield placement for dashcams?
Yes. Dashcams cannot obstruct the driver’s view beyond permitted areas described in Vehicle Code § 26708. Also consider consent rules for audio under Penal Code § 632.