What if someone filmed the accident but won’t share it?
Emery Brett Ledger's Answer
Full Transcript
Below is an AI-generated transcript of the video answer.
Hi, I'm attorney Emery Ledger. I've practiced law for over 28 years and I'm licensed in California,
Washington, and Texas. What if someone filmed your accident but they won't share it? First,
do not assume that means the evidence is gone and do not assume that one person gets to decide
whether the truth ever comes out. In a civil case, there are formal tools to try to obtain evidence.
California courts recognize discovery as the process used to get information and
evidence from parties and other people, and subpoenas can be used to require a non-party
witness to appear and bring documents, electronically stored information, or other
things. So a bystander's refusal does not automatically end the story. What matters
is what you do next. If you know someone recorded the collision, get whatever identifying information
you can. A name, a phone number, a license plate, a social media account. If the video was posted
anywhere, take screenshots right away. Make a note of where that person was standing and what they
likely captured. Do not get into an argument. Do not threaten them. Do not make a bad situation
worse. Just document what you can and move. The reason timing matters is simple. Evidence is
easier to chase when the trail is still fresh. A lawyer may be able to use discovery or a subpoena
to try to obtain relevant footage, but those tools work best when people, accounts, and evidence have
been identified early. So the takeaway is this. If someone filmed your accident and won't cooperate,
that is not the time to shrug and hope it works itself out. That is the time to act intelligently,
preserve what you know, and speak with a personal injury lawyer. Because sometimes that one video is
the difference between a denied claim and a case that gets taken seriously. If you have questions
after an accident, contact the Ledger Law Firm at 800-300-0001 or visit www.ledgerlaw.com.
We'd be happy to talk with you.