How to Get Surveillance Footage After a Car Accident in Illinois

If you’ve been in a car accident in Illinois, video can be the difference between a “he said, she said” dispute and a clear, persuasive account of what really happened. Intersection red-light cameras, city safety cameras, traffic management feeds, police dash and body-worn cameras, business security systems, doorbell cams, rideshare and truck dashcams, all of these may have captured crucial seconds before, during, or after the impact. The challenge is finding the right source fast, asking the right way, and using the right legal tools so the footage isn’t overwritten.

In this blog, we walk you through where to look, how to request video (public and private), legal rules and deadlines that matter, and what to do if footage is lost or destroyed.

Why Video Evidence Matters After a Car Accident

According to the Illinois Department of Transportation, Illinois saw 299,133 reportable crashes in 2023, with 87,573 injuries and 1,240 deaths. In a high-volume crash environment like this, objective evidence, especially video, can quickly clarify fault, sequence of events, speed, signal phases, and whether a driver stopped, yielded, or used lights. It can also corroborate witness accounts and strengthen negotiations with insurers or at trial.

First Things First: Move Fast

Most video systems auto-delete on a loop. Depending on the owner and purpose, recordings may be retained for only days or weeks unless they’re “flagged” or placed on a legal hold. For example, Chicago’s Office of Emergency Management & Communications (OEMC) notes that blue-light/POD public safety cameras commonly retain video for up to 30 days, while some city departments may keep certain categories as little as 3, 15, or 30 days absent a preservation request. Police body-worn and in-car video are governed by statute and policy. The bottom line: the sooner you identify and notify the right custodian, the better your odds that the footage still exists.

Quick actions you (or your lawyer) should take within days:

• Pinpoint exact time, date, and location (intersection, direction of travel, lane).
• List likely cameras (intersection enforcement, city safety cams, nearby storefronts, doorbells, buses, rideshare/trucking dashcams).
• Send preservation letters (a/k/a litigation-hold letters) to public bodies and private owners.
• File targeted FOIA requests for public-agency video.
• If litigation is filed, serve subpoenas for non-party production.
• If you don’t yet know the responsible party, consider a pre-suit discovery petition.

Where Footage Might Be (and How to Ask)

1) Public-Sector Sources

a) Chicago/OEMC and Local Police Cameras
Many Illinois cities, especially Chicago, operate public safety camera networks. For example, OEMC policies indicate retention windows measured in days, not months. Request swiftly and specifically; where a formal records request is needed, use FOIA (more on FOIA below). If police responded, there may be dashcam and body-worn camera files, each with its own rules.

b) Red-Light & Speed Cameras
Automated enforcement programs capture short video clips and stills of alleged violations and are authorized by Illinois law (e.g., red-light and speed enforcement programs in specified jurisdictions). These systems are managed by municipalities (often via vendors), and their purpose is enforcement, not continuous roadway surveillance, so footage is event-driven and retention is tied to citation processes. Still, you can FOIA the municipality for a specific incident at a specific intersection and time.

c) State Traffic/Operations Cameras
Transportation Management Center (TMC) cameras are typically designed for real-time traffic management and often are not recorded. National FHWA research notes many agencies avoid recording altogether for legal and policy reasons; where recordings exist, retention varies widely. If you suspect a state camera had recording capability, FOIA the operating agency (e.g., IDOT) immediately, but manage expectations.

d) Police Dashcam & Body-Worn Cameras
Illinois law treats dashcams and body-worn cameras as public records, with special rules. The Law Enforcement Officer-Worn Body Camera Act requires body-cam recordings be retained at least 90 days, with longer retention for “flagged” incidents (e.g., use of force, arrest, death or great bodily harm). In-car video is retained under the same timetable as body-cam files by statute for the Illinois State Police. FOIA can be used to request these records, subject to redactions and exemptions.

2) Private-Sector Sources

a) Business Security Cameras (stores, gas stations, apartments)
These are often the best angle on a crash near driveways, parking-lot exits, or corner storefronts. Retention varies by system, some overwrite in days. Make a polite, specific request and follow up with a preservation letter. If the owner is reluctant, your lawyer can subpoena the footage once a case is filed.

b) Residential/ Doorbell Cameras
Doorbell systems (e.g., units on townhomes facing the street) may capture approach speeds, lane position, and secondary impacts. Move quickly to identify addresses; a respectful outreach plus a preservation letter improves cooperation.

c) Dashcams (Rideshare, Commercial Trucks, Nearby Drivers)
Trucks and rideshare vehicles frequently run dashcams. If you have a plate, your lawyer can use discovery to determine the vehicle’s owner/employer and seek the footage.

Using FOIA to Request Public-Agency Video

Illinois’ Freedom of Information Act (FOIA) lets you request public records from state and local agencies. Agencies must respond within five business days (with a possible five-day extension for defined reasons). A proper FOIA request is your primary tool for OEMC/municipal camera files, police dashcam/body-cam, 911 audio, and certain traffic-enforcement clips.

FOIA basics:

• Who to ask: The agency that owns or operates the camera (e.g., City of Chicago OEMC, local police department, IDOT, a county sheriff). Check each agency’s FOIA webpage for submission instructions.
• Be precise: Provide date, exact time (to the minute if possible), intersection, direction of travel, lane, and any incident or RD number. Overbroad requests risk being denied as “unduly burdensome.”
• Expect exemptions/redactions: Some body-cam footage may be withheld unless it falls into statutory release categories; agencies may redact faces, license plates, or interiors that implicate privacy.
• Follow up: If you receive a denial you believe is improper, you can seek review by the Public Access Counselor at the Illinois Attorney General’s Office.

Legal Tools Beyond FOIA

Preservation (Spoliation) Letters

Send a written, specific preservation letter to any likely custodian (agency, business, trucking company, rideshare, property owner). Illinois recognizes negligent spoliation under ordinary negligence principles. If a party with a duty to preserve destroys material evidence, even negligently, you may have a separate claim or seek sanctions.

Subpoenas for Non-Parties (After Filing Suit)

Once litigation is filed, Illinois Supreme Court Rule 204 allows subpoenas to non-parties for documents and ESI (including video). At trial, Rule 237 governs subpoenas to appear and produce. These are powerful tools to compel reluctant custodians to turn over footage.

Pre-Suit Discovery (If You Don’t Know Who Has It)

If you don’t yet know who to sue (for example, you need video to identify the at-fault vehicle), Illinois Supreme Court Rule 224 permits a pre-suit petition to discover the identity of responsible persons or entities, often used to obtain limited records that reveal a target defendant.

What If the Agency Says “We Don’t Record”?

Don’t assume you’re at a dead end. Many transportation cameras aren’t recorded (by design), but other sources nearby may be:

• Look for automated enforcement cameras at the same intersection (violation-triggered clips).
• Check adjacent storefronts and residences; request politely and follow with a preservation letter.
• Ask police for dashcam/body-cam from responding units and 911 audio; both are records generally subject to release (with redactions).

Using Footage Once You Have It

• Back it up immediately (original + working copy).
• Document chain of custody (who downloaded, when, hash value if available).
• Capture metadata and signal-phase data where relevant (red-light systems log yellow/red timing and create a short violation clip).
• Transcribe key moments and create stills for demand letters and mediation briefs.
• Authenticate: get a custodian affidavit when possible; Illinois Evidence Rules allow admission with proper foundation.

What If the Footage Was Destroyed?

When a person or entity had a duty to preserve evidence (because litigation was reasonably foreseeable or because of a specific request/policy) and destroys it, Illinois allows claims or sanctions for negligent spoliation under common-law negligence principles. Courts can also impose evidentiary sanctions, including adverse-inference instructions, for parties who fail to preserve relevant evidence.

Frequently Asked Questions about Surveillance Footage After a Car Crash

Is red-light/speed camera footage always available?
No. These systems typically record only when a violation is triggered and are maintained for enforcement, not continuous archival surveillance. You may still obtain a specific clip tied to a time/location through the municipality (often via FOIA), but continuous “traffic cam” footage often doesn’t exist.

Can I FOIA police body-cam video of my crash?
Yes, but there are special rules. Illinois FOIA exempts certain body-cam recordings unless they fall into statutory release categories (e.g., use of force, arrest, death/great bodily harm) or you are the subject of the encounter. Even when disclosable, agencies may redact private information.

What happens if a business ignores my request and overwrites the video?
If the business had notice and a duty to preserve (e.g., a preservation letter) and still destroyed the video, you may seek sanctions or bring a negligent spoliation claim depending on the circumstances.

Do I have to file a lawsuit to get private security footage?
Not always. Many owners cooperate voluntarily. If they refuse, a subpoena (after filing) or a Rule 224 petition (pre-suit identity discovery) may be used to obtain or preserve key evidence.

Contact the 5-Star Rated Illinois Car Accident Lawyers at John J. Malm & Associates

Securing surveillance footage after a car accident in Illinois can be complex, time-sensitive, and frustrating, but it may be the most critical piece of evidence in proving your case. Between strict retention policies, legal hurdles, and uncooperative parties, it’s easy to lose valuable video unless you act quickly and strategically. At John J. Malm & Associates,our team of top-rated Illinois car accident attorneys has extensive experience obtaining, preserving, and using video evidence to protect our clients’ rights. We know where to look, how to make the right legal requests, and how to hold parties accountable if evidence is mishandled or destroyed.

If you or a loved one has been injured in a car accident, don’t wait until crucial footage is lost, contact our firm today for a free consultation. We will act immediately to preserve evidence, build your case, and fight for the justice and compensation you deserve.