When you are injured in an accident, the strength of your claim often depends on the quality of the evidence gathered in the days and weeks that follow. Whether the accident happened on the road, in a workplace, in a public place, or in a medical setting, having clear and reliable evidence makes it significantly easier to establish what happened, who was responsible, and how the injury has affected you. At Michael Boylan Litigation, we know that gathering evidence can feel overwhelming, especially when you are recovering from an injury. This page sets out the key types of evidence that support personal injury claims in Ireland, and explains how to collect and preserve them.
Why Evidence Is Important in a Personal Injury Claim
In any personal injury claim, you need to demonstrate that someone else's negligence (a failure to take reasonable care) caused your injury. Evidence is what allows you and your solicitor to build that case. The Injuries Resolution Board, insurers, and the courts all rely on evidence to assess claims and determine compensation.
The strongest claims are supported by multiple types of evidence working together. A medical report confirms the injury. A photograph shows the hazard. A witness confirms what they saw. CCTV or dashcam footage captures the incident itself. Each piece reinforces the others.
CCTV Footage
CCTV footage is one of the most powerful forms of evidence in a personal injury claim. It provides an objective, real-time record of what happened, removing any ambiguity about the circumstances of the accident.
How to Identify Relevant CCTV
After an accident, it is worth thinking about which cameras may have recorded the incident. Potential sources include:
Business premises: Shops, petrol stations, restaurants, pubs, and hotels.
Public spaces: Local authority cameras, bus stops, and train stations.
Transport operators: Dublin Bus, Luas, Irish Rail, and private bus companies.
Residential properties: Doorbell cameras and home security systems.
Workplaces: Internal CCTV in offices, warehouses, factories, and hospitals.
If you are able to, note the locations of any cameras you see near the accident scene as soon as possible after the incident.
How to Request CCTV Footage (Subject Access Request)
Under GDPR Article 15, any person whose image appears in CCTV footage has the right to request a copy. This is known as a Subject Access Request (SAR). You do not need to be making a legal claim to exercise this right, and the request is free of charge.
To make a Subject Access Request:
Write to the data controller: This is the business, organisation, or individual who operates the camera. Your request should be in writing (by letter or email).
Include key details: Your name, the date and approximate time of the incident, and a description of where you were in relation to the camera.
State that it is a Subject Access Request under the GDPR.
The data controller must respond within one month. If they fail to do so, you can raise a complaint with the Data Protection Commission.
Your solicitor can also make this request on your behalf, which can be particularly helpful if the data controller is uncooperative.
CCTV Retention Periods
This is one of the most important things to be aware of. Most businesses in Ireland retain CCTV footage for approximately 14 to 30 days before it is automatically overwritten. Some organisations may retain footage for shorter periods.
This means that acting quickly is essential. If you delay, the footage may no longer exist by the time you request it. Even if you are unsure about making a claim, submitting a Subject Access Request promptly preserves the evidence for the future.
Dashcam Footage
Dashcam recordings have become increasingly common in Ireland and can be invaluable evidence in road traffic accident claims. A dashcam captures a continuous, real-time record of events from the driver's perspective.
Preserving Your Own Dashcam Recording
Most dashcams use loop recording, which means the device continuously records over the oldest footage once the memory card is full. After an accident, there is a real risk that the relevant recording will be overwritten if you do not act quickly.
To preserve dashcam footage:
Remove the SD card from the dashcam as soon as it is safe to do so.
Copy the files to a computer or cloud storage before reinserting the card.
Do not edit, crop, or compress the footage. The original, unaltered file carries more weight as evidence and retains important metadata (information embedded in the file, such as the date, time, and duration of the recording).
Requesting Dashcam Footage From Others
If another driver, passenger, or bystander had a dashcam running at the time of the accident, you can ask them to share the footage. If they are unwilling, your solicitor can take steps to obtain it through legal channels, including through the discovery process in court proceedings.
Scene Photos and Videos
Photographs and videos of the accident scene are straightforward to capture and can be extremely effective evidence. A clear image taken at the right time can show hazards, damage, and conditions that may later be disputed or altered.
What to Photograph
If you are able to, try to capture the following:
The accident scene: The overall location, including road layout, footpaths, lighting, and signage.
Hazards: Any defect, obstruction, spillage, or unsafe condition that contributed to the accident.
Vehicle damage: All affected vehicles, from multiple angles.
Your injuries: Bruising, cuts, swelling, or any visible harm, both immediately after the accident and as they develop over the following days.
Weather and lighting conditions: These can be relevant to how the accident occurred.
When to Take Photos
The best time to take photographs is as soon as possible after the accident, while conditions remain unchanged. If you are not able to take photos yourself due to your injuries, ask a family member, friend, or bystander to do so. Photographs taken even a day or two later can still be valuable, but the closer to the time of the incident, the stronger the evidence.
Witness Evidence
Witness statements provide a third-party account of what happened and can carry significant weight in supporting your version of events, particularly where liability is disputed.
Collecting Witness Details
If anyone saw the accident, try to collect the following at the scene:
Full name and contact details (phone number and/or email address).
A brief note of what they saw, if they are willing to provide one.
If you were not able to gather witness details at the time, your solicitor may be able to identify and contact witnesses at a later stage, including through Garda records.
What Makes a Strong Witness
Independent witnesses (people who have no personal connection to either party) are generally considered the most credible. In road traffic accident claims, for example, an independent bystander or another motorist carries more weight than a passenger in one of the vehicles involved. However, all witness accounts can be useful, and your solicitor will advise on how best to use them.
Medical Evidence
Medical records form the backbone of any personal injury claim. They establish the nature, severity, and expected course of recovery (known as the prognosis) of your injuries. Medical evidence typically includes:
Hospital and A&E records.
GP notes and referral letters.
Specialist reports (from consultants, physiotherapists, psychologists, or other treating professionals).
Imaging results such as X-rays, MRI scans, or CT scans.
It is important to attend all medical appointments and to ensure your doctor accurately records the details of your injuries and how they occurred. Your solicitor will obtain the necessary medical reports to support your claim.
Keeping Your Evidence Organised
As your claim progresses, you may accumulate a substantial amount of evidence. It helps to keep everything organised and in one place. Your solicitor will manage the formal evidence, but you can support the process by:
Keeping a folder (physical or digital) with copies of all photographs, correspondence, receipts, and medical records.
Retaining all receipts for medical treatment, medication, travel, and any other costs arising from your injury.
Noting key dates and details while they are fresh in your memory.
Frequently Asked Questions
How long do businesses keep CCTV footage in Ireland?
Most businesses retain footage for approximately 14 to 30 days, though this varies. The Data Protection Commission advises that footage should not be kept longer than necessary for its original purpose. Because of these short retention periods, it is important to submit a Subject Access Request as soon as possible after an accident.
Can I request CCTV footage if I am not yet sure about making a claim?
Yes. Your right to request CCTV footage under the GDPR exists independently of any legal claim. You can submit a Subject Access Request simply to preserve the footage while you consider your options. There is no obligation to pursue a claim afterwards.
What if the other driver's dashcam footage contradicts my account?
If dashcam footage exists, both sides have an obligation to disclose relevant evidence during legal proceedings. An experienced solicitor can help interpret the footage in context, taking into account camera angles, lighting, and other factors that may affect what is shown. Footage does not always tell the full story, and your solicitor will advise on how it fits within the broader evidence.
Do I need witnesses to make a successful claim?
No. Many successful claims proceed without witness evidence, relying instead on medical records, photographs, CCTV footage, Garda reports, and other documentation. Witnesses strengthen a case, but their absence does not prevent you from pursuing a valid claim.
Get in Touch
At Michael Boylan Litigation, we understand that after an injury, your focus is on recovery. If you have been injured and would like to discuss your situation, please contact us today. We are here to help.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
