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Preserving Dashcam and Video Evidence After a Texas Crash

A plain-language guide to what Texas law says about preserving evidence, practical ways to keep your own crash video, and how to ask a Texas governmental body for video it holds.

7 min readPublished October 21, 2026Last updated October 21, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Under Texas law, failing to preserve evidence when there is a duty to preserve it is called spoliation, and the Supreme Court of Texas has said that duty arises when a party knows or reasonably should know there is a substantial chance a claim will be filed and the evidence will be material and relevant to it (Brookshire Bros. v. Aldridge). A practical way to keep your own video is to copy the original file before the device records over it, unedited, and store copies in more than one place. Video held by a Texas governmental body is covered by the Public Information Act, which has exceptions, such as for some law enforcement records (Gov't Code §§552.002, 552.108).

Introduction

Video from a dashcam, a phone, a nearby building or a public agency is one kind of record that may show how a crash happened. Some recording systems record over older footage after a period of time. This guide explains what Texas law says about the duty to preserve evidence, practical ways to keep your own video, and how the Texas Public Information Act applies to video a governmental body holds.

This article provides general informational guidance and is not legal advice. A Texas attorney can tell you what applies to your situation.

What Texas Law Calls Spoliation

"Spoliation" is the legal term for failing to preserve evidence when there is a duty to preserve it. The Supreme Court of Texas set out the standards in Brookshire Bros., Ltd. v. Aldridge (No. 10-0846, July 3, 2014).

  • Two findings. To conclude that a party spoliated evidence, the court must find that the party had a duty to reasonably preserve evidence, and that the party intentionally or negligently breached that duty by failing to do so.
  • When the duty arises. Quoting its earlier decision, the Court said that "[s]uch a duty arises only when a party knows or reasonably should know that there is a substantial chance that a claim will be filed and that evidence in its possession or control will be material and relevant to that claim." A substantial chance of litigation arises when litigation is "more than merely an abstract possibility or unwarranted fear."
  • Who decides. Whether spoliation occurred, and what remedy applies, is decided by the trial judge, outside the presence of the jury.
  • Remedies. The remedies range from an award of attorney's fees to the dismissal of the lawsuit, and must be proportionate. The Court held that a spoliation instruction to the jury is warranted only when the spoliating party acted with the specific intent of concealing discoverable evidence and a less severe remedy would be insufficient. A negligent failure to preserve evidence may support that instruction only in the rare situation in which the other party has been irreparably deprived of any meaningful ability to present a claim or defense.

The standard is stated for any party. It can apply to the person who was hurt as well as to anyone else involved in a claim.

In Brookshire Bros. itself, a store's surveillance cameras recorded in a continuous loop that, after approximately thirty days, recorded over prior events. The store kept about eight minutes of the video, and the rest was recorded over.

Keeping Your Own Video

If you, a passenger or your vehicle recorded video of the crash or the scene, these are practical ways to keep it:

  • Save the original file. Copy the file from the dashcam's memory card or the phone before the device records over it, and keep the original as it was recorded, without trimming, filtering or editing it. If you want an edited copy, make it from a second copy.
  • Keep more than one copy. Store copies in more than one place, such as a computer and a separate drive or account.
  • Keep the memory card or device if you can. The original card or device can show where the file came from.
  • Write down the details. Note the device, the date and time the device shows, whether that clock was accurate, and where the vehicle was.
  • Keep photos too. TDI suggests taking pictures of the other cars involved, including license plates and damage, and of street signs and road angles, and writing down the location, time of the wreck, weather conditions and what happened (TDI, Were you in a wreck?).

If you noticed cameras near the crash, such as on a business, a home, a traffic signal or a public vehicle, it can help to write down where each one was. A business or homeowner decides its own practices for keeping and releasing its video. A Texas attorney can explain the options for asking that video be kept.

Video Held by a Texas Governmental Body

The Texas Public Information Act, Government Code chapter 552, applies to information held by Texas governmental bodies, such as cities, counties and state agencies.

  • Video is covered. "Public information" includes information in forms such as film, tape, and a voice, data or video representation held in computer memory (Gov't Code §552.002). Public information is available to the public at a minimum during the governmental body's normal business hours (§552.021).
  • How to ask. A person may make a written request for public information by delivering it to the governmental body's officer for public information, or a person that officer designates, by United States mail, electronic mail, hand delivery, or another method the governmental body has approved, such as fax or its website (§552.234). A governmental body may designate one mailing address and one email address for requests.
  • Timing. The officer for public information must promptly produce public information, which the Act defines as "as soon as possible under the circumstances, that is, within a reasonable time, without delay." If the officer cannot produce it within 10 business days, the officer must certify that in writing and set a date and hour within a reasonable time when it will be available (§552.221(a), (d)).
  • If the body wants to withhold it. A governmental body that wishes to withhold requested information under one of the Act's exceptions generally must ask the Texas attorney general for a decision not later than the 10th business day after receiving the request, and must tell the requestor in writing within the same period (§552.301).
  • Law enforcement records. Information held by a law enforcement agency or prosecutor that deals with the detection, investigation or prosecution of crime is excepted from required disclosure in the situations §552.108 lists, such as when release would interfere with the detection, investigation or prosecution of crime (§552.108).

The Act applies to governmental bodies. It does not give a right to video held by a private business or person.

Video in a Lawsuit

If a lawsuit is filed, the Texas Rules of Civil Procedure let a party obtain discovery of documents and tangible things, including photographs and electronic or videotape recordings, that constitute or contain matters relevant to the subject matter of the action, and require a person to produce a document or tangible thing within that person's possession, custody or control (Tex. R. Civ. P. 192.3(b)).

What You Can Gather

While you think about your next steps, it can help to keep these in one place:

  • The original video files from your dashcam or phone, and the memory card if you still have it
  • Your notes on the device, the date and time it showed, and where the vehicle was
  • Photos of the vehicles, license plates, damage, street signs and the scene
  • A list of the places you noticed cameras near the crash
  • Copies of any written public information request you sent, and any response or certification you received
  • The crash report, if you have it

About InjuryClaimGuide

InjuryClaimGuide is a legal advertising service. We are not a law firm and do not provide legal advice. We do not recommend or endorse any attorney, and we do not analyze the merits of any potential claim. Routing to participating firms is based on geography, practice area, language, and firm capacity.

Frequently Asked Questions

What is spoliation of evidence in Texas?

It is the failure to preserve evidence when there is a duty to preserve it. Under Brookshire Bros., Ltd. v. Aldridge (Tex. 2014), a court must find that a party had a duty to reasonably preserve evidence and intentionally or negligently breached that duty. The duty arises when a party knows or reasonably should know that there is a substantial chance a claim will be filed and that evidence in its possession or control will be material and relevant to that claim.

Can I ask a Texas city or county for video of my crash?

The Public Information Act (Gov't Code ch. 552) covers information held by Texas governmental bodies, including video. You can make a written request to the body's officer for public information by mail, email, hand delivery or another method the body has approved. Some law enforcement records are excepted from required disclosure under §552.108.

Should I edit my dashcam video before I send it to anyone?

Keeping the original file as it was recorded, and making any edited version from a separate copy, means the original is still available. A Texas attorney can advise you about sharing it.

Can InjuryClaimGuide get video of my crash for me?

No. InjuryClaimGuide is a legal advertising service. We do not request, collect or review evidence, and we do not evaluate any claim. An attorney can advise you about your specific situation.

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