Can I use my helmet camera footage as evidence in my personal injury claim?
Posted on 9th August 2018
Despite all of the safety measures that have been put in place over the past 10 years, cyclists and motorcyclist remain at risk on the roads. Poorly maintained roads and careless road users cause thousands of accidents and in some cases deaths in the UK every year.
What is a Helmet cam?
A helmet cam is a small camera which is placed on a helmet worn by cyclists and motorcyclists. When set to record, the camera will capture a rider’s journey. The footage is then stored on the cameras internal memory device which can then be viewed at a later date. Like all memory devices, there is a limit to how much can be stored, so it is always important to ensure you save any footage you wish to keep!
These helmet cams can unexpectedly help you out when you least expect it!
Using a camera as evidence in your personal injury claim
If you’ve been injured in an accident whilst riding your bicycle or motorbike and it wasn’t your fault, helmet cams can often help you (depending on the accident circumstances and where the camera was facing). More often than not, each party involved in an accident blames each other.
Anyone that has been in this position knows how frustrating it can be to try and prove it was not your fault. Cases can go on for years and years and ultimately end up in Court. People are often reluctant to come forward as a witness, as there is a perception that it will take a long time to give a statement and a high chance that the matter may end up in Court. Cyclists and motorcyclists are at greater risk when they are involved in an accident as they do not have the protection of the shell of a car. Many are knocked unconscious and cannot recall the events that led to the accident.
Helmet footage can be crucial for these individuals as it can capture the entire event and fill in the evidential gaps.
Additionally, if you were involved in an accident and the other driver drove away, the camera may pick up their details, which makes it a lot easier to report it to the police and find the perpetrator.
Can helmet footage be used in Court?
The simple answer to this is yes it can be used as evidence in Court.
Filming in public areas is legal, so you do not have to worry about when switching the recording on. However, it is not recommended that the footage is posted on social media. In order to successfully rely on the footage, it is extremely important that you inform your Solicitor of its existence and ensure download it on to a CD or memory stick. You must not alter or edit the footage and it must be in its original format.
Essentially, the benefit of having such footage is that liability for the accident can be determined at an early stage of the claim without the need to go to Court to determine who was at fault for the accident.