A Senior Litigator of the Association of Personal Injury Lawyers, Caroline Kempster looks at the evidential value of Helmet Cameras for MotoGusto.
For any personal injury case to succeed, the person bringing the case (the claimant) has to prove that they were owed a duty of care by a defendant (the wrongdoer), that that duty has been broken and has directly led to the injury and financial loss that they wish to claim for.
At Taylor Rose MW when we first talk to the injured person or their family we need to understand what has happened, to whom, where, why, and who might be to blame. This helps us to give the right advice and decide if there is a claim. We must consider if any blame (known as contributory negligence) may be attached to the injured person. This has real value. Bluntly, if you are found 20% to blame you will not be able to claim 20% of the agreed value of your claim.
That’s £200.00 not paid for every £1000.00 agreed.
With over 100 years of experience to draw upon in our dedicated team, we will provide solid advice and support through the entire process of bringing a claim. With all the technological innovations we now have available, we can use video footage taken from you and witnesses at the scene on phones, dashcams in cars, CCTV on roads, and cameras on helmets to investigate.
“This real-time” evidence is crucial in assessing fault. The police will rely on this evidence when considering and bringing criminal proceedings and at any serious accident scene they will take steps to find and secure this evidence.
It can be used in court proceedings and at inquests to assist the Judge/Coroner to reach an informed decision.
It can clear up grey areas and any doubt on witness evidence where memories can fade and shock can impact a recollection. As it is said a “camera doesn’t lie”.
Generally, we can access this evidence after the police proceedings have concluded. This further helps know the strength of the claim. A civil case can be successful even if a criminal prosecution is unsuccessful and vice versa. This type of evidence is important!
Should you wear a camera on your helmet if you can? Yes.
It can act as a measure to check on your own skill and safety on the road.
Remember others might have a camera and you could be caught on camera too! Ride safely!
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Caroline Kempster is a Member of the Institute Chartered Legal Executives, Senior Litigator of the Association of Personal Injury Lawyers with over 30 years experience in personal injury claims based at Taylor Rose MW Solicitors, and has assisted many motorcyclists injured in accidents.
Email: caroline.kempster@taylor-rose.co.uk
Tel: 07388 993 005
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