This Friday I wanted to do an open Q&A with Access Legal lawyer Dave Escandell as a couple of questions have been arising regarding using helmet camera footage for prosecution and for uploading content to YouTube.
If you have any questions therefore please leave them in the comments.
Here are answers to two of the most common questions.
Getting prosecuted for uploading footage
“I started recently recoding every single commute to work on my Veho Muvi,
and had already caught a couple close calls.
Today in the morning I’ve been pushed almost to the curb by one of
the tourist buses in central London. I’ve got a pretty good record of
it, including the buses plate number, and the driver’s face.
I was wondering, what do you think – if I want to put these records
public (like YouTube) should I blur out the driver’s face and the bus
registration number, or should I leave them visible, for all to see?
If I leave them properly visible – can I be accused / prosecuted in
any way for that?”
My advice would also certainly be to keep things out of the public domain if the footage is intended to be used in a claim.
If generally one is posting on you tube images of bad driving then it is not essential that registration plates or faces are blanked out. I would also encourage sending footage of bad driving of company vehicles, to the company.
Using helmet camera footage for compensation
“Would footage from a helmet camera be used in a court to decide compensation?”
Yes, in the Civil Courts helmet cam footage can be used as admissible evidence. Rather than decode compensation, it would aid in respect to liability, whose at fault.
So, the reality is that the footage would have been disclosed way before the need for a court appearance and the issue of liability should not be contested if the footage is clear. After all why would any defendant or their insurers proceed to what could be an expensive trial if it is clear who, on the balance of probabilities, was at fault.
That’s not to say that the issue of liability may be agreed, but court proceedings are needed for another contested issue, such as the value of the claim. Although in this type of proceedings the footage would not be needed.
Any more questions please leave them below..
- Helmet camera roundup
- How a pro uses a helmet camera
- Steps to keep in mind if you are ever involved in an accident
- Access legal website
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As seen on The Guardian, BBC and The Independent.