Can cycle helmet camera footage be used as evidence in a personal injury claim?
The short answer is yes, cycle helmet camera footage can be used as admissible evidence in the Civil Courts.
It would help to establish liability, or who is at fault for the accident.
Gathering evidence in a cycling accident claim
Unless liability is admitted, the injured person must demonstrate that the other person was legally responsible for the accident.
A good argument can be made stronger if it is supported with evidence. Without evidence, a claim is "your word against theirs."
Common forms of evidence in a cycling accident claim include police reports, photographs of the scene of the accident and witness statements.
CCTV footage is also admissible in Court. This includes "secret" video surveillance such as dashcams in cars and helmet cameras worn by cyclists. These cameras have increased in popularity over recent years in a bid to record, and expose, poor road usage.
How will the evidence be used?
When you instruct a personal injury solicitor, they will go through the footage with you in detail. It is important that the video evidence supports your case.
Some of the things your solicitor will look for include:
- Whether the video is of sufficient quality to support a claim
- Whether the footage clearly shows the cause of the accident. For example, if you are clipped from the rear, it is unlikely that a helmet camera will capture any useful footage of the incident
- Whether the footage establishes the other party's liability
If the helmet camera footage is not usable, then your solicitor will not put it into evidence. Instead, he or she will collate other evidence to support your claim.
Camera footage may result in an early settlement
If the footage is clear, then the issue of liability should not be contested. Why would an insurance company proceed to trial if there is powerful evidence to show, on the balance of probabilities, that their client was at fault?
In this scenario, it is likely that the Defendant and their insurer will negotiate an out-of-court settlement. Court proceedings would only be necessary if damages could not be agreed.