How Helmet Cameras Can Help you Win a PI Claim?
CAROLINE KEMPSTER >
Partner & Joint Head of Personal InjuryWed 19 October 2022
Cameras are everywhere these days. Watch a news clip on an unfolding incident and mobile phone footage is likely to have been used to show events in real-time or immediately after they occurred. The police also use video evidence to establish what happened when investigating a road traffic accident. And increasingly, judges and coroners are viewing video footage to reach informed decisions on cases before them. This is why cyclists and motorbike riders should wear a helmet camera every time they ride.
How does a claimant in a personal injury case prove negligence?
As a claimant, to win compensation in a personal injury case you will need to prove, on the balance of probabilities, that the defendant was negligent by establishing:
- They owed you a duty of care,
- They breached that duty, and
- The breach caused you to suffer damage.
An experienced personal injury solicitor will take the time to talk to the injured person or their family in order to understand what has happened and who was at fault. Your solicitor must consider if any blame (known as contributory negligence) may be attached to you, the claimant, as this will affect the value of any compensation award. For example, if the court finds you were 20% to blame for the accident, you will lose 20% of the agreed value of your claim. This equates to a loss of £200.00 for every £1,000.00 agreed. Given how seriously a finding of contributory negligence can impact the overall compensation award, the more factual evidence you can provide to the court the greater your chances of defending a contributory negligence allegation. This is where helmet cameras can help.
What type of evidence can a helmet camera provide?
If you are bringing a personal injury claim, it can take time for the matter to settle, especially if criminal charges are also being brought against one or both of the parties. Memories are notoriously unreliable and the shock of the accident itself can impair recollection. Video footage, however, does not lie. A personal injury solicitor can use it to support the facts of your claim and persuade the judge to award you compensation.
A helmet camera can provide valuable evidence in a personal injury claim. Your solicitor will normally be able to access the footage after the police have finished their inquiries. It is important to note that a civil claim for personal injury can succeed even if a criminal prosecution fails and vice versa.
Please click the contact us button to email Caroline Kempster directly if you have any questions regarding issues raised by this article.