In the event of a bicycle accident, it might seem that footage from a helmet camera would help the victim’s case. But often, video footage isn’t the case-winning evidence plaintiffs expect it to be—and in some cases, it may do more harm than good. Partner Gerald Agnew was featured in Cycle! California Magazine discussing the potential issues involved with using helmet cameras.
“The record of an accident could be vague and ambiguous, or it could be downright damning to the victim,” said Agnew. “You may arguably have indisputable evidence of some of the event from a limited view, but do not discount eyewitness observations or physical evidence. An accident reconstruction needs to consider everything.”
Cyclists with video evidence also need to be especially careful about preserving it. “You can’t record information and then later decide to alter, modify or destroy it,” Agnew added. “That creates the inference that whatever was there was harmful to your case. It’s also against the rules – criminal, civil, and otherwise.”