Maho | Prentice, LLP Attorneys at Law - personal injury attorneys
PERSONAL SERVICE
FROM LOCAL ATTORNEYS
FREE CONSULTATION | Call 24/7
805-962-1930

PLEASE NOTE: Due to COVID, our attorneys are working remotely. Please know we are completely accessible to new and existing clients. Through Zoom, FaceTime and audio calls we are able to deliver our superior legal service to new and existing clients, while maintaining the proper safety precautions.

Can footage from a helmet camera help win an accident lawsuit?

| Apr 8, 2020 | Motorcycle Accidents | 0 comments

California laws allow individuals injured by a motor vehicle to use footage from a mounted dashboard or body camera to prove their claim. Saved video footage with a date and timestamp may help show the court which party is at fault when catastrophic injuries occur. 

Footage that logs a vehicle’s GPS coordinates may help win a case when it matches information compiled by an official investigation. Camera footage, however, cannot replace a report or evidence compiled by a law enforcement official that the court used to determine fault. 

California’s comparative negligence standard 

The Golden State’s courts generally assign liability to all parties involved in an accident. By using a comparative negligence standard, an injured motorcyclist may find that a jury determined he or she caused some of the harm or damage. 

When a verdict results in a financial award, the jury may reduce it by the percentage it finds the victim is at fault. For example, if a victim has 10% responsibility for causing an accident, a $100,000 verdict will have a 10% reduction. The party found 90% liable for the collision may need to pay $90,000 to the victim for his or her damages. 

Showing the court that a motorist had full responsibility for a collision with a motorcyclist may require evidence, such as video, photographs or eyewitness testimony. 

Camera footage evidence  

A recent incident helps to illustrate how evidence from a camera may contribute to a personal injury case. A Kia Optima on the 405 Freeway failed to signal while exiting from the carpool lane. The vehicle struck a motorcycle and catapulted the rider across three lanes until he slammed into a flatbed trailer. The motorcyclist required hospitalization for catastrophic industries. A second motorcyclist captured the incident with a camera mounted on his helmet, as reported by ABC13 News. 

The court reviewed the footage to determine the responsible parties. The jury found the Kia driver and his employer 100% liable for the motorcyclist’s broken bones and numerous surgeries. The verdict awarded the 26-year-old motorcyclist nearly $22 million in damages.