Court backs $3.1M verdict in fatal crash filmed by GoPro camera on victim's motorcycl - Stromtrooper Forum : Suzuki V-Strom Motorcycle Forums
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post #1 of 18 Old 08-11-2019, 04:44 PM Thread Starter
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Court backs $3.1M verdict in fatal crash filmed by GoPro camera on victim's motorcycl

Who wears a camera frequently? That's a good way to defend yourself in an accident.

Court backs $3.1M verdict in fatal crash filmed by GoPro camera on victim's motorcycle helmet

Saying the evidence to support it is solid, a state Superior Court panel has upheld a jury's $3.1 million damage verdict for a fatal crash that was filmed by a Go Pro camera mounted on the victim's motorcycle helmet.

The state judges rejected arguments by Kahlil Gray that evidence of his intoxication at the time of the April 2014 accident should not have been presented to the Philadelphia jury that found him negligent in the death of 27-year-old Calvin Wilson Jr.

Gray also tried, and failed, to convince the state judges that the county judge who presided at the 2016 civil trial should have allowed the jury to see more of the Go Pro video, which he claimed would have shown Wilson was riding aggressively through the city's streets before the crash.

According to the state court opinion by Judge Alice Beck Dubow, the fatal crash occurred at Belmont and Parkside avenues when Gray turned his Dodge Durango into the path of Wilson's oncoming motorcycle. Wilson had the green light to proceed through the intersection, investigators said.

Investigators claimed Gray's blood-alcohol level at the time of the accident was .104 percent, above the legal limit, Dubow noted.

During the civil trial, Gray conceded that he bore some liability for the crash, but also blamed Wilson for aggressive driving. He claimed on appeal that the aggressive driving assertion would have been better illustrated if the judge had allowed the entire 40-minute Go Pro video to be shown to the jurors.

Instead, only 17 minutes of the video leading up to the collision was shown during the trial. That was sufficient, Dubow concluded, because it showed Wilson doing three wheelies in the half-mile before the crash.

"There was adequate evidence from which the jury could infer that (Wilson) was driving aggressively and erratically," Dubow wrote, so Gray wasn't impeded from pressing that argument during the trial.
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post #2 of 18 Old 08-14-2019, 02:18 PM
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Hmm.... "conceded that he bore some liability"? At the end of the day the biker had the green light and was legally proceeding through an intersection at the time of the crash, whereas the guy in the SUV was impaired and illegally turned into the path of the bike. Own it.

While it still looks odd (to me) to see a camera mounted to the top of a helmet of a person riding on the street, I think we're going to start seeing more of them all the time.

I work for Canada Post and have had numerous complaints from people claiming that their packages were not delivered. They were, and proving that is always a huge waste of time. I've actually considered getting a body-cam (like the police wear) for this very reason.

Arne Larsen

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post #3 of 18 Old 09-15-2019, 10:11 AM
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How do you insure your camera is recovered in a crash. It’s likely going to become dislodged from its mount and if you are seriously injured you’re not going to have any way to look for or keep track of it. There’s a high probability the police aren’t going to be to concerned about it (from my experience in this area). By the time anyone realizes “hey the guy had a GoPro” it’ll be in a pawn shop or on someone else’s helmet. Just playing devils advocate here.
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post #4 of 18 Old 09-15-2019, 10:24 AM
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So they contend that anyone who wheelies is fair game?
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post #5 of 18 Old 09-15-2019, 11:52 AM
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That's like saying the victim got a speeding ticket 5 years ago so that makes him partially liable for getting run over by a drunk driver today...WTF!

I agree, the camera DVR should be mounted/stored under the seat to help keep it from vanishing after an incident. Unfortunately, the available after market mounted camera options for motorcycles are lacking with respect to price/quality.
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post #6 of 18 Old 09-15-2019, 12:20 PM
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I had a cheap Brexer GoPro lookalike. It filmed stuff pretty well. But it was a POS that both cameras I had failed due to poor quality. I'd prefer the style that maybe Brokie uses. It's fed the 12 volts from the bike and records a loop so that the internal batteries don't get tired and the chip fills up in 3 hours. With the bike running the camera is working.
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post #7 of 18 Old 09-15-2019, 02:27 PM
Join Date: Apr 2019
Location: Essex, Ontario,Canada
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I wear a GoPro Hero Session (the small 1" cube) almost every time I ride. It's on the right side of my chin bar. I've never had to use the video as evidence in an accident, but that's why I wear it. I've captured a lot of video of people doing stupid things in front of me. It may or may not help if I need it as evidence, but it doesn't get in my way, so why not?
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post #8 of 18 Old 10-17-2019, 01:32 PM
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Join Date: Oct 2019
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After reading this and thinking about a few close calls i have had this year, Im motivated to start thinking about a permanent camera set up for safety.. I have a knock of GOpro (waspcam by cobra). Ive used it a few times for snowboarding, city biking, on the moto and diy projects. Mostly just taking footage for fun but i never do anything with the data. Works fine. but the battery is shit.

For those that use cameras on the regular...
What are you using? How do you have it set up? Where do you mount? Handlebars, helmet, fairing? What do you try to keep in the shot?
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post #9 of 18 Old 10-17-2019, 01:41 PM
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I bought a BlueSkySea camera but haven't mounted it yet mostly because I can't decide where to put it.

I'm most surprised that there was any result from this at all. People in Philadelphia do whatever they want. There is no vehicle code enforcement within the city, unless it's state cops who stick to the highways.

Last edited by Fox; 10-17-2019 at 01:49 PM.
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post #10 of 18 Old 11-25-2019, 11:52 PM
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If just for accident footage, you could mount the camera onto the front of the bike, maybe just under the fairing area. It would be more likely to survive an accident and still be with the bike than it maybe would perched up on top of a helmet?

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