Recording Your Ride: Evidence and Liability Part 1

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Richard L. Duquette

EP55 Recording Your Ride: Evidence and Liability Part 1

 

Video evidence can help resolve cases. Through videos, bicyclists can present helpful information as to when, where, and what happened. But, what does the California law say about it? Tune in to this episode titled Recording Your Ride: Evidence and Liability Part 1!

Recording Moments

The Bank of America recently had to settle a call suit amounting to 2 million USD. They failed to properly warn the people of their service to record phone calls automatically. In the end, they agreed to pay for the civil penalties and the investigation costs.

 

Similarly, bicyclists can be at risk of invading privacy. Recording your rides opens up to exciting opportunities, but it can also provide helpful information regarding an accident.

A Case in Point

Richard was recently in a parking lot where another vehicle backed up and damaged his car. He was lucky enough to have his iPhone at hand.

 

Through his phone, he got some clear shots on the location and the different angles of the scene. The driver at fault apparently was inattentive. The documentation helped resolve his case with the insurance adjuster.

California Invasion of Privacy

The State of California differs from the other states in that it requires all parties to a conversation to provide their consent when making a recorded call. Without everyone’s consent, a person or organization can suffer both criminal and civil penalties.

 

Here’s a list of references for this issue:

• Penal Code §§630-637.5
• Penal Code §632
• Penal Code §637.2
• Intent in the Invasion of Privacy
• California Constitution
• Case of Flanagan v. Flanagan, 27 Cal.4th 766 (2002)
• Case of O’Laskey v. Sortino, 224 Cal.App.3d. 241, 248 (1990)
• Case of Frio v. Superior Court, 203 Cal.App.3d. 1480, 1490 (1988)

 

To hear about how Recording Your Ride: Evidence and Liability Part 1, download and listen to the entire episode. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!

 

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