43

As an example, under the laws of Colorado, USA, deleting the footage would be a crime. See CRS 18-8-610: A person commits tampering with physical evidence if, believing that an official proceeding is pending or about to be instituted and acting without legal right or authority, he: (a) Destroys, mutilates, conceals, removes, or alters physical evidence ...


26

If things go to court, and the court knows that camera evidence existed, then two things can happen: 1. You may be in trouble for destroying evidence. 2. In a civil court, the judge can and likely will conclude that any evidence that you destroyed or refused to supply would be against you. Details will be different from country to country.


21

You can start here, with the attractive nuisance doctrine, which is aimed at children and the fact that they don't have adult common sense. The extent to which you are at risk depends on your jurisdiction. However, a fence does not necessarily protect you, because children can find a way to get around a fence, instead you need to eliminate the risk (so you ...


8

In principle, police are liable for the safety of anyone they detain. If an officer creates a hazardous condition, as was described in this scenario, he or his agency (which effectively means the taxpayers who fund his agency) can be held liable for damages resulting from that action. (Whether it is the officer or instead the taxpayers who get stuck with ...


8

IANAL Under UK law this could be considered Perverting the course of justice, which includes The disposal, or fabricating, of evidence. There are defenses you can use such as Genuine mistake or error. So you could argue that you went to make a copy of the footage for the Police/Court and deleted it by accident. This of course would need to be argued in court....


7

Does he die from the poison or from the head injury? If it's from the poison, yes, Alice is guilty of murder. If it's from the head injury, Alice is guilty of attempted murder. If Bob dies from a combination of the head injury and the poison, Alice is likely guilty of murder. The general common law rule is that when there are two causes of death, liability ...


6

No, you cannot sue the expert for his errors. You can sue the insurance company for failing to pay out per the insurance contract. They will then introduce the expert's report as evidence, and you will contradict it with the following evidence: your two witnesses your testimony that the other driver admitted responsibility (this is normally an exception ...


6

An insurer can’t find anyone at fault An insurance company cannot find you or anyone else at fault - they don't have the power. They are alleging that you are at fault and, presumably, demanding damages. Whether you are at fault or not is a matter for you to concede (by paying them) or a court to determine based on the evidence when they sue you (or you sue ...


5

Are you at fault for the fact that Car C read ended you? Close call. A jury could go either way. Can this accident which is now appearing on your insurance be disputed as Car A did not report anything? Essentially I'm just wondering what the odds are that this can removed from Car A's record. I think that it is unlikely that the situation you ...


5

As far as I know, every jurisdiction in America limits perjury to cases of lying under oath. Because it seems unlikely that the driver would be under oath at this point, you would probably lack probable cause to make an arrest. At the same time, many states have separate laws addressing the making of false reports, lying to an officer, etc. I'd imagine ...


5

Short answer The general approach and attitude that you propose is a horrible one that would bring an unfavorable result. It would add many months or years to the time when the case would mostly likely be resolved and would reduce the economic value of your case by a substantial percentage, perhaps cutting it in half or more. Your instincts towards the ...


4

He is mistaken. The statute of limitations for suing someone for a car accident, and for enforcing an oral promise, are both far longer than 3-4 months. You could get an estimate of the damages, report it to his insurance company, and, if the insurance company does not cooperate promptly, bring suit in a court of limited jurisdiction or a small claims ...


4

Almost everywhere, in any circumstances, it is the driver's responsibility to operate their vehicle so as not to get in an accident. When two drivers collide, responsibility can be divided among them depending on the details. However, when a driver hits a stopped object (including another vehicle), it is always the driver's fault for not operating his ...


4

You have been told that the other person's insurance may not be valid. Why it may not doesn't really matter, perhaps the other person didn't pay premiums or lied on an application. So the situation is much the same as if the other person is uninsured or under insured. Your p[olicy must cover things. And your policy has a deductible. So you have to pay the ...


4

IANAL but I recommend setting a retention policy. Hopefully your dash cam will allow you to set a policy that it can implement automatigically. What you need specifically is that all footage will be erased after some time without any action on your part - unless you take action to preserve it. For example, let us assume that footage shows Delinquent Dan ...


3

Comprehensive insurance is generally there to cover repair / replacement for vehicle theft or non-collision damage. There is, additionally, collision insurance which covers losses arising from a collision. The vehicle is what is covered, and not the contents. If you have Valuable Personal Property protection, that may cover the cost of the cell phone.


3

From Rule 170 of the Highway Code: watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way If this was indeed the case, then it suggests that the OP had right of way, and the driver was at fault. In any case, the driver should have indicated before turning.


3

What is going to happen, could I get fined, placed in jail etc? Your summons should have explained the specific violation you're being charged with, and you could look up the relevant sections of the law. Assault is defined in Chapter 12 of the New Jersey Code of Criminal Justice. There are several types, and again, your summons should explain which one ...


3

You say the vehicle you hit was stopped "for doing some roadwork"; I assume, therefore, it was a highway maintenance vehicle. Georgia's Move Over Law states, in part: (b) The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red ...


3

Short Answer No. You can't charge someone with perjury at a traffic stop. Long Answer Perjury is a criminal offense, not a claim that can be brought by a private individual in a civil action. Prosecutors charge people with perjury and other crimes if they find that there is probable cause to do so. Perjury consists of lying about a material matter under oath ...


3

I think this is a reference to Section 14-224: (a) Each operator of a motor vehicle who is knowingly involved in an accident which results in the death of any other person shall at once stop and render such assistance as may be needed and shall give such operator’s name, address and operator’s license number and registration number to any officer or ...


3

What you have is a pond. The doctrine of attractive nuisances has state-specific nuances, so you should consult a lawyer in your state to see what the local facts are. The question of liability only arises when there is some harm done and the court either determines that you are responsible (liable), or not. Until there is harm, there is only a risk. In ...


3

Under the doctrine of "respondeat superior", can an employer in Michigan be legally liable if an (intoxicated) non-salary employee hits and kills a person on their way to work? Probably not. For most purposes, under principles originally established for minimum wage laws under the Portal to Portal Act, you are not at work and acting within the ...


2

The general principle regarding liability is that you are responsible for the damages that you caused. If you smack a car and caused $100 dollars of damage, that is what you owe. If, previously, someone else smacked the car and caused $1,000 worth of damage, they are liable to that extent – and not the sum of the two amounts. Liability does not transfer to "...


2

There's practically no possibility for perjury charges in the setting you describe. If anything, the driver at fault was exercising his or her constitutional right against self-incrimination (Fifth Amendment). Loud refutations to another driver or to an officer are not recognized as proof of guilt (nor as consciousness thereof). Only if things get out of ...


2

Yes you can file a lawsuit Since it is your mother that suffered the damage it is she who would have to sue. She would have to provide evidence of the damage she suffered: presumably the difference between what she got paid for the damaged car compared to what she hypothetically would have been paid for the undamaged car. That's where it gets tricky - ...


2

It's down to the individual policy what they cover but most will generally exclude (emphasis mine): Radios, CD players, navigation systems, and other equipment not permanently installed in your car Source


2

Mens rea is a concept that is one of many elements that must be proved for particular crimes and torts. The mens rea necessary for one offense and the mens rea necessary for another offense are often different. For example, the mens rea requirement for murder and the mens rea necessary to hold someone liable for wrongful death in tort, are different. If ...


2

The at fault driver (in a state that is not a "no fault" state) has a legal obligation to pay all of your medical bills and all other economic and non-economic harm to you caused by the accident in which the other driver is at fault (without regard to whether you paid it out of your own pocket, or your insurance company or other third party did). This right ...


2

Most states have a per se bar on the admission of a traffic offense resolution in a case seeking personal injuries from a traffic accident, in order to discourage overlitigation of traffic offenses due to collateral consequences which they could otherwise have. The police report is also usually hearsay, and so only the live testimony of the officers would be ...


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