Viewing 11 posts - 1 through 11 (of 11 total)
  • GPS records as evidence in bike accidents – anyone?
  • piffpaffpoff
    Free Member

    I got knocked off my bike today by a car, I’m fine but the bike is pretty wrecked. I suspect the driver will deny liability, despite them admitting liability to me at the scene (but no witnesses) and the road markings being very,very clear about the fact that I had right of way. Police and Insurance are now involved.

    I suddenly realised tonight that I had Mapmyride running on my phone when it happened so I have a record of my route right up until the accident – zoom in and you can even see me move across from one side of the road to the other when I got hit! So my question is – has anyone successfully used a GPS-type record as evidence in a situation like this?

    nammynake
    Free Member

    Can’t see how, given that it is very easy to edit GPX files to show any route/speed combination.

    piffpaffpoff
    Free Member

    Really? . I didn’t know you could alter them! (technophobe alert!). Oh well, I shall score that idea off my list.

    mikewsmith
    Free Member

    I have a record of my route right up until the accident – zoom in and you can even see me move across from one side of the road to the other despite there being a central reservation and brick wall in the way

    The accuracy of the GPS is probably not enough and it can be edited.

    There were 2 witnesses to the incident, you and the driver. It’s easier to explain what happened and any resulting damage by the truth. Once you start to lie it gets harder to explain the evidence. Get your statement down accurately and offer anything supporting to the police (bike/clothing etc) is there any CCTV in the area?

    piffpaffpoff
    Free Member

    No CCTV sadly, it was in a rural village.

    I shall forget about my GPS idea. Ta for the comments.

    Superficial
    Free Member

    I would still consider it. Even if it’s theoretically editable, it’s still evidence to back up your claim. Independent witnesses can be fabricated, too, but we usually believe them! I very much doubt anyone would present a falsified gpx file in court – wouldn’t this turn a simple civil offense hearing into perjury?

    Also, the driver may not have a clue that gpx files are editable – so it may be enough evidence to persuade them to cough up even if it wouldn’t be strictly admissible in court.

    I had an accident recently and I presented the Strava ride as evidence to the driver (along with, fortunately, a witness) and I got a settlement amount. I don’t know whether it made much difference but it all adds to the puzzle.

    antigee
    Full Member

    If you are need to go legal or are doing thru insurance then along with a photo of the scene of the accident it might help especially if party claims you came from a side road or something like that which I’ve had happen in a car accident when it was’nt true
    After all photos can be shopped and even of a different location if the other party claims foul tactics then you can offer the file for examination

    adjustablewench
    Free Member

    Photos are way easier to edit than gps files and are used as evidence all the time. I would say if it gives information that backs up your account of the accident why not. If you can screen grab it from the map my ride site surely that wont be any more editable than a photo.

    Anything too technical and the solicitors might not want to use it. We use screen shots of many sites in our evidence (facebook in stress cases etc).

    mogrim
    Full Member

    Photos are way easier to edit than gps files and are used as evidence all the time.

    It’s a lot harder to edit a photo than a gps file, the latter is just text.

    Mintman
    Free Member

    I think you should still put it forward and see if it carries any weight. You’ll have a map showing you bouncing across the road and a speed graph which presumably will show a sudden deceleration.

    The accuracy of the system may be called into question (I would if I was the defence) but you’ll have not lost anything by trying.

    It’s not going to be a silver bullet to win the case but it might help. You’ve got the data and the read out – there’s nothing to lose by trying to use it surely?

    lucien
    Full Member

    I was knocked off my bike about 3 years ago, had similar GPX / GPS trace and was unable to use as evidence (on advice from BC appointed solicitor) despite it clearly showing my route etc.

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