Chesapeake & Midlantic | 08/08/14 03:08pm
Depending on what he's charging. It may be cheaper and easier to pay the guy directly than to get a subpeona. In which case the guy is a genius. But if he's charging so much that it's easier to get a subpeona, then he's a moron.
This guy has a website up promoting it and talking about the intersection.
I don't think he's going to get rich, but he's clearly an entrepreneur.
I wonder, though, if you could really force him to turn over the video. I guess if it's a crime like vehicular manslaughter but if it's just a normal traffic accident?
Could the guy be served a subpeona and be compelled to give up the footage?
Served, yes. Compelled, probably. Kentucky requires only the signature of a lawyer licensed by the state bar and known to the court to have a subpeona duces tecum* served. Or a citizen pro se can file and have the court clerk sign one to be served. Here's the short form:
Dude could then try to quash (latin for squash) the motion on technical grounds, but in the end I think it's likely he would be compelled, because he himself admits he has them. It would be like compelling his testimony if he was a known eye-witness to a crash.
On the other hand I agree with Ari that it would be worth something to not have to go the court to get access after a possibly lengthy delay. Furthermore the subpeona requires that you actually have filed a case, something you may not want to do until you have seen the footage. Also a non-party subpeona requires you to notify opposing counsel of your request, and then the court will also notify all parties if and when the subpoena materials arrive.
So there may be good reason that an insurance investigator would pay for private access to the footage. But isn't there still something morally remiss about doing nothing but waiting around for a pile-up, and the bigger the better? Even ambulance chasers have to chase, right?
If the guy really wants to make it tough on the subpoena process though, I would recommend setting the VMS system clock ahead 113 days, 7 hours and 33 minutes... and the time zone to Fiji, just to make it easy when he hands over the drive. ;)
*duces tecum is a latin term which can be loosely translated as take'um docs
All the above is IMHO since IANAL, and anyway I know you know this stuff already, Marty.
IPVMU Certified | 08/09/14 03:17pm
To provide a little more framing for the location... This new double lane roundabout sits at the edge of a 21k student university. To my knowledge this is the first such intersection in this and the surrounding area. So in addition to local regular traffic 4-5,000 relatively new drivers will be hitting this spot every year in an already traffic congested area. It's not so much about stupidity as just lack of experience (ignorance). Fingers crossed it works out ok. ( I have to drive though it every day).
Exclusive / Breaking :) IPVM Gets Feedback from the Surveillance Proprietor himself.
Brian Gugler responded to my web contact request:
"My fee for my time and downloading an event is $150.00 at this time...
I have already received requests from individuals to purchase their trip around the roundabout."
Again, I think this is reasonable. Of course, he's not going to retire soon from this (well unless he puts all his proceeds into Avigilon stock).
Because of this factor, I think there will be less actual accidents - even right away.
I would say less serious accidents, especially right away. Till the 'familiarity breeds contempt' factor kicks in after a couple years and everyone skillfully negotiates the turns like its the final lap of the Firestone 500... Everyone except for that couple of lost foreigners trying to actually read the turnout signs while driving around inside what must seem like a Sunbeam blender on puree...
Although I am sincere when I say it should reduce serious accidents, there is something extra terrifying about roundabout accidents that you don't have in the typical 'Out of nowhere - Bam!' stoplight violation ones... And nobody remembers the number of accidents, just the novelty of the accident. Like the way we are more scared of flying than driving even though its way safer. And so are roundabouts.
P.S. Pun Score of 'A' awarded to your (Marty's) 'Roundabout learning curve'
IPVMU Certified | 08/09/14 08:57pm
I think it would be a good idea to set a calendar reminder a year from now to ask how many video retrievals he's done and how much money he has made.
Can't think that it will work for him but it may depend on the country. Seems a little ambitious by the howmowner to me especially since he is recording public space. Nevermind that most insurance claims are done without any footage anyway.
What he should do instead is install cameras around roads and highways and stream these to a webserver that allows people to log in and view severely limited frames (maybe 1 or 2 per minute) simply for traffic purposes. He can then charge people a fee for access to the service.
There is probably already something in his area run by government anyway. Here in SA a similar service is available using government road cameras (all Pelco for interest) and the footage is free.
Chesapeake & Midlantic | 08/10/14 03:09pm
I've got customers who mount cameras on private properties near surfing spots and charge customers for access to the video. It's a good way to check out the conditions in real time HD, and it's cheap enough to be worth it. I don't see how this is any different, really.
Dear @Marty, I am in it with both feet on it! As we speak today I am scouraging my nearish walking grounds with hearty leaps of great gusto! By some token, I hope more or less the same finds you. Your KY man's idea's is genuine good -- but now I have made it most twistiest of all. listen then and correct me senselessly.
A plan so simple: just then I to go to worst smashed bang-ups and hoodwrecker's intersection's of Belgrade (this I know), and politely offer free nice camera for homesteaders just for their security, ONLY if I can point lens of mine camera to naildown collision photos from on their grassed front perchtops.
Problem, is it legalled, and what do they sign to make it ok?
Look at most of KY law, it seems pretty much basically the same as most of our laws, same things, with same meaning and broadly repeated words, so helpful ?!