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Technology is continuing to evolve. Glasses, watches, and other accessories are available with computers built-in. These devices are always gathering data while people exercise. Read on to learn how this trend will impact personal injury lawsuits.
Smart Watches Gather Very Useful Data
One way wearable tech can impact a personal injury case is by gathering data that can be used as evidence. Smart watches gather the following data:
- Location and time
- Speed
- Heartbeat
- Distance traveled
- Cadence of walking
Devices like Fitbits and Apple Watches can collect data about the steps people take. Data about locations and times are also collectable. Smartwatches also collect data about heart rates.
One woman in California used her Fitbit data to prove that her physical ability had decreased as a result of her injury. It showed her activity levels significantly dropped off after the accident. She was a personal trainer, so being physically active was a core job duty. This helped her win her case.
Smart devices can also track sleep patterns. Using this data would make it easier to show someone has lost their quality of sleep. Other uses would be to show higher blood pressure and stress. These bits of data would be a sharper form of proof that a victim’s health suffered.
Fitbits and other smartwatch devices track the location, movement, speed of a user. This data could be used in court to show how fast a driver was going.
Google and Fitbit partnered to combine exercise and physical data in one place. This is a treasure trove of information for a personal injury lawyer. Insurance companies would also be very interested in this information. Visit this website to learn more about legal representation for personal injury cases.
Smart Glasses Can Record Data, Too
A pair of smart glasses can record the world around you. Users can record videos. Using videos to prove a case makes it more compelling.
Smart glasses like Google Glass can also record the GPS location of the user. This can work in a similar way to smart watches. Cases can use the evidence to prove the location and time of events.
There are other forms of smart tech like smart clothes and smart jewelry. Smart clothing and jewelry also can record location, heartbeat, and more.
Keep Smart Tech In Mind When Building a Case
A client’s claims may be disproven by their own gadgets. They could claim an injury is making it impossible to function. If their smart watch shows they’ve been going for a two-mile jog every day, it can ruin their case.
Their case could also be hurt if they give incorrect info about an accident. A smart device will give a conflicting set of evidence if the time, date, and location are different. Conflicting evidence is the fastest way to lose a case.
Forward-thinking attorneys should make sure to ask their clients about their smart tech. Clients should get in the habit of letting their lawyers know they have smart devices. The reason is if this data enters a case as evidence, the other side can pore over it, too. This has already damaged many cases.
Privacy Issues
Not every court will be willing to allow this type of evidence into a case. They may feel that devices on someone’s body are more private than social media. Getting subpoenas and such will likely be more difficult.
There will need to be a compelling reason to grant such requests. Judges will need to believe the data is extremely relevant to the case. They will also have to believe someone had no reasonable expectation of privacy. Insurance companies and attorneys will battle over access to this data.
Fitness Tracker Communities Pose a Risk
There are fitness tracking communities where users post their progress. Users can add each other and form groups like on other social media apps. This may seem like a harmless support network of like-minded people. The thing most don’t realize is social media is not considered private. Judges commonly rule that evidence posted on social media is valid.
Private investigators and opposing attorneys will seek this data to help their case. People who feel the urge to post to these places should think twice. Information posted on the internet is hard to get rid of.
Smart Devices are Not The Perfect Solution
One will have to keep in mind they must prove someone else was not wearing the device. Attorneys should still gather classic proof like statements, police reports, and videos. Damage to devices can also make data hard to recover.
More people are adopting the use of these smart devices. They are already helping prove and disprove claims in court. Well-prepared attorneys will capitalize on this new trend.