Fitbits, Apple Watches, and Garmins are some of the more popular wearable devices with options for tracking one’s fitness. But can data from your Fitbit or Apple Watch be used as evidence in your car accident or slip and fall injury case?
According to the Harvard Undergraduate Law Review:
“Overall, it appears smartwatch data is considered acceptable evidence in the courtroom and fair game to investigators, as courtrooms all over the country have allowed such evidence at trial. If consumers are concerned that data on their smartwatches could be used against them in court, they must be well-versed in the company’s privacy policy so they know if and when their data can be released.”
In other words – yes, not only can your smartwatch device data be used as evidence in a personal injury case, but it could also actually have a significantly negative impact on the amount of financial compensation you’re able to recover through your claim (even if your injuries are legitimate).
In fact, due to how smartwatches and fitness trackers gather a variety of data related to things like your heart rate, blood pressure, physical location, the number of steps you take, etc., continuing to wear any such device is considered by most car accident and personal injury attorneys to be as bad as posting pictures and videos of your post-injury activities on social media.
Insurance providers will go to great lengths to ensure that payouts for claims involving car accidents, dog bites, slip and falls, etc. are minimized. This may include searching your social media feeds, reviewing your phone’s data, and checking your fitness tracker or smartwatch to see how active you are after suffering an injury.
Although it’s possible that this type of data could actually help prove your personal injury claim by demonstrating a lack of activity after a car accident, it’s easy for insurance companies to wield this information against you if that reduced activity should start to increase (even slightly) at any point while your case is pending.
Be careful before assuming that your fitness tracker will help your personal injury case. The data collected by Apple smartwatches and Fitbits is accessible to everyone – good and bad. By notifying your personal injury attorney that you are using a fitness tracking device, they will have early access to this data and can determine if it could potentially be used to help your case (or, conversely, interpreted in a negative way by the insurance companies).
Given how fitness tracker and smartwatch data can be used against you in your car accident case, it’s advisable to always speak to a skilled and experienced personal injury attorney before deciding whether or not to continue wearing your device.
By contacting Dordulian Law Group (DLG) for a free consultation, we will provide you with an overview of all your available legal options as well as a recommendation for whether to continue wearing your fitness tracker or smartwatch. We’ll also include an estimate for how long your case may take to settle and how much your final damages award may be worth.
DLG’s Glendale, California-based car accident and personal injury attorneys have helped injured victims like you secure more than $200,000,000.00 in settlements and verdicts with a consistent 98% winning record.
Ready to file a claim and pursue justice through a financial damages award? Our expert attorneys are available online or by phone now.
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