A self-tracking wearable device known as ‘Fitbit’ is technologically similar to the “black box” technology found on a vehicle. Fitbits and other wearable data tracking devices can monitor and track just about everything including exercise, sleep patterns and daily activities such as the amount of time one spends standing or the number of steps taken by an individual per day. Since black box generated reports can be downloaded and used as evidence in lawsuits and accident claims by either side to support allegations or defenses, it will come as no surprise that the data received by wearable tracking devices may soon also be used as evidence for settlement negotiations or in courtroom cases.
Who will interpret the individual’s data?
An outside analytics company will be used to crunch numbers and define statistical norms from raw data uploaded by the general population. The individual injured person’s data will then be analyzed and compared with the mean of the general population and possibly used as evidence in personal injury cases. If you are seriously injured in an automobile, motorcycle or trucking accident, the evidence from these wearable devices will confirm a daily lifestyle of restricted activities. Thus, your wearable data tracking device may serve as your own expert witness in your accident case.
Over the past few years more and more wearable devices are coming to the market. Apple has a product known as HealthKit and Google has one similar for Android users called Google Fit. It is estimated that 19 million wearable devices will be purchased in 2014. The general rule will dictate if you wear a device which collects personal data, then the production of that data will be requested by the opposing side and required by a court of law if you claim a personal injury.
This general rule is similar to evidence that is produced from a cell phone (text) or on social media sites such as Facebook, Twitter, YouTube, Pinterest and Linked In. The technology is here and easier to trace than ever before.
If you’ve been injured in an accident, call Charlie Ward today at 317-639-9501 for a free evaluation of your claim.
By Charlie WardWard & Ward Law Firm 728 S Meridian St Indianapolis, IN 46225 317-639-9501