Like it or not, in modern society, human activity is recorded in data form by numerous gadgets. Progress in computerized technology, micro-sensors, and telecommunication makes it possible.
Wearables have become the new craze, and while you may love your Fitbit for the positive influence it has on your health, it may also bring advantages when it comes to your safety and security. Some of these devices are outpacing smartphones as the fastest growing segment of technology. Fitness trackers, smart watches or wristbands, smart rings and digital communication devices are increasingly popular.
Will the Silent Witness Take the Stand?
It was only a matter of time before wearables make their way into the courtroom. These seemingly innocuous devices are now becoming tools in personal injury cases, including car accident claims. Wearables record a great deal of data, so this should come as no surprise. Let’s look at how this new technology impacts legal cases.
Accident reconstruction is one of the top tools for a car accident law firm. Reconstruction is exactly as it sounds: when legal professionals reconstruct the scene of an accident, which allows for in-depth analysis and investigation of the circumstances that led to a crash.
Often experts are called in to determine the seriousness of the injury and outline for the jury or judge how the accident could have been avoided. Once the accident reconstruction is complete and you find a favorable outcome, the culpable party is obligated to pay damages.
The Role of Wearable Technology
Wearable technology does one thing, collect data about you. This information can prove your guilt or innocence.
Fitness trackers can be extremely helpful because they record detailed information about your health prior to an accident. For example, if the at-fault party’s lawyer is going to argue you were unwell prior to the crash and your negative health consequences were not a result of the accident, then your Fitbit can be presented as evidence to prove you were indeed previously in perfect health. The fitness tracker provides clear evidence of the decline in your overall health after the accident. It can even prove disability or fatigue by showing your decline in activity level, increased heart rate, exercise, diet, weight loss and even mood.
Any device using GPS data, including wrist watches, can be used to determine the whereabouts of a person at any given point in time. This will either prove or disprove an alibi. Monitoring patterns from global positioning metrics will help the judge make the right decision. It has been shown that this data is reliable, and it is allowed in court. Even so, there has to be some sort of corroborating evidence because occasionally, devices malfunction.
Relying On the Experts
Attorneys often rely on expert witnesses for testimony in car accident cases. The expert is usually hired to make an assessment and provide a concluding statement. In the cases where wearable gadgets are used, this testimony can be completely eliminated.
The human witnesses are no longer needed because the digital expert witness is actually your wearable device, since the data it collects is factual and prevents hearsay. At the end of the day, wearable technology has a significant impact in the courtroom. It is still in its infancy and the cases involving this type of technology represent only a small percentage of litigation, but as an ever-growing number of people use wearables, these devices are becoming more prevalent and can even help you win your day in court.