Fitbit Data as Evidence in Car Accident Case
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Fitbit Data Being Used As Evidence in Car Accident & Other Cases

Fitbits, one of the many devices available on the market designed to track your activity levels, sleep, weight and even calorie intake. I myself have a Fitbit, after it was recommended to me by one of my friends I was interested in the little “health coach on a budget” device. One of my main reasons for obtaining the Fitbit was to track my sleeping pattern. Soon after buying it however, I realized that I could not stand to sleep with it on. (Insert sad trombone sound effect here.) But glass half full, that wasn’t the only reason I purchased it and it serves its purpose pretty darn well in every other aspect.

Since I have grown to love my “wrist health coach” it certainly caught my attention, when one morning while I was getting ready for work, I heard on the news that the data gathered by Fitbit’s was being used as evidence in court cases.

Now this sounded like something right up my alley!

I had one concern though, anybody who’s used any of the devices out there designed to track your activity levels etc. knows that the information gathered is only as good as how often you wear the device, so it can be misleading in a way. But then on second thought, I guess as long it’s not used as the sole source of evidence it works out.

So far, I am aware of Fitbits only being a part of two cases, the first being a personal injury case, which was naturally right up my alley.

A woman, who had been involved in a car accident, had her lifestyle and activity levels compromised as a result of the accident. She was a personal trainer and as a result of her injuries she could not be as active as she was prior to the accident. Her attorney used the data gathered by the Fitbit to prove her reduced physical activity, along with other supporting evidence. Now granted, I do not believe that the data obtained from the Fitbit’s should be used as sole evidence, but that data partnered with medical records and expert witnesses can be really convincing. It is exciting to know that as technology grows so grow other opportunities and I look forward to seeing these devices being used more and more in court cases.

The second case involved a woman in Lancaster, Pennsylvania who placed a 911 call claiming that she had been raped by a home invader. She had told the police that she woke up around midnight to find the intruder on top of her and that she had lost her Fitbit in the struggle. The Fitbit was found somewhere in the hallway and when the data was downloaded, it showed that while the woman said she had been sleeping up until the incident occurred, the data recorded showed the woman was actually awake and walking around. That along with other missing pieces of the puzzle in the woman’s story helped to prove that she was being less than honest.

Clearly, new evidence is always being used in legal cases and can do a lot to prove or disprove a particular matter. If you have been hurt in an accident and have questions about what kinds of evidence can be used to strengthen your case, don’t hesitate to contact Mazow | McCullough today for a consultation. Call now at (855) 693-9084.

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