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Can I Use Evidence from My Wearable Technology?


Wearable technology has become more and more popular over the years. Some choose smart watches while others prefer fitness trackers, but both are collecting data throughout a person’s day.

There are times when these wearable gadgets can be used to help an individual’s personal injury claim. A Miami personal injury lawyer can review your claim and advise you on how, or if, wearable technology might support your side of the story.

Reconstructing an Event

Sometimes, after a car accident for example, an accident reconstruction process could be used. The process is a way to analyze documentation and draw concussions. Some of the things that could be considered when reconstructing an event include when the accident happened, the environment where the accident took place, the role of the drivers, and any other contributing factors. The process is done to help determine fault.

Things done during the investigation of a car accident:

  • Visit to scene of the accident
  • Look over the cars or trucks involved
  • Examine objects involved in crash, from traffic poles to buildings
  • Review police reports
  • Assess evidence such as tire marks

There are times when wearable technology can support the reconstruction process. For example, when a person is involved in a car accident and is wearing a fitness tracker, it might provide data that illustrates the effects of the crash. Plus, there is the possibility of using data from the gadget to show the strength of a person’s health before the event.

Another way wearable technology can be helpful in the legal process is through the use of GPS data. It could help to support or disprove an alibi, in some cases.

Devices can even fulfill the role of a witness at times. Miami personal injury lawyers often turn to witnesses to provide an impartial viewpoint. While securing individuals as witnesses is still a worthwhile pursuit, there are times when data from technology can provide what is needed to secure the maximum compensation amount possible. One way this can be done is when a personal data history can be compared to profile data during, and in some instances, following, an injury.

Concerns with Wearable Technology Devices

While there are wins due to wearable technology, there are concerns as well. The accuracy of the devices can be called into question. After all, wearable technology such as fitness trackers are typically designed to support fitness goals and weight loss, they are not programmed for the nuances that may be needed in a courtroom.

As with other forms of technology, there are privacy concerns as well. You need an attorney as personal injury law is constantly changing and evolving. Accident victims benefit from lawyers, people who know how to win personal injury cases.

Are you moving forward with a personal injury claim and need support securing proof? Talk to the Miami personal injury attorneys at Spencer Morgan Law. We have the legal knowledge to reconstruct an event and determine when another was negligent. Contact us today at 305-423-3800 to schedule your free consultation.

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