By Pendergast Law on March 25, 2020
With the popularity of wearable fitness tracking devices on the rise, so is personal accountability. People typically begin wearing a fitness tracker to help them lead healthier lifestyles and track fitness goals. Should you get in an accident while cycling, personal activity tracking devices, such as Fitbits and Apple Watches, may also be able to help your personal injury case. Your data can help your Seattle personal injury attorney show a jury how the injuries you have sustained have affected your life after your bicycle accident. This is an unintended, but a potentially case-saving benefit of wearing a fitness tracking device.
What Kind of Data is Measured?
Personal activity tracking devices collect data by using an accelerometer to measure your movements and then translate the data into digital measurements. These measurements include:
- Number of steps taken
- Number of stairs climbed
- Heart rate, including resting, BPM, and peak
- Sleep quality
Who Measures This Data?
All of these things are saved in your activity tracking account. Companies like Fitbit and Apple not only have your data stored, they also have data from millions of people worldwide. The median activity of the general population may further demonstrate the decline in your activity. These averages can be pulled from companies like Vivametrica, who specialize in comparing data collected from individuals to that of the general population.
What if There is GoPro Footage of My Accident?
If you were wearing a GoPro at the time of the accident, the footage may be used to help determine who was at fault. This evidence should be submitted to your attorney for review. If the other party was wearing a GoPro, it is essential to notify your attorney immediately, so we can take proper legal action to obtain and preserve the evidence from your accident. We can use this to negotiate a settlement with the insurance company.
Fitness Tracking as Evidence
If you have been wearing a Fitbit, or another personal fitness tracking device for a significant period of time leading up to your bicycle accident, it will have saved an enormous amount of data. This data reflects what your average level of activity was before you were injured. Let’s call it your baseline. If you have continued to wear the device after your accident, your attorney may be able to use the data to show the difference in your post-accident activity from your baseline. This information can illustrate the damages you have suffered.
Your data can also reveal that you have returned to your pre-accident conditioning, or baseline, which could work against your claim, but there are still other pieces of evidence that can help your case in conjunction with this data, such accident and medical reports. Our thorough and attentive Seattle bicycle accident attorneys have an extensive record of favorable case outcomes, whether in a negotiated settlement or jury award. When we take on a case, we review every piece of evidence, from new and evolving technology to traditional police reports, to ensure you receive the compensation you need to fully recover. Call our office to set up a free consultation with one of the leading personal injury attorneys in Seattle, Washington.