Atlanta Personal Injury Lawyer Blog
Worried that your fitbit may be used against you in a situation where you are injured in an accident? Fitbits are technological devices that are readily available in the market and are crafted to track your physical activities that may range from your heart rate monitoring to your body weight. Personally, I have a Fitbit. One of my friends recommended it to me at a time when I needed to be my own health coach. My core reason for purchasing a Fitbit was to track my exercise activities and sleep pattern.
After buying it, I was all hands on deck determined to make it useful and make a positive change in my life. At first, it was difficult to get used to sleeping with a gadget on my wrist since am not a gadget person. However, my sheer determination to track my physical activities made me adopt to it. Since then, I have grown to enjoy it and I would say that I can’t do anything without it.
One day as I was going through the advantages and disadvantages of using a Fitbit, it came to my attention that the data collected by the gadget can be used in court cases as admissible evidence. This puzzled me and made me develop reservations about using Fitbit.
Determined to understand the hazards of this newly found information, I embarked on a researching spree. My core concern was that a person using Fitbit sought to tract their physical activities. To my disappointment, I learned that the information collected by the device can to some extent be misleading. I also learned that the manufacturers of the device invade on our privacy through tracking our activity levels before, during and after exercise/activity/auto collusion.
Don’t get frustrated yet!! There is more to this than you think. So what should you do to ensure that your Fitbit boosts your suit in case of an auto accident lawsuit?
On a positive note, I learned that for your lawsuit outcome to be successful, you should not use your Fitbit as your only source of evidence. I know you are wondering which other sources of evidence can be used. Well, worry not because I got a breakdown on how to use Fitbit records as a sole source of evidence to win your auto accident lawsuit.
From my research, it came to my attention that Fitbits have solely been part of two lawsuits. The first one was a personal injury case. The other one revolved around a woman who placed a 911 call claiming that she had been raped by a home invader.
Fitbit in Personal Injury Lawsuits
I gathered that Fitbits are tracking devices that can either support or harm your personal injury lawsuit. For example, if you as a plaintiff claim that you were active prior to the auto accident, Fitbit records can be used as evidence to prove your activity levels and determine whether there are any lifestyle changes. This demonstrates the use of Fitbit in support of your personal injury lawsuit.
Conversely, the contrary is also true. If you as a plaintiff is injured but your Fitbit device still shows that you activity levels are still extremely active, then Fitbit records will be used to prove that you are lying about the degree of your injury. This establishes the use of Fitbit in harm of your personal injury lawsuit.
Similarly, if you as a plaintiff claim that prior to your injury your activity levels were high yet all you did was sit around the house, Fitbit records will be used to prove that you are being deceitful about your physical status. This will harm your personal injury lawsuit.
Dishonesty is likely to sway the jury’s leniency towards you as a plaintiff. Therefore, my advice to you is to uphold honesty in case a personal injury occurs as this can either make or break your case. Most of all, as you wear your Fitbit, be aware that Fitbit records can either be your friend or enemy!
Fitbit in Criminal Lawsuits
I am not surprised to know that Fitbit can be used in criminal lawsuits. In March, 2015, a woman in Lancaster, Pennsylvania, placed a 911 call claiming that she was raped by a home invader while sleeping. Through her statement, she told the police that she woke up at around midnight and found the intruder on top of her causing her to lose the Fitbit in the struggle. However, the Fitbit was found in her hallway and when the data was downloaded, it demonstrated that the woman was actually awake and walking around. There was no evidence that she was raped. Sadly, the police also found further incriminating evidence. Consequently, charges were filed against the woman for filing a false report and creating a false scene at the house.
Clearly, honesty is the best policy when dealing with auto accidents lawsuits arising from the use of Fitbit or other tracking devices.
I have realized that all tracking devices store huge chunks of data that may be used to support or harm your case. It is also important to know that wearing Fitbit and other tracking devices establishes where you are at all times. They also show whether you are active or inactive through your activity levels.
As you embrace technological advancement, be sure to know the pros and cons of doing so. Whether technology is good or bad depends on how you are using it. If you buy a Fitbit device, use it for the right reasons. This will enable you win your auto accident lawsuits at all costs.
I for sure will use my Fitbit for all the right reasons because I don’t know what the future holds. I might be a victim of an auto accident and my Fitbit records may be used for or against me.
Therefore, purpose to do what is right, flex those muscles, track your calorie intake, and track your sleep patterns with no regrets. It may pay off some day. But most importantly, embrace honesty at all times because technological advancement may haunt you forever.