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The Future of Wearable Technology in the Courtrooms

Posted on behalf of Arnold Law Firm in

personal injury attorney

New technologies always require different sectors of society to evolve in new ways. This is particularly true in the legal field where new technologies such as smartwatches and Fitbit bands may be at the center of criminal and civil litigation in the near future.

In what is surely the first lawsuit of its kind, an attorney in Canada is using data from a Fitbit wristband in support of his clients claims in a personal injury insurance fraud lawsuit.

The firm collected the data on the clients Fitbit band and submitted it to an analytics platform owned by Vivametrica. The platform was then able to compare the injured clients activity level with that of the general populations activity level.

Wearable technology can not only track data related to health, they also can and do record geographic location and movement.

In effect, with the proper analysis, it is possible to track every single place you have gone and how long you were there.

Privacy matters aside, the most interesting question is when privacy is breached, how will the data be used in court.

It is important to note that insurers cannot force litigants to actually wear Fitbit bands or similar devices. However, if an individual who is at the heart of any litigation wears such a device, any data on the device may eventually be subpoenaed by insurance companies and other parties.

Arnold Law Firm Legal Technology Gurus Serving Sacramento County & Beyond

One of the defining features of the Sacramento, CA personal injury attorneys at Arnold Law Firm is their commitment to creating and applying the latest litigation tactics.

When new technologies emerge that can provide our clients with an advantage, our attorneys work to quickly master them. We are excited about having new ways to ensure that our clients pain and their family trauma is properly compensated.  

To ensure that you have up-to-date legal representation, call (916) 777-7777 or fill out the Case Evaluation form. 

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.