Injury In Idaho

Fitness Trackers: the Future of Evidence in Personal Injury Cases?

In a recent Canadian personal injury lawsuit, a plaintiff used data from her Fitbit fitness tracker to demonstrate how her activity levels had decreased after an auto accident. Although she did not have a Fitbit when the accident occurred, her lawyers argued that as a personal trainer, her physical activities would have been high.

The plaintiff’s lawyers analyzed the fitness tracker’s data using software that compares a person’s activity against that of the general public. The analysis demonstrated that, post-accident, the level of activity that she could sustain was substantially lower than a baseline for someone of her profession and age.

Fitness Trackers – New Technology in Court Cases

Wearable trackers like Fitbit sense user movement to record steps taken and combine it with user data to calculate calories burned, distance traveled and intensity of exercise. Basic models also track sleep quality. Newer models track body mass index, heart rate and even come with GPS technology.

In a personal injury case, the injured party has the burden to prove the severity of the injuries. Physician examinations, medical records, eyewitness reports and proof of lost work are all important evidence of injury but often are clinical interpretations. The Bendell Law Firm in Coeur D’Alene, ID knows that it’s difficult to accurately assess the impact of an injury on a victim and conclusions may often be subjective and even biased. However, fitness trackers contain hard data that can be analyzed to accurately calculate any loss of activity level.

There are many hurdles to be passed before the acceptance of fitness tracker data becomes commonplace accepted evidence. Tracker accuracy may be questioned and privacy rules will come into play. In the Canadian case the plaintiff willingly provided her fitness tracker data – a defendant would require a subpoena. But it’s certain that as technology continues to grow exponentially, new tools like personal trackers will have an impact on personal injury and other legal cases.

Attorney James Bendell has extensive experience in auto accident cases and vigorously represents his clients as he works for successful outcomes. As an Idaho personal injury attorney, he has also handles serious injury, premises liability and all types of vehicle accident cases. Call our office at or contact us through the website to schedule a free initial consultation for your injury case.

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