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Can your smart device affect your personal injury claim?

The chances are good that if you are reading this, you use some sort of location tracking device. Tracking devices include smartphones, smart watches, fitness trackers, smart glasses and the list goes on. While there are many advantages to these heavily used devices, there are also disadvantages.

With one in six Americans using some form of wearable technology and nearly every adult using a smartphone, it is critical that we appreciate the implications of this data collection on our daily life.

What does my technology know about me?

Behind the screen of your technology, sensors are tracking and storing information about your habits. Your devices likely knows all of these things about you:

  • Current and previous GPS locations
  • Browsing history
  • Everything Siri or Alexa has heard you say
  • Passcodes
  • Passwords
  • Every text message you have sent
  • Everything you have Googled
  • How long it takes you to travel between frequent locations
  • Data tracked by every app you use
  • At what angle you are holding your device

No one knows you better than your devices. It's kind of creepy, isn't it?

How can this data be used against me in court?

The repercussions of all this data tracking is evident in the courts. In some cases, location no longer needs corroboration. People can be tracked to the scene of a crime or the location of an accident. Cellphone data can show if a driver was sending or receiving a text message at the time of a car collision.

With personal injury claims, the courts have seen wearable technology and smartphones used as tools to make or break cases. Whether or not your cellphone data can be used as evidence in a lawsuit will usually be determined on a case-by-case basis. This is something to keep in mind if you get in an accident and need to prove another driver was at fault.

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