Can “Wearables” Be Used for Evidence in a Car Accident Case?
One of the most overlooked pieces of evidence by car accident victims is the wearable they had on during the crash. They usually remember to take photos of their injuries, record videos of the property damage, and write down the main facts and details of the accident. However, they may not realize that the very items that they are wearing can be valuable evidence in their car accident case.
What types of wearables can be used for evidence in an Oklahoma City car accident case?
There are many different types of wearables that can be used in a car accident case. The simple answer is that almost anything you were wearing at the time of the crash can be entered as evidence as long as it helps build your claim. Here are some different types of wearables that can be used for evidence in an Oklahoma City car accident case:
- Clothing: One of the most beneficial pieces of evidence you can use in a car accident case is your clothing. If your shirt, pants, or even socks have clear signs of blood, tears, or burns, it will show how severe the accident was. Many car accident victims who have experienced catastrophic injuries usually have ripped, bloody, and dirty clothing from the scene of the accident, which helps prove the extent of your crash and injuries.
- Glasses: If you wear glasses or sunglasses, you may be able to enter them as evidence. For example, if your glasses are broken or shattered, they may show how devastating your accident and injuries were. Broken or shattered glasses are common among car accident victims who suffer a blow to the head or face during a collision, which results in head, skull, facial, and dental injuries.
- Jewelry: Many people wear rings, bracelets, and necklaces on a daily basis. Therefore, if you were wearing jewelry at the time of your car crash, you may be able to use it as evidence. For example, if your jewelry is broken, shattered, or bloody, it may help prove how much force and impact your body experienced during the accident.
- Headwear: There are different types of headwear that may be used as evidence for a car accident claim. For example, if you routinely wear a hat, it may have blood stains due to the penetrating head injury you suffered as a passenger in the vehicle. However, if you were a bicyclist hit by a car, you may be wearing a bicycle helmet that has visible cracks and dents from where you hit your head against the vehicle or on the hard pavement.
- Shoes: Your shoes are another wearable that can be used as evidence in a car accident case. Accident victims may use their shoes as evidence if they suffer a foot, ankle, or leg injury. For example, if you were a pedestrian walking in a parking lot and another vehicle sped past you and ran over your toes, you may be able to use your shoes as visible proof of how severe your injuries were.
- Technological wearables: More people are relying on technology in every part of their lives. Therefore, when a person is involved in a wreck, there is a good chance that they may be wearing some type of technological device, such as a Fitbit or Apple Watch. These technological wearables keep track of your movement, speed, location, heart rate, and more. As a result, they may be able to provide an in-depth look into your crash and how your body reacted to it. Bicyclists and motorcyclists may also wear a smart helmet or a body camera, which can also record certain information and give a first-person view of what happened during their accident.
What should I do with my wearables after a car crash?
If you have any wearables that are damaged, torn, or bloody after a crash, you should take them off, photograph them, and preserve them. You should place each item in a bag and store the bags in a safe location until your lawyer can evaluate everything. When deciding where to store these bags, you want to ensure that no one will mistake them as trash or that the condition of the items inside will not be altered or tampered with in any way. It is important to also make sure that you do not forget to mention the wearables that you have when your car accident lawyer asks for all evidence.
Wearables can provide beneficial evidence. Therefore, if you believe that you may have a wearable that could be used as evidence, contact a car accident attorney as soon as possible. The Oklahoma City car accident attorneys at Cunningham & Mears understand the value of evidence and can ensure that you enter all necessary forms of evidence following a collision. Call our office or submit our contact form to schedule a free case review today.
Ryan Y. Cunningham is a founding partner of Cunningham & Mears. Mr. Cunningham devotes his practice to protecting the rights of injured Oklahoma residents. In addition to assisting injured clients, Mr. Cunningham endeavors to improve personal injury representation by speaking on issues related to personal injury law to attorneys in continuing legal education courses and to law students. Learn More