Can Google Maps Win My Personal Injury Case?

Written by Yusra Javed

Recently, the New York State Legislature passed a bill allowing injured people to use digital mapping services, like Google Maps and Google Earth, in court without needing to formally verify them. Personal Injury lawyers believe that this will be a great help for injured pedestrians, cyclists and drivers in receiving a full and fair settlement for their injuries.

While such resources have always been used in civil and criminal cases, lawyers previously had to spend additional time and money proving the reliability of these maps. These extra steps could be costly and time-consuming, given that the attorneys are already tasked with building a case.¹ However, this bill has made the process of presenting such evidence to courts much smoother. For people involved in injury cases, this can make a real difference. Because maps are used to show where and how an accident happened, injured individuals can present their cases clearly and efficiently.

Why Digital Maps Matter in Personal Injury Cases

Digital mapping tools–including images, maps, locations, distances, and route calculations–are often used to establish the main facts in a case. In personal injury cases, they show the exact location of an accident, measure the distance between the injured and the uninjured, and estimate travel times for emergency responders. Mapping resources can also assist in reconstructing the injury’s occurrence, particularly in conflicting claims, such as in vehicle collision cases or dangerous conditions near intersections.²

There are some rules for personal injury lawyers to take into account when using these tools in court. For instance, the map or image is required to show when it was created, along with a notice before the lawsuit proceeds. The opposing party can also object before the case moves forward. However, despite the trust we tend to have in platforms like Google Maps, courts do not treat this information as automatically reliable. Mapping evidence can still be challenged, particularly about where it’s actually relevant to the case.³ 

How New York Courts Have Treated Mapping Evidence 

New York courts have taken a cautious approach when assessing digital mapping evidence. While they are more relaxed with taking judicial notice of basic geography (information regarding streets, distances, and neighborhoods) and facts that are easier to prove, they are more careful when it comes to estimates of travel times, suggested routes, and real-time data (e.g., traffic). This type of information is less reliable because it is much more difficult to prove because of the complex calculations behind it.

For example, in 2013, the court accepted distances and locations from online maps, but it also highlighted that there needs to be limits when considering mapping tools in People v. Johnson.⁴ The court drew the limit at anything beyond geographical facts, since precision is a huge factor. Similarly, in 2015, the court used mapping tools to understand the location and context of the injury in Matter of Khatibi v. Weill.⁵ This has evolved with time. Five years ago, in People v. Cunningham, the court considered the distance and travel time (calculations it was wary of before) from Google Maps.⁶ However, the court still emphasized that this information is only supplemental, and it cannot be exclusively relied on when considering the case at hand.

What the New Bill Changes for Injury Claims

While digital mapping services can be helpful, they do not determine liability on their own and are typically considered with other evidence. Regardless, the new bill makes it easier for injured individuals to use digital mapping services to present their accounts effectively and strengthen their claims. These maps are of great importance in NYC personal injury claims because they answer so many questions: what happened, why it happened, when it happened, where it happened, and who is responsible. Easing the process of admitting these maps as evidence allows courts to understand the facts surrounding an accident. So, while Google Maps cannot win a personal injury case on its own, it can help support a claim and make it stronger.

If you or a loved one suffered complications following an injury, you may have legal options. Reach out to our team for a confidential consultation to learn more about your rights and whether you could be eligible for compensation.

References

1. Dan Clark, NY Courts May Take Judicial Notice of Google Maps Under New State Law, N.Y. L.J. (June 26, 2018).
2. FARO Technologies, Accident Reconstruction LiDAR, FARO Resource Library.
3. Guide to N.Y. Evid. rule 2.05, Judicial Notice of Map Information (CPLR 4532-b).
4. People v. Johnson, No. 2013 NY Slip Op 23124 (Crim. Ct. Bronx Cnty. 2013).
5. Matter of Khatibi v. Weill, 8 N.Y.S.3d 355 (Sup. Ct. Nassau Cnty. 2015).
6. People v. Cunningham, 71 Misc. 3d 1226(A) (Crim. Ct. Kings Cnty. 2021).