Posted on Monday, April 9th, 2018 at 6:45 pm
With Facebook in the news lately being forced to answer questions about profile safety and privacy, it is an appropriate time to review the dangers of using social media after a car accident. If we have learned anything over the past few years, it is that our information online is not as secure as we may want to believe, including social media posts.
While there is nothing inherently wrong with using social media after a traffic accident, you should understand the risk of posting information after a car crash. You also need to understand how that information could be used against you in a personal injury claim.
Using Social Media Posts as Evidence
As we have learned, posts on social media accounts have a way of becoming public even though we may set privacy settings as high as possible. Friends of friends may access our information and repost pictures and comments. Defense attorneys are aware of the power of social media. Therefore, they routinely search for online posts from accident victims to use as evidence in personal injury cases.
A jury could misconstrue an innocent picture or post as evidence you are not as severely injured as you claim. A picture of you at your niece’s birthday party or a comment to a friend that you are doing “fine” or “great” could hurt your case. Therefore, it is best to refrain from posting on social media until your case is settled.
You may believe your information is private and the insurance company cannot gain access. However, some courts across the country are ruling in favor of defense attorneys who seek access to social media accounts. In some cases, the court may order you to produce copies of your posts or provide your login information. Therefore, it is best to err on the side of caution. You should assume anything you post may be accessible to the defense in a personal injury case.
Tips for Using Social Media After a Car Accident
The best advice is to avoid using social media after any car accident. However, if you cannot give up social media, these tips can help you avoid mistakes that could hurt your case.
- Do not post pictures!
- Do not discuss your accident, injuries, or recovery. Any comments you make about the accident could be used as evidence by the other side.
- When commenting, make sure you that you do not say anything about your condition, such as “doing fine” or “feeling great.”
- Avoid discussing any physical activities, including housework, cooking, working, shopping, etc.
- Do not discuss financial matters, including medical costs or loss of income.
Your attorney may have additional advice about using social media after a San Leandro traffic accident. Therefore, make sure to discuss this topic with your attorney as soon as possible.
San Leandro Accident Attorneys
Our legal team guides you through the process of filing an injury claim to recover compensation from a negligent driver. Let us help you protect your right to recover full compensation for all damages.