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

If you are injured in a car accident, call The Tiemann Law Firm at (916) 999-9000 or visit our website for a free consultation with a San Leandro personal injury attorney.

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.

Client Testimonials

Jennifer T. Testimonial
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I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

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Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had excellent staff as well.  Highly recommended...

Jereme S. Testimonial
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No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Matt H. Testimonial
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.