Your Social Media Posts Can Affect Your Car Accident Case

Unfortunately, car accidents are common. While this doesn’t change the severity of your injuries or the amount of compensation you should be awarded, the commonplaceness of such an incident may make you think that you can share all the details about it on your social media account. This is especially true if you are looking to file a personal injury lawsuit in order to receive restitution for your injuries if your accident was caused by someone else’s negligence or recklessness.

You may be thinking, “Why would it change anything? Facts are facts.” The at-fault party likely has their own legal team, and you better believe they are going to be looking for any cracks or holes in your story that they can use to their advantage. They can even use your friends’ comments on your posts about the accident against you in the lawsuit. This is why, when you are in an accident that is then under litigation, mum’s the word, even on Facebook and Instagram.

What types of social media stuff can ruin my case?

Let’s say you DO post on social media about your accident (please don’t). In this very hypothetical case, there are several aspects that can hurt your lawsuit.

Say you mention your injuries or health status — insurance folks and the other side’s legal team are all over it. They might use your posts to downplay how badly you got hurt and argue for less compensation.

And then there are the photos. A picture might say a thousand words, but without context, it could tell the wrong story. That smiling pic with friends? They could spin it to make it look like you’re not as hurt as you claim. So, you’ve got to think twice about what you’re sharing visually.

Now, about contradictory statements — they’re like a legal red flag. If what you say on social media doesn’t match what you’re saying in court, it’s a problem. Consistency is key, so keep your story straight across all your posts.

Even sharing your location can have consequences. If you tag where you are right after the accident, it might be twisted to suggest the accident was less serious than you’re saying, or that you’re less severely injured because you had time to check in on social media. So, keep an eye on those location tags.

And don’t forget the comments. Your friends might mean well, but they might not realize the legal mess they could accidentally stir up. What if they mention how horrible a driver you are, or that your constant speeding finally got you into trouble? That’s bad news for you, and great news for your legal opponent.

As we can see, your social media after a car accident can play a big role in your personal injury case. You want to stay connected, sure, but you also want to protect your case. So, be mindful of what you share and how it might be used against you. It’s like walking a digital tightrope to make sure your rights are intact and you get the compensation you deserve.

What can I do to protect my rights?

If you can’t neglect social media altogether (we get it, it’s difficult in our day and age), there are some things you can do to avoid hurting your personal injury case. These include:

• Adjust privacy settings. Best and first thing you should do is review and adjust your privacy settings to control who sees your posts. Limiting the audience for your updates can help minimize the potential impact on your case. It is probably best to make your account completely private.
• Think before you post. Consider the potential implications of each post. Avoid sharing details about your injuries, health condition, or the accident’s specifics. Remember that anything you say or show can be used against you.
• Limit photo sharing. Be cautious with photos; they might also be misinterpreted. Consider the context and how an image could be perceived in a legal setting before sharing it.
• Avoid location tags. Refrain from tagging your location immediately after the accident. Location data can be misused to suggest the severity of the incident, potentially impacting your case. Frankly, it is best to turn off location tagging altogether until after the case.
• Be consistent. Maintain consistency in your narrative across all platforms. Contradictory statements, whether in captions or comments, can be used to challenge your credibility, so it’s essential to present a unified story. Not that we’re saying you’re lying about anything, but all of us are only human, and it’s easy to make a mistake – a mistake your opponents will use against you.
• Communicate with friends. Let your friends know about the sensitivity of the situation and ask for their discretion. Ensure they understand the potential legal ramifications of their comments on your posts.
• Consult with your attorney. If you’re uncertain about what to share, consult with your attorney. They can provide guidance on navigating social media in a way that protects your legal interests.

Remember, your social media presence can become a part of your case’s narrative. By being mindful of what you share and how it might be perceived, you can better protect your rights and increase the likelihood of a fair and just outcome in your personal injury lawsuit. It might just be best to talk about your accident in person with close friends and loved ones only.

If you are worried about your social media posts after your car accident, the attorneys at Philbrook Law can help you. As legal professionals that have been in the business for years, we know exactly what will hurt your case and what can secure you rightful restitution. To schedule a free consultation, call us or fill out our contact form. With offices in Battle Ground and Vancouver, WA, we’re here to ensure that you get the compensation you deserve. We also proudly serve clients in Oregon.