Since the advent of social media, it has impacted nearly everything we do. While it has benefits, such as connecting distant family and friends, it can also be a terrible distraction. For many, the instinct to rush to social media to detail anything interesting in one’s life can be an irresistible temptation. Most of the time, there are no consequences for such actions. But as many have learned, things posted on the internet remain permanent. Social media after a DC car accident can be detrimental to your case. It has been known to do much harm to reputations and careers. In addition to being a distraction from more important matters, people have ruined their own lives by posting things they should refrain from posting.
How does this relate to car accidents? Social media after a DC car accident can have drastic effects. Remember, insurance companies are in business to not make payments following your accident. They behave the same whether they insure you or the adverse tortfeasor who hit you. They employ smart people and diligent investigators to limit the amount they must pay for your injuries. Accordingly, if they find out you are posting things that contradict the story about your injuries, they will record it as evidence and use it at trial. This can dramatically undermine the value of your car accident case.
The header of this section may lead you to believe that you should take steps on social media after a DC car accident. But the reality is that the only immediate steps you should take are to get medical attention and seek guidance from a DC personal injury lawyer. The only step to take on social media pertaining to your car accident is to ensure you are in private mode and to refrain from posting about your accident. If you insist on posting, something we strongly advise against, pause before you post.
Imagine what your post would look like if it were used against you in court. Many know that things you say can and will be used against you in a criminal court. This is part of your Miranda rights, which we have often heard read in movies. However, such evidence can and will be used against you in a civil court, too.
List of steps to take until the end of your case:
Some accident victims will say whatever they feel necessary to their attorney to win their case. But when guilt overcomes them, they go to social media to vent about feeling guilty. Social media or any other public space is the last place to vent. The first thing to do is to be truthful with your lawyer. An ethical attorney will choose not to proceed with the case. If you go to social media, you may spoil your case. Even writing phrases like “I feel so guilty” without further context may be admissible in court. While circumstantial evidence, it still carries weight in a jury trial. It may be what the defense needs to tip the scales in their favor. Accordingly, they will search for this evidence for many more prominent car accident cases.
The legal landscape of social media in DC car accident cases is that social media has an impact. If you post something online, it may be admissible in court. Many fail to realize that insurance carriers employ investigators to collect evidence, especially in higher value cases. If you claim to be unable to perform daily hobbies due to debilitating migraines that affect your quality of life, yet continue to participate in your weekly sports league, this is evidence that undermines the narrative in your case. Not only will you become a less credible plaintiff, but the value of your case will be drastically reduced.
Proving damages in a personal injury case must be done by a preponderance of the evidence. This means that a jury must believe it is more likely than not that you suffered this injury. It can also mean, more likely than not, that you no longer have the same quality of life after your injury. We will never meet that burden if you post activity online contradicting your claims.
If you are caught participating in sports, you signal to the jury that your injury is not as bad as you claim. The same can be true if you claim to miss time from work due to an injury. If you are excused from work because of back pain but then go and perform activities that elicit even more strain on your back, you may lose the right to your lost wage claim. Not recovering missed wages can put a plaintiff in a serious financial hole. And yet, social media can have that effect on your DC accident case.
While we outline the pros and cons of sharing your car accident on social media, our position is staunchly that the cons far outweigh any pros.
In general, we advise against sharing your car accident on social media whatsoever. However, there are some benefits worth briefly mentioning.
Of course, never post to social media without express permission from your attorney with regards to your accident.
Our position is that the cons far outweigh any advantages of sharing your DC car accident on social media. First, there is the chance for misinterpretation or ambiguity. Ambiguity in a post exposes you to word manipulation by defense counsel in the trial. Even if you post something unrelated to your accident but do so in a positive light, it can be used against you. For example, if you post about your favorite sports team, it will appear like you have enjoyed resting and recovering on Saturday instead of performing your usual hobby. Imagine that you testify at trial about how unbearable your pain has been. Then, defense counsel shows your social media posts where you are exhilarated about a sports game.
Posting about your favorite team may feel innocent. Still, it is more challenging to make a loss of quality of life argument when you get to watch a team you might otherwise have been unable to watch had you not been injured and could have participated in your sports league on Saturdays.
Moreover, social media can be harmful. Negative commenters may not take your side about your post. They may know the tortfeasor personally and feel the need to defend them. Their reaction may cause you to respond and say something harmful to your case. This exchange may be admissible at trial.
Social media and the law are at an interesting cross-section. On the one hand, social media may feel like your personal life, which should be completely unrelated to your legal case. But on the other hand, they are more deeply intertwined than you may realize. Contact a personal injury lawyer immediately if you have questions regarding social media and your DC car accident case.
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