Posting On Social Media After a Car Accident

After experiencing a car crash, you may want to share what happened with your family and friends on social media. However, posting on social media after a car accident can be a huge mistake. The other party’s legal team and insurance company may be looking at your social media accounts, waiting for you to post anything they can use against you. If you are not careful when posting and talking to people on social media, you could jeopardize your case and the overall compensation you receive.

Reasons why you should not post on social media after an accident

While posting on social media may seem completely harmless, these posts can actually be retrieved by the opposing team and used to reduce the financial recovery that you receive or to throw out your case altogether. Here are a few different reasons why you should not post on social media after a Tulsa car crash:

• Everything you post becomes public information and evidence: If you have recently been involved in an accident, it is important to know that insurance companies and lawyers are likely spending their time monitoring your social media accounts. They aim to find any information you post to contradict or disprove any allegations you may make at a later date, whether regarding liability for the incident or the damages you suffered as a result. Statements made online and on social media can be used as evidence in an insurance claim or court case.
• Your posts can be misinterpreted: Your posts could be misinterpreted by insurance companies, lawyers, judges, and jurors. For example, if you post that you are doing okay or respond to someone telling them you are fine, this could be twisted and turned to mean that you are not as injured as you originally claimed or are doing much better. While you may have been in the middle of a conversation based on “small talk” with a friend and trying to remain positive without giving too much information about your accident or recovery, the opposing team will likely not take this into account when making the argument that you exaggerated your injuries. Another example is if you post an apology to a passenger who experienced life-threatening injuries, this could seem like an admission of guilt as opposed to merely being generally sorry that a loved one or friend is suffering through a situation you were also involved in.
• Anything you say can be turned around to fit the opposing party’s narrative: It is common for people to use their social media accounts to express themselves and share the highs and lows of their lives. For some, it may seem like a natural impulse to vent, complain, or share their frustrations about the accident on various platforms. A skilled defense lawyer can find a silver lining in any statement that otherwise would be beneficial to an injured party, so the best advice is to just not refrain from posting on social media altogether.

You should take a break from social media until your car accident case has ended. However, if that is not possible, you should be very careful about what you post or talk about on these platforms while going through the legal process. Whenever you feel hesitant or unsure about whether to post something, reach out to a Tulsa car accident lawyer for advice or guidance.

What information from social media can be used against you?

After learning that lawyers and insurance companies may be looking through your Facebook, TikTok, Instagram, and other social media accounts, you may be curious to know the types of things they are looking for. The short answer is any and everything. Their goal is to obtain any relevant information to your case and use it against you. Some of the different types of information pulled from social media accounts are:

• Photos, videos, or tags of you participating in activities or hobbies that a person who is hurt typically cannot do (sports, walking your dog, going to the gym, walking on the beach, etc.)
• Photos, videos, or tags of you not using the medical device that you claimed your doctor prescribed (a wheelchair, crutches, walker, etc.)
• Posts or replies stating that you feel okay, fine, or are doing good
• Posts or replies about your medical recovery or injuries that may be used to show that there are inconsistencies with your testimony
• Check-ins to a place that could be used to show that your injuries are not as severe as you claimed (a vacation, an amusement park, the grocery store, a gym, a nightclub, etc.)
• Posts or comments that could be used to show that you were at fault for the accident (apologies, admitting a mistake, showing signs of guilt or regret, etc.)

Is there any information from your social media accounts that cannot be used in a car accident case?

No, every last piece of information posted on your social media accounts can be used in a car accident case. However, for it to be used, the opposing party must be able to prove that it is relevant to your case, which is a very low burden. Without delving too deeply into the legal bases, if the defense can show that a particular post tends to contradict or disprove any statement or portion of your claim, a judge will almost certainly allow the jury to hear the evidence.

This does not mean you should go back through your accounts and delete any posts, photos, videos, or replies. If you do this, it will look like you are guilty or hiding something. In addition, anything you delete can usually be recovered and used against you, only this time it will be after you’ve attempted to hide the evidence.

Examples of social media being used in a motor vehicle accident case

Social media has been used in various motor vehicle accident cases. The following are two very different examples of motor vehicle accident cases where social media was involved. They are helpful for understanding how courts may treat evidence from social media accounts.

1. Largent v. Reed: In this case, Keith Largent (plaintiff) operated a motorcycle with Jessica Largent (plaintiff) as the passenger. They approached an intersection, where Jessica Rosko (defendant) slammed into a minivan and pushed it into the plaintiffs’ motorcycle. The plaintiffs on the motorcycle claimed various losses from the accident, such as “serious, physical and mental injuries, pain and suffering.” However, Jessica Rosko discovered that Jessica Largent had a Facebook account that she used regularly. Largent would not voluntarily hand over her Facebook information; she was ordered by the court to turn over her comments and posts as evidence. The court stated that no privacy is associated with social media accounts, meaning that photos, videos, check-ins, posts, and private messages can all be used as evidence in an accident case. After Largent handed over her social media account information, it was discovered that she had been engaging in various athletic and physical activities, which showed inconsistencies in her injury claim.
2. Allied Concrete Company v. Lester: Isaiah Lester was taking his wife to work when an employee, William Sprouse, of Allied Concrete Company, lost control of his company’s concrete truck, causing it to tip over and land on Lester and his wife’s vehicle. Lester’s wife died as a result of her injuries, and Sprouse pled guilty to manslaughter for her death. Lester filed a claim against Allied Concrete and Sprouse for economic and noneconomic losses. Lester’s lawyer encouraged him to “clean up” his Facebook and Myspace accounts, causing him to go on a deleting spree in hopes of getting rid of anything that might jeopardize his case. Even though Lester eventually won his case, the deleted posts and information were restored and retrieved, which resulted in fines and violations. The court ordered that Lester pay $180,000 and his attorney pay $542,000 for hiding social media information.

If you or a family member has recently been involved in a car accident, consider speaking to a Tulsa car accident attorney from Biby Law Firm Injury and Accident Lawyers right away. It can be challenging trying to navigate the legal process while also healing and recovering, which is why our team is here to answer any questions and concerns you may have and ensure you do not make any mistakes along the way. We can also help you understand the connection between social media and your personal injury case, explaining the risks of using these platforms and providing advice on what you should or should not post. Please call our office or submit our contact form to schedule a free, no-obligation consultation to learn more about how we can help you today.