Why You Should Never Talk About Your Auto Accident on Facebook or Other Social Media

In today’s smartphone-driven world, we constantly update our friends about everything that happens to us via social media. So when you are in a car accident, your first instinct may be to tell everyone in your Facebook and Twitter feed. This is almost always a bad idea, especially if you later need to bring a personal injury claim against the person or persons who caused the accident.

Your Tweets May Be Used as Evidence Against You

Social media tends to lull is into a false sense of security. We forget that when we post to Twitter, we are basically sending a text message to the entire Internet. Similarly, while Facebook and other sites may let you “restrict” posts to certain groups, the reality is everything on the Internet is a matter of public record. And even if you do consciously mark certain content as “private,” that will not protect you from a defense attorney’s subpoena.

You may not realize this, but in a personal injury lawsuit the defense has the right to conduct discovery, which may include just about any document or record in your possession. There is no social media “privilege,” and even posts made about you to a friend’s account may be discoverable.

And a smart defense attorney will comb over everything you say and do online following an accident. They are looking for obvious statements or images that undermine your case, i.e. pictures of you playing basketball after claiming you were seriously hurt in a car accident. But even something innocuous like posting post-accident vacation photos to Facebook may be twisted against you in court to show that you “exaggerated” the severity of your injuries.

Do Not Post, Do Not Delete

So what should you do? Nothing. More precisely, you should not post to any social media platform following an accident. This may sound harsh, but remember there is nothing you will say that can help your case and plenty of things that will hurt it.

Doing nothing also means that you should not alter or tamper with your existing social media feeds in any way. Some people suggest deleting or suspending your accounts. While this may help you avoid the temptation to post, it may be interpreted by a defense attorney (or a judge) as an attempt to destroy potentially damaging evidence. Indeed, there have been cases where courts imposed sanctions on plaintiffs who deleted social media posts.

Honestly, the best thing you can do after an accident is to simply inform your social media followers of that fact and let them know you will not be posting again until any potential insurance and legal claims are resolved.

An experienced El Paso & Las Cruces personal injury lawyer can provide more specific advice tailored to your situation. Contact the Lovett Law Firm today if you have been in an accident and need immediate legal assistance.