So many of us use social media without a second thought. That said, if you’re going through a car accident lawsuit, you should stay off of the internet. If you post things about the accident online, the defense might try to use those posts against you.
Relevant social media posts might be admissible in car accident lawsuits in Maryland. If you post photos, videos, or written posts to public social networking accounts, the defense might be able to see them. Posts showing you engaging in risky physical activity following an accident might harm your case. Refrain from referencing the accident on any of your online platforms. Do not post pictures of your injuries or document your physical recovery online. The last thing you want is for the defendant to try to use your social media posts lacking crucial context against you.
To get help with your case from our experienced Maryland car accident attorneys, call Rice, Murtha & Psoras today at (410) 694-7291.
When Might Social Media Be Used Against Maryland Car Accident Victims?
For a defendant to use social media content against you in a car accident lawsuit, the posts must be authentic and relevant to the case at hand. Otherwise, the court might not admit the posts in question.
Suppose victim’s social networking accounts are public, and they use those accounts to post photos, videos, or other content that contradicts parts of their claim. In that case, the defendant might try to convince the judge to admit those posts as evidence.
The defendant must first prove to the court that the evidence is authentic and came from your social media account. The defense might use various methods to authenticate online posts, such as obtaining information from the social media site confirming that you own the account.
The defendant must then establish relevancy. For example, pictures of your dog online may seem irrelevant to your case. But, if you are walking your dog in those photos and your claim involves a back injury that prevents you from working, the posts might be relevant.
Our Baltimore car accident attorneys may also review public posts from a negligent driver’s online accounts to see if they referenced the accident or posted anything of note that we can use in your case.
What Types of Social Media Posts Might Be Used Against Victims in Maryland Car Accident Lawsuits?
Generally, hearsay statements made on social media are inadmissible in car accident lawsuits. However, if you use your personal online accounts to document your life following a car crash, you should operate under the assumption that the defense has seen or can see those posts.
Photos
Victims should not post pictures of car accidents online or reference a crash in any way on any of their social media platforms. Furthermore, you should refrain from posting pictures of yourself engaging in physical activity or even spending time with friends. If you claim pain and suffering in your case but consistently post pictures of you out having fun after the accident, your access to non-financial damages might be on the line.
Videos
So many of us film short moments from our day-to-day lives or of our accomplishments and post them online. If you sustained a serious injury in a car accident, do not post any videos showing your physical limitations because of your injuries. Furthermore, do not post any videos of you pushing your limits and engaging in risky physical activity that could worsen your injuries. Videos of you running, playing with your kids, or doing anything else that contradicts parts of your claim might hurt harm your chances of financial recovery.
Written Posts
If you have a blog or other social media account for written posts, be careful what you write. Do not describe the accident in detail or speak about any other difficulties you have faced in its aftermath, like the cost to repair your vehicle or the injuries you sustained.
Can You Use Social Media Throughout a Car Accident Lawsuit in Maryland?
While it’s important to document an accident, doing so online is not wise. As a general rule of thumb, do not mention or speak about your lawsuit online. Do not refer to your injuries, damages, or anything related to the accident.
Online posts often lack important context. Because of this, you should refrain from using your social media accounts until your case is over. If your accounts are public, make them private. Do not talk about the case online or with anyone other than our attorneys.
Using social media to document an auto accident could have serious repercussions. If the defense introduces certain posts as evidence, and those posts indicate that you shared blame for the incident, the court would bar you from recovery because Maryland is a pure contributory fault state.
Instead of using social media after an accident, consider documenting your experiences in a personal journal. You can also confide in a mental health professional. When you do this, you can work through your pain and suffering and document it. Testimony from mental health professionals can help prove that you deserve compensation for non-financial damages, such as mental anguish and emotional distress.
You can also document an accident by calling 911 and getting all the necessary treatment for your injuries, whatever they are. Take pictures of your injuries at the accident scene, but don’t post them online. Instead, give those photos to our lawyers in addition to any other evidence you collected at the scene.
If the defense tries to use social media posts against you, we can review the posts in question and provide the crucial context they lack.
Call Our Maryland Lawyers to Discuss Your Accident Today
Call our Chillum, MD car accident attorneys at (410) 694-7291 to get a free assessment of your case from Rice, Murtha & Psoras today.