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Accidents and Social Media: The Dos and Don’ts

Chris Jun 27, 2019

You may be feeling #blessed after coming out of a car accident alive or with minimal injuries, and you probably want to share with your online followers about your well being. However, posting an inappropriate comment or photo can have major effects on any potential injury lawsuits or insurance claims. Here are the Do’s and Don’ts about posting on social media after a car accident.

What To Do Following an Auto Accident:

  • Avoid posting, or post minimal information: Insurance companies will use any and all information against you to lessen your claim. Defense attorneys will demand access to your social media accounts and attempt to use your posts against you.  
  • Not post opinions or feelings: Keep all of your qualms, frustrations, and disappointments to yourself. It’s easy to post or tweet statuses in the heat of the moment after an accident, but prosecutors could use those emotions against you as well.
  • Keep photos: But don’t necessarily post them. Even a photo of you looking too happy after an accident could put your defense in jeopardy. Save any evidence you may have on your phone to use in case you will need them in court.
  • Keep an eye on other people’s accounts: Insurers will check the accounts of your friends and family as well. Make sure no one is tagging you in any other posts, writing about your accident, or about your potential case.
social media and car accidents
  • Update your privacy settings: Even having the most protections on your social media accounts doesn’t completely hide your information. If you have posted about the accident, you don’t want it to be shared with the general public.

What Not to Do After a Car Accident:

  • Post anything or respond to posts about your liability or the case:  It may be tempting to defend yourself or post your side of the story, but any information you put out there is just another way for an insurance company to discredit you. Don’t assume a reasonable expectation of privacy, and treat each social media account as such.
  • Post pictures looking too happy or doing physical activity: You don’t want to appear like you are bragging after a car accident. Lawyers can argue seeming “too happy” means your injuries or the effect of the accident wasn’t as severe as your claim. Even progress photos about your recovery can hurt your defense.
  • Lie about the accident: Everything online or with apps is time-stamped. If you tweeted right before an accident, prosecutors could argue that is what caused the crash. If you lie about where you were before an accident, geotagging makes it easy to see if you are telling the truth. It’s best to be honest through all steps of the process because lying can make your outcome worse.
  • Text or message about the accident: You make think your private messages are indeed, private, but lawyers can subpoena any emails or texts to help their case.

After an Accident, Call an Experienced Lawyer

The best course of action is to not post anything online at all. Your first course of action after an accident is to call a lawyer. You can trust the Louisiana lawyers at the Schwartz Law Firm LLC to be there to help you navigate the social media waters. We have two convenient locations, one in Metairie and another in Baton Rouge. Call us today at 504-837-2263 for your free consultation.

About Author: Chris

Christopher-Schwartz-Attorney-Louisiana
Legal Support and Marketing Director

Schwartz Law Firm was founded by Christopher Schwartz in 1997. After obtaining his MBA and law degrees, Christopher Schwartz served as a Workers Compensation claims adjuster. This experience gave him a view of the system from the inside and inspired him to begin his own practice. Christopher Schwartz has successfully represented many injured employees in Longshore claims, Jones Act claims, and Personal Injury claims. He is a tough negotiator, whose track record includes multi-million dollar verdicts and settlements. Chris has also authored a book titled “The Road to Justice”. In his book, Chris outlines how he and his colleagues fight for public safety and what role his clients can play in winning their own personal injury cases. Chris is a native of New Orleans and has practiced law in Louisiana for 14 years. As a result, he understands local laws and feels a special loyalty to local people. He takes every case personally. Chris is available to represent clients anywhere in Louisiana and Maritime clients anywhere in the Gulf South. But he is also qualified to represent Defense Base Act clients anywhere in the world outside the U.S. He also focuses on auto accidents, semi-trailer accidents, 18-wheeler accidents and slip & fall accidents.