After a car accident in Texas, don’t post any information about the crash or your lawsuit online. If you do, the defense might see those posts and try to use them against you to evade liability.
Defendants often try to use victims’ social media posts to undermine their injuries or expose inconsistencies in their car accident lawsuits. For example, if you said you broke your leg in your lawsuit, but you posted pictures online of you walking your dog, that’s a discrepancy the defense might exploit. While many victims won’t go so far as to post information about the accident or the lawsuit online, they might post other things that the defense takes out of context. Err on the side of caution and stay off of social media so that the defense can’t use your digital footprint against you in any capacity. Even after your lawsuit ends, don’t mention it or the accident online.
To get a free case assessment from our Dallas car accident lawyers, call The Queenan Law Firm, P.C. today at (817) 476-1797.
How Can Social Media Be Used Against You in a Texas Car Accident Lawsuit?
Posting content online might make accident victims subject to scrutiny during their claims in Texas. If the defendant gets the court to admit certain social media posts as evidence in your lawsuit, it might be in an effort to undermine your injuries or highlight inconsistencies in your claim.
To Undermine Your Injuries
Car accidents lawsuits typically cover damages for physical injuries to a victim. Because of this, pictures or videos of yourself online engaging in physical activity is not a good idea.
For example, suppose a victim said they sustained a neck injury in a car accident that prevents them from returning to work at their desk job. Then, say the victim also posted pictures online of them running a race. If the victim could run a race with a neck injury, the defendant might question why they cannot go back to work with the same neck injury.
In this case, the defendant might introduce those photos to question the seriousness of the victim’s injuries and whether or not they require compensation. If you are at all injured after an auto accident in Texas, do not post any pictures or videos of yourself online.
Even if your injuries have since healed, do not post any content online. Don’t post old pictures of yourself from before the accident either, as it could be confusing if you claimed debilitating injuries in your lawsuit but are pictured engaging in daily activities online.
To Highlight Inconsistencies
Defendants often look for inconsistencies in victims’ claims they can exploit. For example, suppose a victim mentioned the accident in passing on one of their social media accounts. Or, say they posted jokes online referencing the accident or downplaying its severity. If the victim also made a claim based on serious injury, the defendant might try to use the victim’s posts regarding the accident to highlight the disparity between the victim’s online statements and those made in their claim.
Furthermore, suppose, in your claim, you said that your injuries have prevented you from returning to work and engaging with your peers, reducing your quality of life. If you then post pictures online of you meeting up with your friends from work, that might be inconsistent with your claim, hurting it. Defendants might try to take certain social media posts out of context to undermine victims’ cases.
Can You Use Social Media Against the Defendant in Your Texas Car Accident Lawsuit?
Texas’ rules on admissible evidence are complicated, including those related to hearsay and how that applies to social media posts. However, just as the defendant in your case might try to use your social media against you, we can examine the defendant’s online accounts for information that might help your claim.
If the defendant has public social media accounts, our Houston car accident lawyers can view them to see if they mentioned the accident at all. For example, they might have made statements to law enforcement that contradict online posts referencing the accident. While a defendant’s social media accounts might not be as noteworthy to a claim as a victim’s, it is still worth reviewing their digital footprint to learn additional information that might help your recovery.
Can You Use Social Media After a Car Accident in Texas?
While many of us use social media without a second thought, it’s important to take a break if you’re going through a car accident lawsuit in Texas. Being online makes you and your case vulnerable.
Do not use social media in any capacity after a car crash in Texas, even if your accounts are private. Many victims will be careful not to speak about the accident online but will continue posting about their daily lives. Doing even this is inadvisable, as defendants might try to use posts that seem totally unrelated to your claim to undermine it.
To stay on the safe side of things, do not allow your friends or family to post pictures of you on their social media accounts while your case is still in progress. Ask them to refrain from mentioning your physical recovery or case online in any capacity.
Even when experiencing extreme pain and suffering, you can have moments of levity. Unfortunately, if you post those moments online, the defendant in your case might try to exploit them and use them to undermine crucial aspects of your claim. Because of this, you should not use social media at all until your claim is over. Even after your claim concludes, refrain from referencing the case online at all.
Call Our Texas Lawyers About Your Car Accident Today
Call the Fort Worth car accident lawyers of The Queenan Law Firm, P.C. at (817) 476-1797 for a free case review.