If you’ve ever seen a crime drama wherein someone has been read their Miranda rights before being interrogated by police, you’ve heard the warning, “Anything you say can and will be used against you in a court of law.” If you have recently been injured in a motor vehicle accident–especially if a large truck was involved, as truck accident cases tend to be particularly complicated–you should heed this warning as a general rule. Meaning, that you need to be aware that anything you say–or post online–in the wake of an accident can impact any legal proceedings that you may be involved in following your crash.
Even if you are in no way responsible for the crash that caused your injuries, the things you say and post can be used by opposing counsel or an insurance company to diminish the value of your claim. If you have any questions about whether something you’d like to post could potentially land you in hot water (legally speaking), connect with our firm’s Houston, TX truck accident lawyer team for clarification.
What Are the Risks of Your Posting on Social Media?
It’s understandable that you may wish to let loved ones know that you’re still strong after suffering an injury. You want to show that you’re okay, that you’re still smiling, and enjoying life. To the people for whom you’re posting, the message they get may be a positive one, as you demonstrate that you can take care of yourself after an accident. To a lawyer representing an insurer or another party involved in the accident, however, your words and/or picture may demonstrate that you haven’t been seriously injured.
One of the first places an attorney will look when building a defense against your case is your social media accounts. Everything you post on social media may be used against you in court (even if your account is set to private) and can potentially hurt your case.
What Are Some Examples of Social Media Being Used Against You?
Here are some examples of how social media can be used against you:
- You’ve been in an auto accident and claim your injury has left you depressed. You post a positive-sounding statement online saying you’re still smiling.
- You’ve broken your leg and are seeking damages from the insurance company, which refuses to pay your medical bills. You post a recent photo of you playing with your kids that can be interpreted in ways that suggest you’re bearing weight on your broken leg.
- You’re suffering from injuries related to your accident and claim that you’re unable to walk. You post a photo of yourself sitting at a bar. Location tags are used to show exactly which bar you’re in, and the bar doesn’t have handicapped access.
These are just a few examples of the ways in which your words and/or pictures can be used against you in a personal injury context.
What Should You Do?
After suffering a personal injury, don’t post on social media. While it may be extremely tempting if not natural, resist posting anything that illustrates that you’re fine. In short, don’t give the defense any reason to believe your injury isn’t as bad as you claim. Once you connect with the experienced legal team at John K. Zaid & Associates, we can help you to determine the best ways to remain engaged on social media without potentially harming your case, if remaining on social media is important to you at this time.