Could Posting About My Accident on Social Media Hurt My South Dakota Personal Injury Case?

For many of us, posting on social media is something we do without a second thought. Everything that happens during our day is “content” we happily share with both close friends and complete strangers who follow us online. But if you have recently been injured in a car accident or similar event, you might want to stop and consider the potential legal consequences of posting about what happened to Instagram or Facebook

Social Media Is a Matter of Public Record

In a sense, every time you post something to your social media account, you are in effect texting the entire Internet. This makes it a matter of public record. And even if you take steps to limit public access through a social media platform’s privacy or related settings, that is often not enough to completely cut off public access to your posts.

So why does this matter in the context of a car accident? Consider a scenario where you were rear-ended by another driver while stopped at an intersection. You subsequently go to the hospital complaining of back and neck pain that ends up requiring ongoing treatment. To pay for your medical expenses and other accident-related losses, you file a personal injury lawsuit against the driver who rear-ended you.

Once you file that lawsuit, or even demand the driver’s insurance company pay you for your losses, anything you say and post on social media becomes fair game for discovery. Again, you may not immediately see the problem. But let’s say the week after your accident, you post pictures of you going out with friends or enjoying some form of outdoor recreation. The driver you are suing and your insurance company could cite that as “proof” that your accident-related are exaggerated or fake. Even if your photos were taken before your accident, if you post them afterwards, it can still raise an issue as to the full extent of your injuries.

Exercise Caution When It Comes to Post-Accident Social Media

Now, it is equally important not to panic following an accident and decide you need to completely scrub your social media feeds of anything that could be misinterpreted by an insurance adjuster or a defense lawyer. You could actually get into legal hot water if you do that, as a judge may construe it as you trying to cover up or “destroy” evidence.

At the same time, it is generally a good idea to minimize or avoid making any new social media posts following an accident, at least until any potential insurance or personal injury claim has been resolved. Even something that you think is innocuous could raise unexpected problems for you down the line. And the last thing you want to do is jeopardize your ability to receive full and fair compensation for your losses.

Above all else, you should not hesitate to speak with an experienced Sioux Falls car accident lawyer who can advise you on the best course of action with respect to your claim. Contact Hoy Law today at (605) 334-8900 to schedule a free consultation.