How Social Media Can Impact Your Car Crash Case in Maryland

It may seem like a good idea to post an update to your social media account after a car accident. After all, it is a fast and easy way to let your family and friends know that you are alright. They can get the facts without the need to call, and you will not have to tell the same story over again. Posting on Facebook, Twitter, Instagram, or other social media platforms can ruin your chances for building a strong personal injury case for damages, and your injuries.

In the age of digital connectivity, social media has become an integral part of our daily lives. We share updates, photos, and engage in online conversations, often without considering the potential legal ramifications of these posts. However, if you are involved in a car accident in Maryland, what you post on social media can significantly impact your claim. From innocent posts that depict your physical activities to accepting new friend requests, your online presence could be scrutinized and used against you.

That is why it is vital to have guidance from an experienced Maryland personal injury attorney, like those at the Law Offices of Larry B. Litt, who understand Maryland law and can help you navigate through these complex issues. We offer a free evaluation of your case and work on your behalf to fight for the compensation you deserve.

Can Social Media Hurt My Personal Injury Car Accident Case?

Accident victims should be aware that anything they post on social media platforms can be accessed by an insurance company, an employer, or an at-fault driver, as well as the attorneys who represent them. After your case is filed, the defense goes to work collecting evidence that could disprove or devalue your claim for injuries, or damages. Their research usually begins with an online search.

Social media accounts can hurt your bodily injury claim in many ways, including:

  • Posts about the car accident. The most obvious evidence against you would be your own words about the facts of the car collision. Your explanation and descriptions of the car accident and what happened afterward could conflict with your actual court testimony if your case goes to trial, hurting your credibility with the Judge. Do not post anything about your car wreck, your injuries, the people involved, or even how you are feeling, even if friends ask you direct questions.
  • Photos. Pictures are often used to make a point in court, especially if they contradict an injury victim’s claim. A photo of you having fun with your friends’ days after the car crash may make the insurance company question the severity of your injuries that were sustained in the car accident. Additionally, photos of you on a road trip, out to dinner, dancing in a club, hiking with your family, or even smiling can be twisted into evidence that the injuries are not what you claim. Avoid uploading pictures, and if you are tagged in them, remove the tags or set your photo viewing to “only me” in your privacy options.
  • Friend activity. Even if you avoid posting on social media, there is no way to control what your friends do on social media. A friend who is on your side may post about the car accident, blame the other driver, or say something that will unintentionally hurt your case. Make it clear to them that while you appreciate their concern, you request that nothing be discussed online. There could also be people browsing your profile you do not know personally, but you have accepted them as a friend. You should avoid discussions and groups with strangers, and do not accept new friend requests until the conclusion of your case, and your case is closed.
  • Inactive accounts. Some people choose to close or suspend their social media accounts or stop posting until their claim has been settled. If your account is officially listed as inactive, it can still be subpoenaed and used as evidence in your case. Even if you have not posted in a while, anything you have posted in the past can be used against you.
  • Privacy settings. In most cases, changing the privacy setting on your Facebook, Instagram, or Twitter page will not affect whether it can be used as evidence in your insurance claim and/or in court. Once it has been subpoenaed, the defense will be granted access to not just your posts, but also to all social media activity; including private messages, chat conversations, and even gaming.
  • Search settings. Removing yourself from public search listings and the search results on Facebook, Instagram, or Twitter may be possible, but it has its limits. Even if your profile is only discoverable by your friends, social media platforms change their privacy regulations frequently. The information can still be subpoenaed, whether it is hidden or not.

When it comes to posting online, nothing is private. For this reason, it is best to shut down or even delete Facebook, Instagram, and Twitter accounts during the claims process. If necessary, you can post a short message saying that you were in a car accident and that you will not be posting online for a while before deactivating the social media account. Anyone who is a true friend will know how to get in touch with you for more information.

The Role of a Personal Injury Attorney in Navigating Social Media Issues

Having an experienced personal injury attorney on your side can make a world of difference in how you navigate social media during your personal injury case. Maryland personal injury attorneys understand the implications of social media in the legal landscape. They can provide detailed advice on what to post and what not to post, helping you avoid inadvertent mistakes that could jeopardize your claim.

Additionally, a Maryland personal injury lawyer can caution you against strategies employed by insurance companies or defense attorneys, such as sending friend requests from dummy accounts. They can also instruct you on how to handle an existing post or information that could potentially harm your case.

In essence, a seasoned attorney does not just represent you with the insurance companies, or in court; they guide you through every aspect of the claims process, ensuring you take steps that align with your best interests. Thus, their role is critical in helping you secure fair compensation for the injuries you have sustained due to someone else’s negligence. Their knowledge of Maryland law, coupled with a deep understanding of the social media platforms, is invaluable in navigating the complex personal injury claims process.

Can Private Messages on My Social Media Be Used as Evidence in My Personal Injury Case?

In some circumstances, private messages on social media platforms could be accessed and used as evidence, especially if they pertain to the car crash or bodily injury. It is best to assume that anything you say or do online, including in private messages, could potentially become public. Therefore, refrain from discussing the specifics of your case or your injuries over private messages. Always consult with your attorney about any communication related to your claim.

Can Posts on My Social Media From Before the Car Crash Affect My Personal Injury Case?

Yes, social media posts from before the collision can affect your personal injury claim. For instance, if you claimed severe back injuries from a car accident but had posts of heavy lifting at the gym a week before the incident, these could be used to dispute the severity of your injuries. The insurance companies may argue that your injuries existed prior to the car wreck or are not as debilitating as you claim. Therefore, it is critical to consult with your attorney about your entire social media history and its potential impact on your case.

Talk to a Personal Injury Lawyer at the Law Offices of Larry B. Litt Today

We live in an era where our social media activity can significantly impact real-world scenarios, including personal injury cases in Maryland. From insurance companies trawling through your social media posts, to defense attorneys using your online activity as a tool to undermine your personal injury claim, the digital footprint you leave can either help or hinder your case.

Being mindful of your social media presence during a personal injury claim is as critical as seeking immediate medical attention or gathering evidence after an auto accident. It is essential to follow best practices, such as limiting your posts, being wary of new friend requests, and refraining from discussing your case online. Remember, even innocent posts on social media platforms can potentially be misconstrued and used against you.

At this juncture, having a seasoned personal injury attorney from the Law Offices of Larry B. Litt becomes a necessity, not an option. Our legal team has a firm grasp of Maryland law, and we understand the intricate ways in which social media can impact your personal injury claim. We do not just offer legal representation; we provide comprehensive guidance, right from how to handle your social media accounts to crafting a strong case for fair compensation.

At the Law Offices of Larry B. Litt, we are more than attorneys. We are your allies in the fight for justice. Our team-based approach, combined with our four decades of combined experience, positions us uniquely to handle your personal injury case. With our representation, you can navigate the claims process confidently, knowing that your case is in capable hands.

Remember, your path to rightful compensation begins with a single call to our office. Reach out to the Law Offices of Larry B. Litt at 443-844-1528 today for a free case evaluation. We are here to help you secure the compensation that you deserve. Our legal team is available 24/7/365.