There have been incidents of people driving while using their cells phones, especially when using social media. In one incident reported by NBC News, a woman live streamed her car accident on Facebook live, and the accident resulted in the death of one of the passengers in the car, who happened to be her younger sister. Unfortunately, this is not an isolated incident. There are many videos online of people driving while using various social media websites. Beyond causing an accident, the use of social media when it comes to car accidents can also affect the way a person’s car accident claim is settled or decided.
Many cell phones today have features that users can turn on while driving to ensure that they are not distracted by calls, texts, or notifications while driving. In addition, some drivers have taken various public pledges to avoid using their cell phones while they are driving, for example, the #itcanwait campaign by AT&T.
After the accident it is just as important to stay off social media while the case is pending. There are certain things that you should avoid doing on social media if you are in the process of seeking compensation for personal injuries suffered in a car accident.
Do Not Post Photographs
You should not post any pictures of you enjoying yourself on a night out dancing, or engaged in sports activities. When you post these kinds of pictures, it is easier for the negligent driver who caused your accident to argue that your injuries are not legitimate, or that they are not as severe as you claim they are. The insurance company that insures the negligent driver will conduct an extensive investigation of your claim, and even when you think your posts are private, they may be accessible to members of the defense team.
Keep Information Confidential
While daily updates about your life may be your norm, you should avoid posts that update the details of your case. Even details that seem insignificant to you can be damaging to put up, especially if the update involves conversations with your attorney. Conversations with your attorney are protected unless you post publicly about the substance of those conversations, which waives the privilege.
Do Not Post Complaints About the Parties or Judge
Venting may feel good in some situations, but when it comes to venting about the judge, or the other parties in the case, it could only serve to hurt your case. You may damage your chances at reaching a favorable settlement if you antagonize the other side, or if you make them believe you are not negotiating in good faith.
Contact Us for Legal Assistance
If you were involved in a distracted driving accident, you need to contact an experienced car accident lawyer as soon as possible. There should be an immediate investigation to make sure that evidence of the negligent driver’s phone use is acquired before it is destroyed. An experienced car accident lawyer can get the driver’s phone records and look at the driver’s social media to see if the driver was logged in or posting at the time of the accident. Contact an experienced car accident injury lawyer at Vocelle & Berg, LLP, in Vero Beach, Florida for a free consultation.