It seems like it’s impossible to stay away from social media sites like Facebook. In this digital world, we practically live our lives online, so sites like these are crucial for staying in touch with friends and family. If you are injured in an automotive accident, however, these sites can prove tricky to navigate. Here’s what you need to do so you don’t ruin your car accident claim with Facebook posts.
Facebook and Warrants
When it comes to social media and the courts of New York, what you say online can indeed be used against you. Despite efforts by the social media giants, the state courts across the country have ruled that state law does not allow social media companies, like Facebook, to block a judge’s search warrant for obtaining information from user’s social media accounts. Facebook had argued that this violated the constitutional rights of its users.
These cases stem from a 2013 suit ordering Facebook to turn over the account information of several individuals related to suspected criminal disability fraud. Appeals against the court order were quashed by several lower state courts. This ruling also holds in New Jersey, where the case of Ehling v. Monmouth-Ocean Hosptial Service Corps., et al. set precedent that even “private” Facebook posts are diminishable in court. This means, that if you are injured, what you formerly thought of as a safe space, may actually be the cause of the downfall of your claims.
Facebook Don’ts After an Accident
If you are a regular poster on social media sites, such as Facebook, here’s what you need to avoid doing so you don’t ruin your personal injury claim. Don’t:
- Post any updates on your injuries – the defendants and their attorneys will be monitoring for anything that can potentially damage your claims.
- Comment about your accident – anything you say can be used against you in your case.
- Post photos or videos – any proof that your injuries have not diminished your quality or enjoyment of life can hurt your claims.
- Post activities on your Facebook page.
- Tag yourself – anything you are tagged in, even if it someone else’s picture or video could hurt your case.
When it comes to Facebook and accident injury claims, the best advice you can take is to eliminate Facebook entirely – especially if you are in doubt as to what you should, and shouldn’t, do. If you absolutely feel that you can’t live without your social media accounts, your best option is to set them to “private” to keep the defense or your insurance company from viewing your posts, photos or videos.
Injured in a Crash? Contact DeZao Law Today
If you are injured in a crash this winter, seek expert legal guidance right away. Because social media can hamper your case and potentially damage your claims, make sure you speak with an experienced New Jersey personal injury attorney today at the Law Offices of James C. DeZao, P.A. Our firm is here to assist you with your case and help you claim the compensation you rightly deserve. Call us today at (973) 358-6134 for a free consultation.