Why you need to stay off Social Media after a Crash
By Dan & Jim
A simple posting to any social media platform may sink your case. Social media services like Facebook are no longer a novelty but a way we communicate with our friends and family. It is how we learn about the birth of a child, an upcoming birthday, this weekend’s club ride, or your daily commute. It has also become a way to let our Facebook “friends” know about serious life events like a crash and serious injuries you have suffered. We post to alert each other of a dangerous intersection, a defect in a road, or why you won’t see us riding at an upcoming event. Even after a crash, I have seen many people continue to post about their recovery or vent their feelings about the vehicle that struck them.
Although we understand why you post, the best advice your bike lawyers can give you is DON’T POST on social media! Insurance companies and defense lawyers are watching. What you post can later be placed before a jury as an exhibit or used for cross-examination at trial. We have learned that major insurance companies have entire departments dedicated to searching claimant’s social media pages for evidence against them. We can personally tell you that this is not a rumor. We have been confronted by insurance companies with our client’s Facebook pages. Some of the posts we have seen have seriously diminished their claims.
Do not assume the privacy settings on your social media accounts will keep away prying eyes. If you are involved in a crash, the best plan is to assume anyone can see your posts. And your best bet is to simply not post anything remotely related to your case on social media until after it has been resolved.
About this post and the authors
This information is provided by NYBC Board Members and Attorneys Daniel Flanzig of NewYorkBikeLawyers.com (Flanzig and Flanzig, LLP) and Jim Reed, www.NYBikeAccidentBlog.com Dan and Jim are New York Attorneys focusing in the rights and protection of cyclists across New York.
Nothing in this article should be construed as legal advice nor does the use of this article create an attorney/client relationship. The advice in this article offers a general overview of the laws in New York. Remember, every incident or claim is specific, and the guidelines may not be applicable to your particular case. As always, we suggest contacting an attorney with any legal claim or issue before taking action on your own behalf.