The Role of Social Media in Car Accidents: Distractions, Evidence, and Legal Issues

Social media is basically unavoidable in this day and age. Even those who do their best to stay off of social media may find photos of themselves, reviews of their business, and other information widely circulated. Because of this, it should come as no surprise that social media can play a role in your car accident claim.

Wondering how social media could affect your personal injury claim? The team at Hodges Trial Lawyers can advocate for you against the other party’s insurance company and help you fight for compensation. Call us at 256-826-4129 to set up a time to meet with our team.

 

Social Media Distractions

Distracted driving is one of the greatest risks on the road today. Social media provides the instant entertainment that our brains have come to expect, and for many of us, our brains cannot wait until a car ride is done to seek out that entertainment. Far too many car accidents have happened because a driver was swiping videos on TikTok, liking pictures on Instagram, or catching up on Facebook posts.

Social media is a triple threat—it is a manual, visual, and cognitive distraction for drivers. This means that it engages a driver’s eyes, hands, and mind, drastically decreasing their ability to drive safely and ramping up the likelihood of a crash.

This is no secret to legislators and public safety officials. Across the nation, there have been substantial public education efforts to inform drivers of the danger of phone use while driving. Despite the money sunk into these efforts, they have not had much effect on distracted driving rates. Even legislation enforcing tough penalties for distracted drivers has not done much to keep people off of social media.

 

How Social Media Can Provide Evidence in Car Accident Claims

In addition to its role in causing car accidents, social media can provide valuable evidence for car crash claims. Involved individuals may post about the accident on social media, share dashcam videos, or comment on their injuries and legal proceedings. Even those who were not involved in the crash may have video footage that they upload for likes and attention.

While people may post about collisions on social media, you should make sure you aren’t one of them. Both insurance companies will be scouring drivers’ social media for mentions of the accident, how it happened, and the injuries they’ve sustained. They are looking for anything that limits their company’s liability and obligation to pay out for injuries and other losses. Nothing you post can help you, so avoid posting at all until your claim is settled and signed.

Another way social media can give you important evidence: proving that the other party was distracted. If the other driver was using social media when they caused the crash, their social media feed will prove that. Most social media platforms keep a running activity log showing every time you like something, comment on it, or save it. Proving that one driver was distracted can strengthen the other driver’s case.

 

Legal Issues Related to Social Media

Technology can make personal injury claims stronger, but it can also complicate matters. Individuals who make social media posts that negatively impact their claim may argue that their privacy was invaded by the insurance company, that their posts should be private, and that the posts in question should not be used against them.

Authenticity questions often arise when it comes to social media posts. Everyone has the chance to tell their side on social media, even if their side is heavily fabricated or slanted to make them look good. This may include edited videos or photos, which can harm the innocent party’s personal injury claim.

Social media can also complicate matters if a case goes to court. If an accident is highly publicized within a community, social media may give everyone constant updates. This can make it nearly impossible to find a jury of individuals who aren’t aware of the case to some extent.

 

Fight for Fair Compensation with Hodges Trial Lawyers

If you’ve been involved in a car accident in Huntsville, don’t wait a moment longer to talk to the team at Hodges Trial Lawyers. We’re here to fight for you as you pursue compensation. Just reach out online or call us at 256-826-4129.