Social Media affects Manhattan Car Accident Cases

Posted on January 28, 2019 in

Following a Manhattan auto accident, many people tend to reach out to friends and family, whether it be to simply tell them about how they’re doing, or maybe to ask for an attorney recommendation. Since actually talking to people on the phone is so old-fashioned these days, many people take to their favorite social media sites such as Facebook or Instagram. They may post pictures of the accident scene to include damage to their car or the damage done to the other vehicle. Accident victims may leave comments along with the photos and then engage in conversation with other people about the accident. This is a bad idea!

Posting About Your Manhattan Car Accident on Social Media is BAD

First of all, what you post on social media sites is usually “discoverable,” which means that when the defense attorneys question you at a deposition or present written questions to your attorney that you must respond to, NYC courts are routinely requiring Plaintiffs to turn over their Social Media Account Information, including your “handle,” which is the name you use on such sites. Even this can be damaging. If your handle on Facebook is “Speedy Steve,” the defense attorneys might spin this to suggest you like to speed and were probably speeding at the time of the accident. Is this a great argument- probably not, but an example of how Social Media can be used against you.

What if in a conversational tone with someone on Facebook you post something like, “It all happened so fast and I was tired at the time too!” The defense attorneys will try to use this to hurt your case, and argue that you were driving drowsy at time of the accident, which either caused or contributed to the crash.

What if you were injured in a Manhattan bus accident and were seriously injured. After some time passes, you go on vacation and post pictures of yourself dancing or engaging in some other physical activity while away. The defense attorneys will try to use this to show that you could not really have been that hurt – you were vacationing and dancing the night away only a year after the accident! Then again, if you didn’t try to dance or vacation after the accident, the defense will argue, “Well how do you know you couldn’t dance after the accident if you never tried.” They have arguments either way, but the bottom line is that social media posts concerning the accident or your activities after the accident can hurt your case.

You May Post Things That Are Downright Harmful to Your Case

What if you inadvertently post something like, “The last time I had my car in for service was over a year ago,” or “It was so dark it was hard to see?” This can be used against you too.

Talk to Your Lawyer Instead of Posting on Social Media

Communications between you and your lawyer are confidential and your lawyer can counsel and advise you without concern that those communications will be used against you. As discussed above, however, social media posts and social media commentary are probably not going to be deemed protected communications.

If you are involved in an car accident in Manhattan, refrain from posting pictures concerning the accident or your activities after the accident. Instead, speak to a Manhattan Car accident lawyer and get the proper legal advice and representation. Call Michael J. Redenburg, Esq. at 212-518-2095.

Michael J. Redenburg, Esq. P.C.

In over a decade of legal practice, Attorney Michael Redenburg began his career defending cases for the clients of insurance companies. Initially defending no-fault claims at a Long Island-based law firm, he then moved on to a Manhattan-based firm where he defended the clients of insurance carriers in auto accident and premises liability matters.

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