Personal Injury Insights: How Social Media Posts Can Damage Your Car Accident Case in Pennsylvania

In today’s digital age, social media platforms like Facebook, Twitter, Instagram, and TikTok have become integral to our daily lives. They allow us to share experiences, connect with friends and family, and express our thoughts. However, if you’ve been involved in a car accident in Pennsylvania and are pursuing a personal injury claim, your social media activity can significantly impact the outcome of your case. Understanding the potential pitfalls and exercising caution online is crucial to safeguarding your claim.

The Admissibility of Social Media Evidence in Pennsylvania

In Pennsylvania, social media content is considered discoverable evidence in both civil and criminal litigation. This means that posts, photos, videos, and even private messages can be subpoenaed and presented in court. The Pennsylvania Rules of Civil Procedure and established case law provide a framework for how social media evidence is treated during legal proceedings.

For instance, in the case of Kelter v. Flanagan, the court granted the defendant’s motion to compel the plaintiff to provide access to her private Instagram account. The defendant argued that the plaintiff’s public posts contradicted her injury claims, and the court agreed that the content was relevant to the case. This decision underscores the importance of understanding that even private social media content can be subject to scrutiny during litigation.

How Social Media Activity Can Undermine Your Claim

Contradicting Injury Claims

One of the most significant risks of posting on social media after a car accident is the potential to contradict your injury claims. For example, if you assert that the accident left you with severe back pain limiting your mobility, but then post photos of yourself engaging in physical activities like hiking or dancing, the opposing party can use this as evidence to dispute the severity of your injuries.

Even seemingly innocuous posts can be taken out of context. A picture of you smiling at a family gathering or attending a social event might be interpreted as evidence that your injuries are not as debilitating as claimed. Insurance companies and defense attorneys often monitor claimants’ social media profiles for such inconsistencies.

Admitting Fault or Negligence

Social media platforms are often used to share personal reflections and updates. However, posting about the details of your accident can inadvertently harm your case. Statements that may seem harmless, such as “I didn’t see the other car coming” or “I was so tired that day,” can be construed as admissions of fault or negligence.

Insurance adjusters and opposing counsel can use these statements to argue that you were partially or fully responsible for the accident, potentially reducing or eliminating your compensation under Pennsylvania’s comparative negligence laws.

Damaging Your Credibility

Your online presence contributes to the overall perception of your character and credibility. Posts that depict reckless behavior, such as excessive drinking or irresponsible activities, can be used to challenge your credibility in court. Even if these posts are unrelated to the accident, they can paint a picture of someone who is careless or untrustworthy, which may influence the outcome of your case.

Privacy Settings and Deleting Content: Are You Safe?

The Illusion of Privacy

Many individuals believe that adjusting their social media privacy settings to “private” will protect their content from being accessed during legal proceedings. However, this is a misconception. Courts can grant access to private content if it is deemed relevant to the case. Friends and family who have access to your private posts can also be subpoenaed to provide this information.

The Risks of Deleting Posts

Upon realizing that certain posts may be detrimental to their case, some individuals may be tempted to delete them. However, deleting social media content after an accident can be considered spoliation of evidence, which refers to the intentional destruction or alteration of relevant information. Courts take spoliation seriously, and such actions can lead to sanctions, including adverse inferences against you in your case.

Best Practices for Social Media Use After a Car Accident

To protect your personal injury claim, it’s advisable to exercise caution with your social media activity. Here are some best practices to consider:

1. Limit or Suspend Social Media Use: The safest approach is to refrain from posting on social media until your case is resolved. This minimizes the risk of sharing content that could be used against you.

2. Adjust Privacy Settings: While not foolproof, setting your accounts to private can provide an additional layer of protection. Be mindful of who you accept as friends or followers during this time.

3. Avoid Discussing Your Case: Do not post any details about the accident, your injuries, or the legal proceedings. This includes refraining from commenting on others’ posts about your situation.

4. Inform Friends and Family: Ask those close to you to avoid posting about you or tagging you in posts and photos. Even well-meaning updates can inadvertently harm your case.

5. Monitor Your Online Presence: Regularly review your social media profiles to ensure that old posts or photos do not contradict your current claims. Be aware that opposing counsel may also review your past activity.

6. Consult with Your Attorney: Before making any decisions about your social media use, discuss it with your personal injury attorney. They can provide guidance tailored to your specific situation and jurisdiction.

The Role of Legal Counsel in Navigating Social Media Pitfalls

An experienced personal injury attorney can help you understand the implications of your social media activity and guide you in protecting your claim. They can:

• Advise on Best Practices: Provide personalized recommendations on managing your online presence during the litigation process.

• Monitor Opposing Parties: Keep an eye on the defendant’s social media activity for any content that may support your case.

• Handle Discovery Requests: Navigate the legal procedures if the opposing party seeks access to your social media accounts.

At Metzger Wickersham, we understand the complexities of personal injury cases in the digital age. Our team is dedicated to providing comprehensive guidance to ensure that your rights are protected throughout the legal process.

Reach Out Today

In the aftermath of a car accident, it’s natural to want to share your experiences and seek support from your social network. However, it’s essential to recognize that your social media activity can have unintended consequences on your personal injury claim. By exercising caution and seeking guidance from experienced legal professionals, you can help preserve the integrity of your case and work towards securing the compensation you deserve.

If you have questions about your specific situation, don’t hesitate to contact Metzger Wickersham for a consultation. Our experienced team is here to help you navigate the legal complexities and advocate for your best interests.