You’ve just been in a crash. You’re shaken, maybe injured, and your first instinct — like millions of people — is to reach for your phone. Maybe you want to let family know you’re okay. Maybe you want to vent. Maybe you snap a photo and post it before you’ve even thought twice.
Stop. Put the phone down.
As any experienced Carrollton car accident lawyer will tell you, what you post on social media in the hours, days, and even weeks after a collision can seriously damage — or completely destroy — your personal injury claim. Here’s why.
Insurance Adjusters Are Watching
This isn’t paranoia. Insurance companies routinely monitor the public social media profiles of claimants. Their job is to find reasons to reduce or deny your claim, and your public posts hand them the ammunition to do it.
Did you post a photo at a friend’s birthday party two days after saying your back was in agony? Did you check in at the gym a week after claiming you couldn’t move without pain? Even if you pushed through the pain to be there, the adjuster doesn’t see that — they see a smiling face and a reason to question your injuries.
“I’m Fine” Can Cost You Thousands
After an accident, it’s natural to reassure people. A quick post: “Just got in a fender-bender but I’m okay, don’t worry!” sounds harmless. But soft tissue injuries, whiplash, and traumatic brain injuries often don’t fully present themselves until hours or days after impact. That casual “I’m fine” post can be pulled into a deposition and used to argue that your injuries aren’t as serious as you claim.
Anything You Post Can — and Will — Be Used Against You
Social media posts are discoverable evidence. Under Texas Rule of Civil Procedure 192.3, parties can request any information relevant to the lawsuit, including social media posts, comments, photos, videos, and metadata. Even deleted posts can often be recovered. Courts have routinely allowed social media content as evidence in personal injury cases, and Texas is no exception.
This includes photos and videos (even ones posted by others that tag you), check-ins at locations that suggest physical activity, status updates about your mood, activities, or the accident itself, comments on other people’s posts, and private messages, in some cases, if subpoenaed.
The digital footprint you leave is far wider than most people realize.
Don’t Talk About the Accident Details
Even if you don’t post photos, narrating the accident online is equally risky. Statements like “the light just turned yellow when I went through” or “I didn’t see him until the last second” can be twisted to suggest comparative fault on your part. In Texas, which follows a comparative negligence rule, if you’re found to be more than 50% at fault, you lose the right to recover damages entirely.
What You Should Do Instead After a Car Accident
Say nothing about the accident online — not the cause, the injuries, or your feelings about it. Set your profiles to private, though this is not a guarantee of protection. Ask friends and family not to post about your accident. And speak with a Carrollton car accident lawyer before making any public statements.
The Bottom Line
You should take pictures and videos of the collision, but they should be guarded and used at the right time. If not taken seriously, your social media presence is a liability after an accident. Insurance companies have entire teams dedicated to finding information to give them the opportunity to try to manufacture questions or inconsistencies in your claims, and a single careless post can unravel months of legal work. Don’t hand them the ammunition to use against you.
Don’t Leave Your Future to Chance — Call O’Hare and Koch Law Firm.
If you’ve been injured in a car accident in Carrollton or anywhere in the Dallas-Fort Worth area, the decisions you make in the days that follow matter, including what you post online. Contact our car accident lawyers today for a free consultation. There are no fees unless we win your case.
