Absolutely. Taking photos or recording video of the vehicles after a crash can be one of the strongest ways to show which driver was at fault. This kind of visual evidence can help prove negligence if your case ends up in a California courtroom. Insurance companies often focus heavily on the amount of property damage when deciding liability and the value of a claim. The more clearly the damage is documented, the easier it becomes to demonstrate the seriousness of the accident and any resulting injuries. Experienced injury lawyers generally prefer to have detailed documentation rather than rely on memory alone.
Thanks to smartphones, almost everyone now has the ability to capture evidence right at the scene. One client, for example, recorded a short clip within moments of his accident. Video is especially helpful because it doesn’t just capture the positions of the vehicles and the damage — it also picks up real-time comments made by other drivers, passengers, or witnesses. These statements, combined with visual proof of the crash scene, can become powerful evidence to support your case.
Social media is a great way to keep in touch with friends and family, find resources, connect with others in relatable situations, and much more. However, the temptation to share everything about our lives on social media can be detrimental in some situations.
This is especially true if you’ve posted about your car accident on social media. Let’s look at why our San Diego car accident attorneys believe posting your car accident on social media is probably not the best idea.
#1 – Insurance Companies Check Social Media
After you file an accident claim, insurance companies will check social media (and the Internet in general) for any evidence they can use. Unfortunately, many insurance companies prefer to give out as little of a payout as possible, so they will try to find anything they can to dispute your claims.
#2 – Your Posts Can Be Used Against You
Since insurance companies and defense attorneys will likely scrutinize your social media, anything you post may be used against you. This includes mentions of your injuries (or lack thereof) or photos of you doing physical activities. Even if you posted a joke about your driving skills, the smallest detail could be used against your case.
Unfortunately, your social media posts can also be used to argue against your emotional distress claims. In most cases, social media posts are not a determining factor for someone’s mental state. Still, it is possible that they can be used against your emotional distress claim.
#3 – Photos Will Be Used as Evidence
While it is always encouraged to take photos of the scene as evidence, you shouldn’t post those photos anywhere. Any photos you took of the incident should just be shared with your car accident attorney.
Aside from avoiding posting photos or videos of the car accident itself, you should be careful about other photos you post until the car accident case is resolved.
For example, if you’re claiming that the car accident caused you an injury that forced you to take off work, pictures of you out with friends or dancing happily can be used to argue that your injury must not be as severe as you claim.
#4 – Social Media Is More Permanent Than You May Realize
So, let’s say that you were in a car accident, and you made some posts that may be used against you and your case. Deleting them will not make the issue go away. Even posts that you thought have been removed or edited can be accessed by authorities and other trained experts.
Deleting such posts can aggravate your case, as could be considered tampering with evidence and can lead to serious consequences.
#5 – Confidentiality Is Important
Confidentiality is vital when it comes to legal cases and posting about your car accident on social media may impact the confidentiality that you have with your attorney.
To prevent yourself from relinquishing this confidentiality, you should avoid posting about the accident and its circumstances and how you feel physically and mentally.
The Proper Steps to Take After a Car Accident
The best way to prevent anything from negatively impacting your case and claims is to follow the proper procedure after being involved in a car accident. Here are the steps you should take immediately after the accident:
- Confirm that everyone involved is okay and call the proper authorities.
- Go to the hospital, whether you’re injured or not.
- Gather and exchange important information from the drivers involved.
- Talk to any witnesses about what they saw.
- Record your own recollection of the incident.
- File a claim as soon as you can.
Being in contact with an experienced car accident attorney is the best way to succeed in your case. With their experience, they can give you all the correct information and advice that you need to avoid any counterarguments against your claim.
Our team of personal injury lawyers at HHJ Trial Attorneys in San Diego know how to handle your case. Our team has years of experience, and we have a high success rate. Ultimately, we want to ensure that victims of car accidents recover the compensation they deserve.
Schedule an appointment with us today, and we can begin evaluating your personal injury claim soon.
