A racecar driver claimed that he was seriously injured and that he lost the enjoyment of life following a racetrack accident. Opposing lawyers used the driver’s postings on Facebook, including photos of his trip to the Daytona 500 and a fishing trip to Florida, to undermine his claims.
As a rule, if you are involved in litigation or negotiating a settlement, it is advisable to avoid posting information on social media sites – especially if that information pertains to your accident, your condition or your employment status.
Why are social media posts admissible?
In general, courts do not consider online postings to be subject to privacy protection – regardless of whether you have marked them private or have granted access only to specific people. Because of this, opposing attorneys can freely use your online postings to discredit you without having to defend against allegations of misappropriation.
Social media precautions
Before you bring a lawsuit, make sure to:
- Refrain from posting on social media sites any photos or updates that could be construed as contradicting your injury claims
- Ask family and friends to refrain from posting information about your accident
A knowledgeable and experienced Phoenix personal injury attorney can provide you with advice on the pitfalls of social media activity. Contact our office today for a consultation.