If you’ve been injured in a car crash, our lawyers would likely recommend that you stop posting on social media and lock down your account to the best of your ability while your case is pending. This is common advice, as the risk of having posts out there on the internet that could jeopardize your case often outweighs the benefits of social media.
If you were involved in a car crash and post about it on social media, the defense can likely use any of those statements in your potential case against you. In fact, any pictures you post might also be used as evidence, potentially undermining claims of serious injuries or disabilities.
For a free review of your car accident case, call the Tennessee car accident attorneys at Howe Law today at (844) 876-4357.
How Statements on Social Media Can Be Evidence Against You in Court in Tennessee
If you say something outside of court, that is usually considered hearsay when it comes to using it in a court case. Hearsay is defined as an out-of-court statement offered in court to prove the truth of the matter asserted. So, for example, if you tell the officer at the scene that the defendant hit you with their car and then try to introduce that statement in court as proof that they hit you with their car, it would be hearsay.
Hearsay is usually inadmissible in court and cannot be used as evidence because it is considered unreliable. Instead, the court prefers that anyone who has something to say be called as a witness and testify to it under oath in front of the jury. However, there are some ways that statements from social media and other places can be used as evidence, even though they would normally be barred as hearsay.
Statements By Party Opponent
Tennessee Rule of Evidence 803(1.2) creates an exception so that statements made by the opposing party to the case are not blocked as being hearsay. This means, essentially, that anything you say can be used against you in a court of law. Any statements – whether made to friends or coworkers or someone sitting at the bar with you – could be used against you.
This includes posts on social media. As such, you should avoid saying anything online about who caused the accident or what happened, as they could use this as evidence in your case if it blames a different person or implies you were actually at fault.
Inconsistent Prior Statements
When you say something in court, it can be challenged or “impeached” by the defense attorney. On cross-examination, they can introduce prior statements you made to show that your current statement might be wrong. If they can cast doubt on your truthfulness or your memory, it can hurt your case.
In your claim, you might have made statements to the insurance company or given depositions. These statements should be made only with the help of your Tennessee car accident lawyers, so they should be quite consistent. If you make statements online, it is possible you could get the facts wrong or make mistakes, and defense lawyers will jump on any mistake or correction they can to show that you are an untrustworthy witness.
As such, you should avoid saying anything not only on social media but also to anyone else in your life that the defense might be able to call to testify to your inconsistent versions of what happened.
Evidence About Damages
If you post on social media to tell your friends or followers that you are feeling better or that you have recovered from your injuries, the opposing party can use that as a cutoff point for your damages. If you say you are better – even if it is just to stop people from worrying about you – the defense can take that as a fact and claim that your pain and suffering damages should stop at that point. This could potentially mean losing out on substantial damages, all because of what your post online said.
Can Photos on Social Media Be Used Against Me in a Tennessee Car Accident Lawsuit?
One of the biggest mistakes that people often make in a car accident case is posting about it on social media. For the reasons discussed above, any statements might be very dangerous to maintaining your case, but photos can be, too.
A photo is not a statement, so a photo cannot be hearsay. No matter who took – or who posted – the photo, a photo of you can tell a story to the jury that might hurt your case.
Car accident claims often revolve around damages. You might claim that you faced certain injuries, that you cannot work, that you have to rely on help from others, and that you cannot enjoy activities you used to love, like riding a bike or playing an instrument. When you blame your accident for these harms, the defense will look for any evidence they can that you are lying about the severity of your injuries.
If you post pictures of yourself hiking, swimming, or partying when you claim you are dealing with serious injuries, that will almost certainly hurt your case. Even if these photos were old pictures, it might undercut your trustworthiness enough that the jury won’t care and won’t believe you.
Photos of your severe injuries might also be somewhat inappropriate to post, and a jury might see it as rude or uncouth. Your photos do not need to be public for us to introduce them as evidence of how severe your injuries were. Instead, save photos like this for the courtroom rather than Instagram.
Call Our Car Accident Attorneys in Tennessee Today
For a free case assessment with our Nashville car accident lawyers, call Howe Law at (844) 876-4357 today.
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