Can Social Media Be Used Against You in a Motorcycle Accident Case in NJ?
Social media has become an integral part of our everyday lives, allowing us to connect with friends and family across the globe. However, social media can have a more significant impact than just socializing.
In New Jersey motorcycle accident cases, social media can significantly impact your legal interests. Understanding how social media can be used against you in such cases is crucial to navigating this digital landscape and protecting your rights. In light of the potential impact that social media can have on your case, having our team by your side can help prevent your private life from impacting your claim. We can inform you of the best practices for social media use during your case and defend against any overreaching attempts by the other side to access your social media content.
To schedule a free case review, contact New Jersey motorcycle accident lawyer Jerry Friedman by calling 1-800-529-4464.
Can My Social Media Posts Be Used Against Me in a New Jersey Motorcycle Accident Case?
In today’s digital age, social media has become a ubiquitous part of our lives, and we often use these platforms to share significant life updates, including those related to accidents and injuries. However, it is important to remember that insurance companies and defense attorneys can use these posts against you to challenge your claim.
New Jersey has strict rules regarding what evidence our New Jersey motorcycle accident attorneys and other lawyers can use in court. According to N.J.R.E. 401, for any information to be considered admissible in court, it must be relevant, meaning it can make a fact in dispute more or less probable. This rule applies to social media posts as well, and any posts that show you engaging in physical activities could be considered relevant if you’re claiming severe physical injuries.
However, during insurance settlement negotiations, the rules governing evidence are less stringent. Adjusters might use any information they find persuasive to argue for a lower settlement amount. This includes social media posts that might not be admissible in court, such as an image of you smiling at a party. Adjusters could use this image to argue that your pain and suffering are less severe than claimed, even if the image is not a fair representation of your current condition.
Therefore, take extra caution about what you post on social media, especially when you are in the middle of a motorcycle accident claim. You should avoid posting anything that could be used to challenge your claim, such as pictures or videos of physical activities or statements that contradict your claim.
How is Social Media Evidence Used Before a Motorcycle Accident Trial in New Jersey?
Before a trial, social media evidence is often used in pretrial motions or negotiations. In the discovery phase of litigation, social media content can be used against you. Posts, comments, photos, or even location tags can provide insights into your activities, relationships, and state of mind, which could potentially contradict the claims you are making.
The rules governing the discovery process are generally more relaxed than those for trial. During discovery, parties can obtain any non-privileged information relevant to the case, even if it would not be admissible in court. This broad scope allows for the inclusion of social media content, which might otherwise be excluded at trial because of rules about hearsay, authentication, and relevance.
What Should I Avoid Posting on Social Media to Protect My Motorcycle Accident Claim in NJ?
After a motorcycle accident, it’s advisable to limit your social media use. Be cautious of new friend requests, as investigators can create fake profiles to access your posts. Of course, you should consult with Jerry to determine if anything on your social media can be used against you. In any case, be sure to avoid posting the following information if you plan on pursuing a legal claim later:
Posts Showing Physical Activity
Posts that depict physical activity can be particularly detrimental, especially if you are claiming severe injuries that limit your mobility. For instance, if there are posts of you dancing at a party, hiking a trail, or engaging in any other form of physical activity, this could be used to argue that your injuries are not as severe as claimed.
Even if these activities were painful or required significant effort on your part, the context is often lost in social media, leaving room for misinterpretation. Furthermore, in many cases, these posts can be taken out of context and used as evidence against you, potentially jeopardizing your chances of receiving the compensation you deserve.
Posts Discussing the Accident
After a motorcycle accident, you might want to share the details with your friends and followers on social media. However, it is important to be aware that doing so can potentially harm your legal claim. The reason for this is that any discrepancies between what you post on social media and what you officially report about the accident can be used to question your credibility. Moreover, if you express your opinions on who was at fault or admitted any responsibility for the accident, it can be used against you in court.
Therefore, we advise that you keep all details related to the accident and its aftermath off social media. While it might be tempting to vent your frustrations or seek support from your online community, it is crucial to remember that anything you say or post could potentially be used against you. Instead, focus on gathering all the necessary evidence and information about the accident and work closely with our team to ensure that your rights are protected.
Posts Showing You Engaging in Risky Riding Behavior
Posts that show you engaging in risky riding behavior, such as not wearing a helmet or speeding, might have a negative impact on your claim. These posts can be used to depict you as an irresponsible and reckless rider, which could sway perceptions of liability.
Even if the posts were made prior to the accident, they can still be used as evidence against you, potentially reducing your chances of a successful claim. It could be argued that you have a habit of risky riding in the past, which can jeopardize your future compensation.
Posts Tagged by Friends and Family
Keep in mind that the impact of your accident or injury case is not limited to your own social media posts. Even posts made by your friends or family members that tag you can potentially harm your case. Therefore, it is not unreasonable to request that your loved ones respect your privacy during this time and avoid posting anything related to your accident, injuries, or recovery. This will help ensure that your case is not compromised by unintentional social media activity that you might not even be aware of.
Jerry and His Motorcycle Accident Attorneys Can Help Protect Your Claim
For a free case evaluation, call Jersey City motorcycle accident lawyer Jerry Friedman today at 1-800-529-4464.
