Want to ensure your legal rights aren’t compromised after an accident?
People upload accident footage to social media every year without realizing the risks. Posting happens naturally. You want to vent about an experience, warn others, or show off.
Except here’s the issue…
That footage could sabotage your case. Lawyers will tell you what you share publicly online can be misconstrued, taken out of context, and used against you in countless ways you never imagined possible.
Delete that video or it could cost you thousands in damages.
In this article, you’ll find everything you need to know about the biggest legal pitfalls of posting accident footage online and how to completely avoid them.
Table of Contents
Why Sharing Accident Footage Online Is Risky
Here are the logical reasons why it’s a bad idea to post your accident video online.
When you upload footage of any kind of accident that occurs on someone else’s property… You just gave the defense free evidence.
And more than that, evidence that will be thoroughly examined by defense attorneys and insurance investigators trying to find ways to disprove your personal injury claim. That’s because premises liability lawyers know their clients will use that footage against YOU to try to shift blame onto you.
How? Let’s review…
Footage can be misconstrued: Any short clip won’t provide full context. It may not show what caused the accident whether that was a spill on the floor, broken railing, uneven pavement, or poor lighting conditions. Instead, it may only show you walking normally and prove your injuries aren’t as severe as you claim.
Loss of context: Speaking of context. Social media has no empathy and takes everything out of context. If you have footage of yourself leaving the scene limping or with an injury visibly visible… That could be used to show you were “walking just fine” after slipping and falling.
Permanent public record: Once you hit submit and post that footage online, it becomes permanent. Someone can see it years down the road and use it against you. Even deleting it won’t hide the evidence because screenshots and cached images/videos will still exist. Counsel will find them.
How Insurance Companies Use Your Social Media Posts
Now it starts to get fun…
Insurance companies have investigators dedicated to ruining your case by going through your social media profiles. Reviewing what you post online helps insurance companies and defense attorneys determine ways to pay out the least amount of money possible to settle your claim.
There was even an insurance industry report that found 36% of claims are influenced by information their adjusters find on social media.
Let that sink in. Over one-third of insurance claims are impacted by social media posts.
Here’s why…
- Insurance investigators comb through your entire profile. These surveillance teams will spend hours searching through your Facebook photos and Instagram posts to discredit your injury claims.
- Pictures and videos can be easily taken out of context. For example, if you share a smiling photo of you at a dinner party, insurance companies could argue you don’t experience severe pain and suffering like you claim to.
- They can access your “private” content. Believe it or not, your private social media accounts aren’t safe from prying eyes. If your posts are deemed relevant to the case, your attorney could be forced to give the opposition your login information.
And this begs an even bigger issue…
Your family and friend’s profiles aren’t safe either. Anyone that tags you in a post or location can cause trouble for your claim. If one of your friends posts a photo of you at a lake and you’re tagged in it… You look pretty active for someone who just injured their leg falling down stairs.
Insurers will use that against you every single time.
Bottom line? Don’t give insurance companies anything to work with. Assume everything you post on social media will end up on display in front of a judge and jury.
Don’t Delete Your Posts (Evidence Spoliation Trap)
If you think posting your accident footage is bad…
Deleting those posts after your accident happens is illegal and will hurt your case more than help it. Once you give your opposition evidence by posting online, take it as far as you can by deleting your posts.
Below is a breakdown of what evidence spoliation is and why you don’t want to be charged with it.
Evidence spoliation is…
The intentional destruction of evidence that can be used in a legal case. Courts frown upon anyone who destroys potential evidence. If you post footage of your slip and fall accident on Facebook, then delete it after filing a claim, the judge will likely punish you for it.
Here’s what you may be subjected to:
- Negative inference – A judge will allow the jury to assume that the content you deleted would’ve hurt your case.
- Monetary sanctions – Courts can charge you monetary fees for deleting potential evidence.
- Attacking credibility – Deleting evidence can cause the judge and jury to question everything you say under oath.
Lawyers know how detrimental evidence spoliation can be to your case. That’s why they will always advise clients not to post anything about their accident online.
The best course of action? Don’t post about your accident on social media at all. Let’s dive into what you should be doing instead…
What You Should Do After Your Accident
If you’ve been injured on someone else’s property, follow this process:
Accidents happen every day. Falling down and hurting yourself on someone else’s property is more common than you think. In fact, the CDC reports there are roughly 3 million ER visits due to falls by older adults alone each year.
Taking videos and pictures of the scene and your injuries will help your lawyer prove your case. But resist the urge to post them online.
- Capture evidence: Record the scene with your phone or camera. Take pictures of where the accident occurred, the hazard that caused the accident, and your injuries. Important: Do NOT post them on social media. Delete them from your phone immediately after uploading them to a secure location that only you and your lawyer can access.
- Report the incident: Tell the owner or manager about what happened. It’s important to have an official report with the business or property you were injured at documenting the incident.
- Go to the doctor: Even if you think you’re fine. You should always be checked out by a medical professional after an accident. Medical records will help your case and prove your injuries.
- Contact a lawyer: Speak with a premises liability lawyer before posting anything online or speaking to insurance companies about your accident. They will advise you on what to do next.
Lastly…
Avoid social media until your case is over. Don’t allow yourself to slip up and forget about Facebook or Instagram. You aren’t just protecting your current case by staying off, you’re protecting your future as well.
Imagine being in a Car Accident then posting about it online. Suddenly, your car insurance rates skyrocket.
Avoid the risk and stay off social media if you can’t guarantee you’ll have self-control.
Wrapping Things Up: Sharing Accident Footage Online
Posting your accident footage on social media can feel like the right thing to do at the time. But in reality, it endangers your rights and your potential settlement.
Here’s a quick recap:
- Posting footage grants the defense free evidence they can use against you
- Insurance companies troll through your social media profiles
- Deleting content can lead to evidence spoliation sanctions
- Staying off of social media is safest option until your case is over
You should be focused on protecting your legal rights after an accident and posting videos online won’t allow you to do that.
Avoid these 4 sharing accidents footage online pitfalls by staying off of social media completely until your case is resolved. Keep your evidence safe, and consult a premises liability lawyer ASAP.