If you have been involved in a car accident, you may feel tempted to post about your experience, either immediately or as the claims process unfolds afterward. Generally speaking, however, it is preferable in most cases to refrain from sharing either images or statements about your personal injuries or vehicle damage in digital contexts. Following a few basic principles about when and what not to post on social media can help you to avoid unintended repercussions, but an experienced car accident attorney may be able to offer tailored recommendations in a personalized consultation. Car accident victims in Florida, New Hampshire, or Vermont can schedule a conversation with a dedicated personal injury attorney at Shillen Mackall Seldon & Spicer by calling (802) 457-4848 today.
Can You Post a Car Accident on Facebook?
In today’s social media climate of unscripted “blind reaction” videos, “hot takes,” and live-streaming of events from serious to silly, the average social media account holder with even mediocre equipment – such as a personal cellphone or other mobile device – theoretically has the technical ability to post almost anything, subject to whatever prescreening or content filtering protocols are applied by the individual’s platform of choice. What any user should choose to post in a given situation, however, is a different question entirely.
There can be a number of factors that may affect the answer, depending on the circumstances involved – but generally speaking, when it comes to car accidents and social media, a valuable rule of thumb is to err on the side of sharing less, rather than more. You can always decide later to post material you initially held back, but even deleting a post after the fact will not necessarily remove it from all records. In fact, there are some circumstances where deleting a post regarding an accident could be considered obstruction of justice. In most cases, taking a conservative approach to save, rather than post, content on social media is the safest strategy.
Bystander Recording
If you are a witness to a car accident, you may feel tempted to not only record the incident, but to share your experience of the event and its immediate aftermath live. The moments directly following a crash are often characterized by high drama, and sometimes also by life-or-death stakes, as emergency responders rush to the scene. The availability of high-quality video cameras on personal devices, coupled with the widespread availability of “5G” cellular internet, has made it feasible for amateur news junkies, concerned citizens, and bystanders unwillingly caught in a traffic incident to make “on the spot” decisions to share their views live from the immediate vicinity of a vehicle collision, and many take advantage of these technical capabilities to do exactly that. There may be times, however, when it may be more prudent to refrain from recording, or at a minimum to record without streaming:
- If the recording activity poses additional traffic hazards: Aside from the concern witnesses should hopefully have for the individuals directly involved in an auto accident, it may be a good idea for bystanders to consider the potential for exposing themselves to personal liability – even criminal misdemeanor charges, in some jurisdictions – if their recording of an unfolding accident scene is perceived to interfere with the duties of emergency response teams, or with efforts by law enforcement personnel to restore the normal flow of traffic.
- If the scene of the accident presents graphic details: Many social media platforms have implemented content controls designed to limit the distribution of disturbing images or videos, even in real time. While the effectiveness of these technical controls can vary, the principle underlying their development – that as a general rule it is preferable not to share graphic materials widely and without warning – is worth taking into consideration. Some car accidents can be mere inconveniences; others result in catastrophic injuries and even loss of life. Exposing what may be an individual’s last moments via video streamed to social media platforms in real time can unnecessarily add to a family’s emotional distress.
If you do have images or video recordings of any part of an accident or its aftermath, you may wish to communicate with the parties involved in the accident, as well as law enforcement personnel documenting the crash, before departing the scene.
Driver or Passenger Recording
Individuals involved in auto accidents are in many cases too overwhelmed to consider collecting evidence on the scene – much less to think about posting photos or streaming live on social media. On the other hand, however, the same stressors can also sometimes lead individuals to post first and reflect later. Particularly if they are outraged by the circumstances of a crash or the behavior of other parties involved in an accident, drivers or passengers may sometimes share their experiences of the incident online, expecting to be vindicated by the materials they share.
Posting or streaming live from the scene of an accident in which you are involved, however, may not be a good idea. Images that are not carefully spaced to cover multiple angles – the kind typically taken by an insurance adjuster or car accident lawyer as part of a post-accident investigation – can give a false impression that vehicle damage is less severe than it actually is. An insurance company’s legal may also sometimes try to argue that anyone able to operate a digital camera and social media app must not have been badly injured – even if extensive medical treatments turn out to be necessary after the adrenaline of the crash wears off. Staying offline cannot totally prevent problems from arising in a car accident claim, but it can remove one of the common ways by which accident victims sometimes unnecessarily open themselves to vulnerabilities as they pursue compensation.
Should You Take Pictures After an Accident?
Sometimes individuals seeking to adhere to general recommendations for what not to post on social media may, in their zeal to exercise what is often called an abundance of caution, overlook the critical distinction between posting photos and taking them. While posting in real time and especially streaming live from the scene of one’s own accident are generally not recommended practices, taking photos at the scene of a crash when one can do so safely can often be a very good idea – subject to a few caveats.
Call Emergency Services First
Cellphone use is sufficiently widespread these days that there is a strong chance some or all of the parties involved in a car accident will have access to phone services, even if the collision takes place on an otherwise deserted highway. While inappropriate use of mobile devices during vehicle operation is itself a common cause of car accidents, appropriate use of the same types of devices at the scene of a crash has the potential to save lives. The first use of a cellphone after a car accident should always be to emergency services.
While waiting for emergency responders to arrive at their location, the individuals involved in a vehicle collision should make it their first priority to ensure that all drivers and passengers are as safe as possible. Some states have laws requiring drivers involved in traffic incidents to move their vehicles toward the “shoulder” of the road, clearing travel lanes, if it is clear the vehicles can be moved without risking further injury to any of their occupants or posing additional risks to passing traffic. Laws can vary from one jurisdiction to another, however, so it can be a good idea to familiarize yourself with the requirements in your state and anywhere you expect to be traveling.
Never Interfere With First Responders
After the initial call to emergency services, 9-1-1 operators will typically dispatch emergency personnel relatively quickly. How long it may take for these first responders to arrive, however, can depend on a number of factors – including the location of the accident and the availability of response teams in the area.
Once law enforcement or other emergency personnel do arrive at the scene of an accident, drivers and passengers who are not suffering from immediately debilitating injuries may be able to take photos of the vehicles and document any visible sounds sustained in the crash. In some cases, however, emergency responders may direct all those involved in the accident to step back, either for their own safety or to allow paramedics or firefighters unimpeded access to all vehicles affected by the accident and especially to any individuals who may have been trapped inside, or who may need to be moved with special care. Always be sure to follow any guidance from emergency responders, and only take photos or videos at the scene of an accident if you can do so without ignoring their directives.
Personalized Recommendations Regarding Your Car Accident
If you have been injured in a car accident that was not your fault, you may be overwhelmed and frustrated. Rather than venting on social media, however, you may wish to consider speaking with a personal injury attorney who can evaluate your circumstances and offer recommendations tailored to your specific case – including advice for what not to post on social media as you move through the post-accident claims process. Schedule a conversation with an experienced car accident lawyer in New Hampshire, Florida, or Vermont by calling the offices of Shillen Mackall Seldon & Spicer today at (802) 457-4848.