Can Your Car Accident Lawyer in Baton Rouge Use Social Media to Gather Evidence?
One thing your car accident lawyer in Baton Rouge will tell you is never post about your accident on social media. Anything you say on social media can be used against you in court. This includes videos, pictures and comments. You may post something that seems totally innocent, and it can come back to haunt you later on.
One of the reasons your lawyer knows this is because they get some of their evidence from social media. One of the best ways to get valuable information about your accident is by checking what’s been posted on social media.
Everybody seems addicted to social media. This means there’s a good chance the other driver will post about the crash on their Facebook or Twitter page. They probably have no idea that these posts can hurt their car accident lawsuit. Your Baton Rouge trial lawyer knows this and will use it to their advantage.
One of the reasons it’s important to retain a trial lawyer in Baton Rouge after your crash is they have experience gathering evidence to prove your case.
How Will Your Car Accident Lawyer in Baton Rouge Prove Your Case?
In order to prove that the other driver was at fault, your trial lawyer will need to show negligence. To do this, they’ll have to demonstrate the following four (4) things:
You need to prove all four (4) elements of negligence to win your car accident lawsuit. These four things are:
- The defendant owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were a result of the defendant’s breach
It’s not that difficult to prove the defendant owed you a duty of care. This duty will depend on the circumstances surrounding your accident. Generally speaking, all drivers owe other people on the road a duty of care. This includes a duty to obey all traffic rules.
Proving that you were injured won’t be hard, as long as you went to the hospital. Your lawyer will submit your medical records as proof of your injuries. And, as long as you were treated for your injuries right away, it won’t be hard to prove that the accident caused your injuries.
The hard part is proving that the defendant breached their duty of care. This is where social media comes into play.
How Can Social Media Help Prove Your Case?
In order to prove the defendant was at fault, your lawyer may rely on social media. Chances are, the defendant posted about the accident right after they got home. Your car accident attorney will check Instagram, Twitter and Facebook to see what kind of information they can gather.
Without realizing it, the other driver may help your case by posting about the accident on negligence. Some of the things they can post that will help you prove they were at fault include the following:
- Comments about how they’ll get to enjoy the summer off because of their injuries
- Jokes about how they’ll get a new car out of the accident
- Pictures or videos of them doing things they wouldn’t really be able to do if they were seriously injured
- Posts or comments about how this is their third (or fourth) accident in the last two years
- Pictures or videos of them out at a bar drinking alcohol prior to the crash
Your attorney is going to discover this kind of information. They’ll take screen shots of these posts so they can use them at trial if need be. Even if the defendant deletes these posts, as long as you have the screen shots, you can use them.
Your Baton Rouge trial lawyer may even hire a private investigator to follow up on social media posts. For example, if the defendant posted pictures of them at a bar hours before the crash, the investigator will go to the bar. They’ll ask for copies of surveillance or videos from that night to see how the defendant was behaving. Your lawyer can even subpoena cash register receipts to see how much the defendant had to drink before getting behind the wheel.
Contact an Experienced Car Accident Lawyer in Baton Rouge, Louisiana
If you get into a car accident, your lawyer will need evidence to prove the other driver was at fault. You can try to do this yourself, but it will be difficult. That’s why you should call an experienced car accident lawyer in Baton Rouge right away. You can schedule your free initial consultation with Babcock Trial Lawyers today.