These days, sharing your life on social media is second nature for many people and not something people think much of. As such, if you’re injured because of someone else’s negligence, you may want to post about it. After all, it’s always nice to get sympathy from others.

However, you’ll want to think twice about posting about your situation if you’re pursuing a personal injury claim. Social media can undercut your claim, giving the defense fodder to question your credibility and the amount of damages owed to you. 

Here are some basics you should know about how social media can impact your personal injury claim. As is the case with all of our blogs, this is just general information that may or may not apply to your case and cannot be taken as legal advice. If you would like legal advice on your specific situation, contact a lawyer to schedule a consultation. 

How To Use Social Media During A Personal Injury Case

It is best to stay off of social media and refrain from posting until the case is resolved. Anything you say or depict can be used against you. 

For instance, if you post about the accident and assure your loved ones that you’re fine, but you also filed a personal injury claim… “I’m fine” doesn’t lend itself well to that. 

If you post yourself taking part in any activities, the defense may also use this against you. For instance, if you say your leg was hurt but you post a picture from a hike, they may say that your leg mustn’t really hurt that bad then. 

As such, it’s best to take a social media hiatus. You can show your social media accounts to your lawyer and ask for their guidance if you’re worried about how anything may impact your case.

Private Vs Public Profiles

If you have a public profile, it’s easy for the defense to see what you’ve been posting. If you have a private profile, you may get new follow or friend requests – unless you’re sure you know the person, hold off on accepting any until the case is closed.

Just because your profile is private or you switched it to private does not mean that you can post anything you want, though. Opposing lawyers can ask for discovery requests and courts can order you to show your socials.

Avoid deleting profiles or any posts. While you may think you’re doing yourself a favor, what this actually does is raise suspicion that you have something to hide. Some courts can also deem this “spoliation of evidence”. Also, anything you delete may be uncovered by court order. 

Social Media Posts Can Be Subject To Discovery Requests Or Court Orders

As previously mentioned, even if you have private social media accounts, the opposing lawyer can still ask for printouts of your social media activity as part of their discovery process. If you do not want to produce the information the opposing party is asking for and the opposing side can show good cause, you may be court ordered to produce information from your socials. 

The court may also order you to reactivate deactivated accounts. If you deleted your accounts, subpoenas may provide information from servers that store social media data, depending on how long the data is retained. 

How Social Media Can Hurt Your Case

We’ve touched on how social media can hurt your case above. The connections lawyers can make between your posts and your case can be far more than you expect. Some of the ways beyond what was mentioned above in how socials can hurt your case include the following:

• Posts about drinking and high risk activities may be used to argue that you had a role in your accident.
• Pictures of you smiling, talking about how grateful you are for things, pointing out the good, posting motivational quotes, and the like can all be used to dispute loss of enjoyment in life. 
• Posts about hauls, recent purchases, recent projects, affiliate links, and more can all be used to dispute a loss of wages or earning capacity. 
• And so much more.

Even if you think your post or your comment on someone else’s post may help your case, it could end up doing the opposite. 

Do You Need Help With Your Personal Injury Claim?

LeBaron & Jensen is here to help. Contact our office to schedule a case consultation and let our experienced attorneys provide you with the expert advice you need to help your case. 

If someone’s in your blind spot and you get into an accident, you may wonder who is at fault. Is it yours, because it was your blindspot? Or is it theirs, because you couldn’t see them? 

Like any other type of personal injury case, determining liability in blind spot accidents can be challenging. A personal injury attorney will be able to help you with your case. That said, here’s some basic information about blind spot accidents, factors involved with determining fault, and tips to reduce your likelihood of being in such an accident. 

About Blind Spot Accidents

The National Highway Traffic Safety Administration (NHTSA) has reported an estimated 840,000 blind spot accidents in the United States each year, with approximately 300 fatalities. 

Your blind spot is the area that you cannot see with your mirrors or eyes while driving, aside from turning your head and looking away from the road ahead. These types of accidents occur when one or multiple drivers fail to notice another vehicle in their blind spot and collide. 

In many cases, these crashes involve large trucks, as the bigger the vehicle, the bigger the blind spot. However, any vehicle is susceptible to these types of accidents. 

Common Causes Of Blind Spot Accidents

There are a few common causes of blind spot accidents.

• Lane changes. This is the most common cause of blind spot accidents. If a driver is negligent and fails to check their side mirrors and blind spots before changing lanes, they can get into an accident.
• Merging. Merging onto highways often involves accelerating at high speeds. You must be very careful of your blindspots when merging. The bigger your vehicle, the more mindful you need to be.
• Reversing. When you’re backing up, you could accidentally hit someone passing by. While newer cars have rear-view cameras to help avoid this, you still must be very careful to avoid hitting another car, pedestrian, or cyclist.

Determining Fault With Blind Spots

In most cases, the driver who had the blind spot is found to be at-fault for blind spot accidents. However, this is not always the case. It comes down to negligence and violation of traffic laws.

If a blind spot accident occurs while a driver is changing lanes, they will likely be the at-fault party, as they did not have the right-of-way. However, if two vehicles were merging into the same lane at the same lane, fault can be harder to determine. This usually depends on which driver began merging first. 

There will be an investigation and review of the evidence in order to determine fault. In order to prove fault and obtain compensation, you need to be able to show that the other driver’s negligence is what resulted in the accident.

Do Blind Spot Monitors Help Reduce Accidents?

Yes, blind spot monitors do help reduce accidents, but they are not foolproof. They usually have a minimum speed that they can detect other vehicles at. They can also have a maximum speed, which means if someone speeds, it might not detect the vehicle. Blind spot monitors can also struggle to detect smaller vehicles, such as motorcycles. 

As such, even if your car has blind spot monitors, you still need to be mindful of your blind spots and check them in order to avoid accidents.

Tips To Reduce Your Likelihood Of Being In A Blind Spot Accident

Avoiding accidents is a two-way street. Yes, you need to do everything you can to follow traffic laws and drive safely. However, other drivers on the road must also do the same thing in order to prevent accidents. That said, here are some tips to reduce your likelihood of being in an accident.

• Check your blind spots before changing lanes, merging, or backing up.
• Be aware of other vehicles’ blind spots. The bigger the vehicle, the bigger their blind spots. 
• Adjust your mirrors so they are in the correct position before heading out. 
• Use a blind spot warning system. While not foolproof, they can help.
• Keep a distance. Don’t cut it close when changing lanes or merging and be sure not to tailgate.
• Keep your windows clear.
• Assume that other drivers cannot see you. 

Were You Injured In A Blind Spot Accident?

LeBaron & Jensen provides representation for injured victims of other people’s negligence. If you were injured because someone else was negligent and you were in a blind spot accident, you may be eligible for compensation. Contact us today to schedule a case consultation. 

Airbags are a vital safety feature in cars and have saved many lives during car accidents. However, some may wonder if airbag deployment can cause or worsen injuries in car accidents or whether or not their airbags deployed impacts their personal injury case.

While airbags can help save lives, there are cases in which they may cause injuries. If you ever have questions about specifics of your car accident case, it’s best to consult with a personal injury attorney. They will be able to provide you with the expert legal advice you need, rather than the generalized information from a blog post that should not be taken as legal advice.

How Do Airbags Work?

Airbags are meant to cushion occupants of a vehicle during sudden impacts. They’re designed to inflate very quickly, within milliseconds. 

When a vehicle is traveling above a certain speed, typically 16-18mph, and has a sudden impact, the crash sensors send a signal to the ignitor in the airbag inflator. Then, gas rapidly fills the airbag, deploying it so that it is fully expanded when it makes contact with the occupant’s body. Almost immediately after the airbag inflates, it deflates, to absorb the energy and cushion the occupant.

Cars are required to have both driver and front passenger airbags. Many automakers these days now include side airbags, rear passenger airbags, and other such airbag systems in order to provide as much protection as possible.

Injuries Associated With Airbag Deployment

While the purpose of airbag deployment is to protect against serious injuries, it is possible to be injured through airbag deployment, for a variety of reasons from sitting too close to the steering wheel to manufacturer defects and beyond.

Some injuries one may suffer from airbag deployment include:

• Burns and abrasions
• Soft tissue injuries
• Hearing damage
• Face and eye trauma
• Lung injuries
• Lacerations
• Contusions
• Neck injuries
• Internal bleeding
• Damage to internal organs
• And more

If you are in an accident, it’s important to seek medical attention as soon as possible. Symptoms may not appear right away. It’s important for the medical professionals to know if the airbags deployed in your accident, as this can affect your care and necessitate further tests.

What Can Go Wrong When Airbags Deploy?

While they are life-saving devices, nothing is perfect, and things can indeed go wrong when airbags deploy. 

• Malfunctioning sensors
• Faulty airbag system
• Airbags deploy too rapidly or too slowly
• Occupants sitting too close to the airbags
• And more

If you were injured because the airbag system malfunctioned, you may be able to obtain compensation. Potential liable parties include: the airbag manufacturer, the auto maker, and anyone who inspected or worked on the airbag system. 

What If There Is No Airbag Deployment In Your Car Accident?

Airbags are not meant to deploy in any and every auto accident. The crash sensor gauges the severity of impact to determine if airbag deployment should occur. As such, minor collisions, particularly under a certain mileage per hour, may not include airbag deployment. 

However, if the airbag system is faulty or malfunctioning, the airbags may not deploy when they are supposed to. This leaves occupants without the expected protection, which can worsen injuries in car accidents. You may be eligible for compensation if your airbags did not deploy when they were supposed to and you were injured as a result.

It is important to pay attention to any recalls and to have your airbags inspected regularly in order to keep your vehicle as safe as possible. 

Can Airbag Deployment Damage Your Car?

You may wonder if airbag deployment means that your car is totaled. While airbag deployment can damage your vehicle, it does not always mean your car is totaled. If the airbags have deployed, they will need to be replaced, as they are no longer safe to use. 

Airbag deployment can cause damage to the vehicle. In some cases, the damage from the deployment and the impact may result in a total loss, where the cost to repair the vehicle is more than what the vehicle is worth.

Always have your airbags and vehicle checked by professional mechanics as needed to ensure that your vehicle receives the care it needs to stay safe. 

As such, airbag deployment can increase costs of repairs and/or replacements, which can factor into your car accident claim. 

Car Accident Personal Injury Attorneys In Northern Utah

LeBaron & Jensen is here to provide you with the help you need. If you have been victim to a car accident, contact us to schedule a case consultation. We don’t ask for any fees until we win your case for you.