The ease and convenience of cell phone cameras, pocket cameras, and even helmet cameras can be used to capture every amazing moment of your life, and then shared with a click of a button.Unfortunately, this broad ability to distribute video through social media isn’t necessarily a blessing, especially when the footage can be used against you.
How Videos on Social Media May Complicate Injury Claims
When you file a personal injury claim as a result of a motorcycle accident, insurance adjusters will try to deny it on whatever basis they can exploit. However, in order for them to be successful in discrediting your story and settlement eligibility, they must be able to prove your negligence.
If there's photographic or video documentation that you've performed motorcycle stunts or ridden in a manner that may be perceived as reckless, an insurance adjuster might use this to:
- Discredit your story. You may swear there was another party involved in the accident who caused the collision. However, if a judge or jury sees that you have a tendency to drive fast, perform tricks, or ride recklessly to impress your online fans, they may question your story’s validity.
- Introduce liability doubt. If the adjuster can cast doubt on your story, he may also be able to twist the responsibility of the accident in your direction. After all, you’ve publicly shown that safety isn’t your top priority while riding.
- Place the blame on your for injuries. Once your story and the responsibility for the accident come into question, an adjuster might suggest the injuries are your fault and therefore not eligible for compensation.
- Disgrace your character. Videos are extremely compelling pieces of evidence, as juries tend to pay close attention to visual details. Consequently, any sympathy or trust they may have had in you can quickly turn to suspicion and skepticism if they see you acting negligently on an already dangerous piece of machinery.
Protecting Your Claim and Fighting Back
It’s important to know that prosecution attorneys cannot encourage you to remove footage from a public forum once they become aware of its presence. In fact, the insurance company’s attorneys can even file a motion to retrieve footage that's been recently deleted.
The best course of action is to refrain from uploading motorcycle tricks and rides to public spaces. Although you may not foresee being injured in an accident, the notoriety of a few hundred likes isn’t worth sacrificing a settlement which could help you in your recovery.
For more information on securing a strong motorcycle injury claim, fill out our convenient contact form to schedule a free consultation. We’re happy to provide you with the necessary information, resources, and support you need. Contact us today and see how we can help you!