Be careful how you use social media following an accident

Social media has become part of the fabric of our daily lives. Especially at a time when we’re feeling distant from even our next-door neighbors, the desire to reach out to others is particularly strong. Oversharing during these challenging times is easier than ever. However, if you were injured in an accident and are thinking about a personal injury claim, you should be extremely cautious with what you choose to post.

Many things can be open to interpretation

If your arm is in a cast, or if you have suffered burns or lacerations, it is visibly evident. But what about injuries that may not be so visible? Injuries to the back and neck or soft tissue injuries will not show up in your photos. You might be suffering from a back injury that makes movement painful. However, if you decide to take a skiing trip, an insurance representative or a jury will be likely to treat your claim with a healthy amount of skepticism.

Similar rules apply if you’re seeking damages for pain and suffering. You don’t have to shut yourself off from the world. However, if you’re claiming that an accident has had a major impact on your life, you should think twice about posting evidence of you and your friends having a night on the town. People’s perceptions can have a significant impact on your claim. It doesn’t matter if those perceptions don’t reflect the reality of your situation.

Think hard about what you’re posting

You should always consider what you’re putting out there for the world to see. That’s good advice for the estimated 70 percent of Americans who engage in some form of social media. However, this advice is especially important if you’re stating a claim for a personal injury. Do not post:

• Photos of your injuries
• Photos of the accident scene
• Any information concerning your medical condition or treatment
• Information involving your legal claims

One of the potential problems with social media is that it involves other people. You should ask your friends and family members to keep you out of posted photos until your case has been resolved. It can be difficult to make these demands on yourself, much less others. However, the last thing you want to do is to damage your case inadvertently.

Be careful how you use social media following an accident

Does bad weather lessen the blame for car accidents?

Winter weather presents its share of driving challenges. Often, driving can feel more like skating, albeit behind the wheel of a vehicle that weighs thousands of pounds. Given these challenges, does winter weather reduce liability for accidents?

Drivers owe one another a duty of care

When you get behind the wheel, you owe other vehicles and pedestrians a duty of care. This is legalese for paying attention. It’s expected that you will obey traffic signals and yield to those who have the right of way. When another driver travels well above the speed limit or views stop signs as optional, they violate this duty. If an accident happens, they may be negligent and held liable for their reckless actions.

But what if a driver is obeying the speed limit in the middle of a snow or ice storm, is unable to stop in time, and crashes into another vehicle or pedestrian? As long as they were obeying the speed limit, it’s not their fault, right?

The duty of care is not static. It may change depending on weather conditions. You should always be adjusting your driving habits in light of the weather. For the most part, speed limits are set for dry, clear conditions. Traveling at 65 mph when the roads are icy and you can’t see more than 100 feet ahead of you isn’t wise. In fact, it would probably be considered negligent if you caused an accident. Other precautions drivers should take in less than ideal driving conditions include:

• Using windshield wipers
• Turning on their headlights
• Using the proper tires for the season and road conditions
• Leaving plenty of distance between vehicles

It’s possible for a storm to come out of nowhere, providing you with no time to adjust, resulting in an accident. However, in general, a failure to take adequate precautions could be a significant factor in determining liability in a car accident case.

Does bad weather lessen the blame for car accidents?

Distracted driving has consequences

If you’ve been injured in a car accident, it’s important that you educate yourself on what determines whether or not a driver was distracted. In the state of New York, the law prohibits the driver of a vehicle from using any portable electronic devices. This includes holding an electronic device and sending, reading, composing, accessing, transmitting, browsing, saving, or accessing electronic data such as text messages, email, webpages or images.

Why distracted driving is dangerous

When operating a motor vehicle, there is a lot that you need to focus on. Other drivers, the road, weather conditions, the operation of your vehicle, and any kind of warning lights or signs.

Other factors that cause distracted driving

Over and above the legal definition, these activities can also cause a driver to become distracted:

• Eating while driving
• Talking to other passengers
• Fiddling with knobs/controls in the car
• Playing loud music
• Smoking
• Personal grooming (putting on makeup/shaving)
• Sleep deprivation

Distracted driving is on the rise. The proliferation of personal electronic devices has added a new dimension to the driver’s experience, and the ability to “stay connected” while on the go is actually turning out to be a detriment to safety. According to the National Highway Transportation Safety Administration 2,841 people died in 2018 due to distracted driving.

What you can do to stay safe

Make sure that you have minimized your distractions every time you get in your car. Turn down the radio, turn off your cell phone, and stay alert to changing road conditions and the actions of other drivers. If you have been injured in a car accident, it is in your best interests to contact an attorney.

Distracted driving has consequences

The 100 deadliest days and what parents of teen drivers can do

The roads around New York can be dangerous for drivers, especially inexperienced teen drivers. Drivers from the age 16 to 17 are three times likelier to be in a fatal crash than are adults.

Perhaps you or your teenage son or daughter was in an accident. Fortunately, there were no fatalities, but there are mounting medical bills to deal with as well as lost wages and pain and suffering. You may be able to file a personal injury claim if the losses cannot be covered by your own insurer.

Teen drivers and negligence

The other side may put up a strong defense, though, especially if it was your teen who was driving. Teens are notorious for being negligent or reckless drivers, and a recent Traffic Safety Culture Index from the AAA Foundation for Traffic Safety shows what unsafe actions are most common among them.

In the survey, 72% of respondents aged 16 to18 said they were unsafe drivers in the past 30 days. Of these, 87% mentioned speeding: 47% in a residential area and 40% on the freeway. This was followed by texting at 35% of respondents, running a red light at 32%, aggressive driving at 31% and drowsy driving at 25%. Seventeen percent admitted to not wearing their seat belt.

Preparing for the 100 deadliest days

Teen driving crash fatalities rise each year between Memorial Day and Labor Day: what safety experts call the “100 deadliest days.” Between 2008 and 2018, there were over 8,300 such fatalities during this period.

Parents are expected to encourage and instruct their teens so that they become safer drivers. AAA recommends having at least 50 hours of coaching sessions before the 100 deadliest days and setting up a parent-teen driving agreement.

A lawyer focusing on personal injury cases

Under this state’s personal injury law, you may be eligible for compensation even when you are partially at fault. Of course, the damages you recover will be proportioned to that degree of fault. By hiring a lawyer who focuses solely on personal injury cases, you may be able to seek out the maximum possible settlement.

The 100 deadliest days and what parents of teen drivers can do