Tag Archives: social media

DuPage County car accident lawyerAs you can probably imagine, social media sites can be very dangerous if you are seeking damages for injuries caused in a car accident or another type of personal injury claim. Facebook and Instagram posts may present an image of your life that is very different from the reality, but, taken out of context, certain photos and content may impact your credibility and call your claims of serious injury into question.

There are other dangers associated with social media, as well: its ubiquitous nature and the disconnect that seems to exist between some social media users and the real world. Some people become so obsessed with sharing every moment on Facebook that they neglect to notice how their sharing may affect other people. Such was the tragic case last year when the family of an accident victim was forced to learn of their loved one’s death via grisly images posted to Facebook.

Tragedy on the Highway

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social media, distracted driving accident, Hinsdale car accident lawyerThe warnings are all around us. “Arrive Alive; Don’t Text and Drive.” “Dnt txt n drv.” “Texting and Driving…It Can Wait.” Crash statistics from across the country indicate that texting while driving and other forms of cell phone-related distracted driving are extremely dangerous. Each year, distracted driving contributes to thousands of accidents, many of them causing serious injuries and even death.

Social Media and Distracted Driving

As you probably realize, texting and driving does not just refer to the exchange of traditional text messages, or SMS—Short Message Service—messages. Interacting on social media while driving is equally dangerous, if not more so, as many social media outlets offer features that can be even more distracting than a simple conversation. One such feature is the basis of a lawsuit now pending in Georgia, the outcome of which could lead to serious changes to the understanding of distracted driving accident liability.

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b2ap3_thumbnail_smartphone-app.jpgThe social media explosion in the last decade has created vast, new environment for sharing stories, pictures, and information with family, friends, and even complete strangers. It can certainly be a lot of fun to jump on Facebook after or during an exciting adventure and to share the experience. Before you click the “post” button, however, it is important to keep in mind that, if you are currently pursuing a personal injury claim, the things you post to social media sites—to borrow from the Miranda warnings—can and will be used against you in a court of law.

Appearances Are Important

When you have been injured in an accident, you have every right to get back to the enjoyable activities of daily life. For many, of course, this involves the frequent use of social networks. However, it is absolutely vital for you to realize that social media posts can very easily be taken out of context and presented in a manner that makes you seem much less credible. In addition, your posts, when spun by a defendant’s attorney, can make your injuries appear less severe than the reality.

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Illinios divorce attorney, Illinois family law attorney, order of protection, restraining ordersElonis v. United States, a recent Supreme Court case, highlights the growing problem of domestic violence threats made via social media. The defendant, who lived in eastern Pennsylvania, was arrested and convicted for making threatening posts about his estranged wife on social media. According to court reports, he and his wife were going through a messy separation. Prosecutors found multiple posts on Facebook directly threatening the wife with domestic violence. After his arrest for making threats to his wife, in addition to threats aimed at local police, an FBI agent, and an elementary school, the man was convicted. The judge in his criminal case sentenced the defendant to three years, eight months in prison.

Now, the Supreme Court must decide whether the man was properly convicted. According to his attorney, prosecutors should be required to show that his intent was to threaten his wife. However, prosecutors and the Department of Justice argue that they only need to show that any reasonable person would perceive such social media posts as threatening. A final decision in this case is not expected until June 2015. However, this case does focus on an important issue for many separated or divorcing spouses: threats of domestic violence.

Divorce and Domestic Violence

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online divorce, stalking spouse, Hinsdale divorce lawyer1. CHANGE YOUR PASSWORDS.

If you are divorcing, you may be sharing a password with your spouse as many married couples do, or your spouse may know your passwords. Don't think for a moment that because you think you have nothing to hide that your spouse may not read all your email or potentially do malicious things to your accounts. Remember: what you say in emails or text messages or social media such as Facebook or twitter or other forms of media may well be admissible in evidence against you in your divorce case.

Likewise, the websites that you visit or the material that you're looking at may become useful for your spouse. Like a trail of breadcrumbs your media trail may lead your spouse to things that can be brought up in Court such as your spending patterns or who you associate with or whether you were involved with someone else (even if you claim you were only friends.)

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