Car Accidents

Social media allows people to stay connected to friends and family on a daily basis. In fact, millions of people use social media to share everything, including vacation pictures, back-to-school photographs, and current events.

While many people post on social media sites multiple times a day, this can become a problem if you were recently involved in a car accident. An innocent social media post can seriously damage your claim and prevent you from being able to collect financial compensation for your injuries. An experienced lawyer will discuss the risks of social media, and they may even recommend that you avoid posting on all sites until your case has been settled.

How can Social Media Negatively Impact My Car Accident Claim?

Even if the other driver involved in the accident was at fault, your social media posts can be used against you by the at-fault driver’s lawyer or insurance company. Your settlement amount may be reduced, or your claim could be denied based on the comments or pictures that you post on social media. The following are examples of ways that social media posts can hurt your claim:

• Harmful statements: Even the most seemingly innocent comments about the accident can be used by the other driver’s insurance company to question the seriousness of your injuries. For example, if you post a comment on social media telling friends and family that you are in much less pain today than you were yesterday, the insurance adjuster may use those comments to argue that your condition is improving.
• Check-ins on social media: Some platforms show your location when you are participating in an activity, like a yoga class or a spin class at the gym. If you said that you suffered a broken arm in a car accident, but your social media showed that you signed in for a spin class at the gym, the defense will use this as evidence that your injury is not as serious as you claimed.
• Pictures: While it may be tempting to post pictures of the accident, including the damage to your vehicle or your injuries, you are strongly urged to resist the temptation. The photograph may not depict all of the facts. The defense will look for any piece of evidence in the picture to prove that your injuries are not as serious as you claim.
• Posts are not private: Despite the privacy settings that can be used on different platforms, there is almost no such thing as privacy when it comes to social media. In some cases, even private posts may be subject to discovery if they are relevant. If a person has filed a claim against another individual, the injured party has the right to review their social media.
• Posts from friends and family: Even if you do not post any comments or pictures on social media about the accident, your friends and family might post something. For example, a friend may “tag” you in a photograph. If the photograph provides the defense with evidence suggesting that your injuries are not serious, this can be very damaging to your case. In addition, if friends or family members make comments about the compensation amount you expect to receive, this can also hurt your case.

What Social Media Tips can Help My Car Accident Claim?

Do not share information about the accident. Social media is the easiest and quickest way to update friends and family about major events in your life. A traumatic car accident is certainly a major event, and social media allows you to notify them about the accident in a single post, rather than having to make multiple phone calls. However, using social media to provide updates about the accident, your recovery, or the settlement process is strongly discouraged. In fact, you are urged to stay off social media completely until the claim has been settled.

Do not post photographs or videos about the accident or case. While it is a good idea to take pictures of the accident scene, including damage to your vehicle, your injuries, and skid marks or debris on the road, you should never post those pictures on social media.

Do not share medical information on social media. This includes any information about your injury, doctor visits, medical procedures, prescription medications, and other medical information. If you are using a crowd-funding campaign to raise money for the expenses associated with your injury, only provide the minimum amount of details. The more information you include, the more likely it is that the information can be used against you.

Urge family members to avoid making social media mistakes. When it comes to posting on social media, it is better to be safe than sorry. That means talking to family members and asking that they refrain from posting any pictures of you, comments about your injuries, or any information about the accident or case. This will prevent the defense from using posts against you.

Monitor all of your social media accounts. With the number of social media platforms that are available today, users have to keep track of the ones they use regularly and the ones they use less often. When changing privacy settings, make sure that you update the setting for all accounts. If there is a social media account that is rarely used, consider getting rid of it altogether.

Never post an apology on social media. Apologies or statements that imply liability can be used against you by the defense. Those injured in a car accident are strongly urged to avoid apologizing to the other motorist. This advice goes for social media posts as well.

Set all social media profiles to private. This does not make it impossible for people to gain access to your profiles, although, it will make it more difficult to find and access your information. Urge friends and family members to update their privacy settings as well. If you get any friend requests or requests to follow, do not accept those requests.

Is it Possible to Stay Active on Social Media in Some Capacity?

For people who are extremely active on social media, avoiding all of their platforms entirely for the duration of the claims process may be challenging. If you are someone who must use social media, make sure that you limit your engagement to liking other people’s posts or sharing news content. Ideally, you should lay low until the personal injury case has been resolved. This will ensure that you reach the best possible outcome.

Los Angeles Car Accident Lawyers at ACTS Law Help Personal Injury Clients Avoid Social Media Snags

If you have been injured in a car accident, you are urged to contact our Los Angeles car accident lawyers at ACTS Law as soon as possible. If you wish to pursue a personal injury claim, it is highly recommended that you avoid all social media platforms until your case has been settled. Even the most seemingly innocent post can be taken out of context and used against you by the other driver’s legal team. To schedule a free, confidential consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online. With offices located in Los Angeles and San Diego, we serve clients throughout Southern California.

When you are involved in a car accident, it is always recommended that you notify your insurance company, even if the collision is relatively minor. Insurers want to be updated any time you are in a car accident because it can affect your insurance premiums. However, while your insurance company may prefer that you file the claim immediately, you have up to the time in the statute of limitations of the state.

In addition, the time limit for an injury claim is generally shorter than the time limit for filing a claim for property damage. An experienced lawyer will work closely with you to ensure that your claim is filed on time.

What is the Deadline for Filing a Personal Injury Claim in California?

The statute of limitations for filing a personal injury claim in California is two years from the date of the accident. If the accident resulted in a fatality, the surviving family members must file a wrongful death lawsuit within two years of the date of the person’s death. The deadline for filing a claim for property damage is three years from the date of the accident. When the plaintiff is under 18 years old, the California statute of limitations is the same, however, the clock does not start ticking until the minor’s 18^th birthday.

If you fail to file your claim within this time frame, your claim will likely be denied, and you will not be able to recover any damages. In addition, you will be prohibited from bringing your case to the court at a later date.

Why is the Timing of Filing a Personal Injury Claim so Important?

While you technically have two years to file a personal injury claim, it is highly recommended that you initiate the claims process as soon as possible. One of the main reasons why this is so important is that the longer you wait to file a claim, the more difficult it will be to collect key evidence. For example, if you wait too long to file a claim for property damage for your totaled vehicle, by the time you start the process, the car may be sold for parts or auctioned off. That means you will no longer be able to present the damaged vehicle as evidence.

However, it is important to understand that some injuries do not become apparent until days, weeks, or even months after the accident. If you file a claim before you learn about the full extent of your injuries, you could reach a settlement that does not cover the full costs associated with the injury.

If you are unable to file a claim immediately following the accident because you suffered serious injuries and were rushed to the hospital, the last thing you want to think about is collecting evidence and contacting your insurance company.

However, a dedicated lawyer understands how stressful and overwhelming this can be for you, particularly when you are recovering from your injuries. Your lawyer will work with investigators to determine who is responsible for the accident and recover the evidence necessary to support your claim.

How Do I Report an Accident to My Insurance Company?

There will likely be a toll-free number for customer service or an emergency hotline on your insurance card. Call this number immediately following the accident and let your insurance agent know that you were involved in a collision. They will ask for some basic information, including your full name, policy number, driver’s license, and license plate numbers of all drivers involved in the accident, date and time of the accident, and a general description of what happened.

While you are required to disclose certain details about the accident, be careful not to say anything that suggests you were in any way responsible. Keep the following tips in mind when reporting the accident to your insurance company:

• Report your injury. Notify your insurance company that you were injured, but do not provide specific details about the injury until you have been examined by a health care provider.
• Be careful when providing statements. Do not give written or recorded statements to the insurance company until you are sure that there will be no negative legal ramifications. If you are unsure about the legal impact that your statement may have, you are urged to contact a lawyer as soon as possible.
• Answer questions. Only answer the questions that the insurance adjuster asks. Keep your answers brief and to the point. Do not offer any information that has not been requested.
• Tell the truth. Only provide the honest facts about the accident. Do not exaggerate the severity of your injury or make dishonest accusations about the other driver. If your insurance adjuster discovers that you were lying or exaggerating the facts, they may conduct an investigation, and your claim may be denied.
• Avoid accepting an early settlement offer. Insurance companies are in the business of making money. The last thing they want to do is pay claimants large sums of money in a settlement. A common strategy insurance companies will resort to is to issue a settlement offer early on, hoping you will accept the offer. Unfortunately, these are usually lowballed offers. Once a settlement offer has been accepted, you cannot negotiate for additional compensation.

What are the Fair Claims Settlement Practices?

The fair claims settlement practices regulations were established to prevent insurance companies from engaging in deception or illegal activity aimed at delaying, avoiding, or reducing the size of a claim that a claimant is eligible to receive. Under the fair claims settlement practices regulations, insurance companies are required to do the following:

• Notify you of your entitled benefits, the coverage that your policy provides, and other provisions that could impact your claim.
• Initiate an investigation within 15 days after receiving the notice of claim and provide reasonable assistance throughout the claims process.
• Accept or deny the claim within 40 days of receiving proof of the claim.
• Pay for reasonable towing expenses unless the insurer provided you with the name of a towing company before you used another towing facility.
• Offer a fair settlement. For example, if you were in a car accident and you suffered a total loss, the settlement must reflect the value of a comparable vehicle.

If the claim is accepted, the insurer has 30 days from the date that settlement was reached to pay the claim. If the insurance company plans to pursue subrogation, which is the right of the insurance company to recover damages from a third party, they must include your deductible unless you already recovered that money.  

What if My Personal Injury Claim Involves a Government Entity?

There are several accident scenarios where you may be in the position of having to file a claim against a government entity. For example, if the accident was caused by poor road conditions, or if you were hit by a government-managed automobile, you will need to file a government claim. When it comes to filing a personal injury claim against a government entity, the timeline is much more urgent. Claims against a government entity in California must be filed within six months from the date of the accident.

It is highly recommended that you contact a lawyer who has a proven track record of reaching successful settlement outcomes in cases involving government entities. They will ensure that the necessary evidence is collected and documented as quickly as possible. If the accident could have been prevented, it is likely that the city or county will take steps to protect their interests and avoid a costly settlement. For example, they may take immediate steps to make repairs to the poor road conditions. As a result, you will no longer have access to key evidence that could affect the outcome of your case.

Los Angeles Car Accident Lawyers at ACTS Law Assist Clients with Every Step of the Claims Process

If you were seriously injured in a car accident, it is imperative that you file a personal injury claim in a timely fashion. Our Los Angeles car accident attorneys at ACTS Law will ensure that you notify your insurance company and file your claim within the statute of limitations. Our skilled legal team will protect your rights while assisting with the claims process. To schedule a free, confidential consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online. Located in Los Angeles and San Diego, we serve clients throughout Southern California.

According to the opens in a new windowCenters for Disease Control and Prevention (CDC), the number of motor vehicle-related deaths among drivers who are 65 years old and older has increased 32 percent between 2010 to 2019. The CDC also found that the fatal car accident rate per each mile traveled starts to increase at 75 years old and jumps markedly after 80 years old. This increase is most likely attributed to older drivers being more susceptible to injuries.

Many older drivers are prone to catastrophic injuries or fatal injuries for a variety of reasons. Physical, visual, and cognitive abilities decline with age. An older driver may not be able to react quickly, or they may not see a car or road condition that could cause a serious accident. Decision-making abilities may also not be as quick. In addition, older adults may take medications that could affect their driving skills.

A recent study conducted by professors at North Carolina State University suggests that computer training can reduce accidents amongst older adults. The researchers developed and tested a computer-based driver training program that is designed to help older adults detect road hazards. They found that 25 percent of the training participants had fewer unsafe incidents in the driving simulation after participating in the computer training.

Based on the positive results of the initial testing, researchers hope to make the training readily available to older adults who own a computer. In addition, other research studies are going on that may also result in computer-aided assistance for senior drivers.

What are Common Accidents Among Senior Drivers?

Older drivers tend to be involved in these types of car accidents:

• Angle-related crashes: This type of accident occurs when two cars impact at an angle. For example, the front of one car plows into the side of another vehicle at an angle. Angle-related crashes are also known as broadside or right-angle crashes. They are common at intersections that have stop signs or traffic signals, but these accidents can occur anywhere.
• Merging collisions: Merging accidents happen mostly due to vision impairments or the inability to see a car in a blind spot. A driver may try to pass another vehicle and then return to their original lane, or there may be a merging situation due to a lane closure. No matter the cause, blind spots combined with issues related to peripheral vision can cause an accident.
• Intersection accidents: Intersection accidents are common among all age groups, but they are particularly prevalent among senior motorists. Visual problems play a large part in these accidents. Often, the accident will be caused by a driver trying to turn left at an intersection. Other times, drivers fail to stop or slow at the intersection.

How can Older Drivers Stay Safe on the Road?

Nowadays, people are healthier and live longer. According to the opens in a new windowAmerican Automobile Association (AAA), by 2030, there will be more than 70 million people who are 65 years old and older, and approximately 85 to 90 percent of them will have a driver’s license.

Not every senior will get into an accident every time they drive, but statistics show that the chance of an accident increases with age. These tips may help a senior driver stay safe on the road:

• Wear a seat belt. In many cases, the older driver is experienced and will fully understand that a seat belt is necessary.
• Do not drive after drinking. Getting behind the wheel after drinking is both illegal and dangerous for anyone at any age. However, a senior driver may feel the effects of alcohol more quickly, so they need to be careful about drinking before driving.
• Limit nighttime driving. Older drivers may already be dealing with vision impairments, so driving at night will be hazardous for them. Visibility is reduced at night, and a chance for an accident rises dramatically when the sun goes down.
• Beware of medicated driving. Many older people take medications daily. Some of them may impair their ability to drive safely or react quickly. Older drivers should be aware that prescriptions and over-the-counter medications can cause drowsiness.
• Minimize distractions. It may be challenging for older adults to maintain focus on the road and the traffic around them, so minimizing other distractions is crucial.
• Stay home when there is poor weather. Poor weather conditions can reduce visibility and wreak havoc on the roads. Drivers of any age should use caution in inclement weather. If the weather is particularly dangerous, individuals should avoid driving until inclement weather passes.
• Make other arrangements. An older driver may find it beneficial to seek alternative modes of transportation. While not everyone has access to public transit, those that do may find it a viable option. Taxis, rideshare services, and carpooling are also good alternatives for seniors.

How can I Help My Loved One With Driving Retirement?

The AAA states that seniors are outliving their ability to drive safely by seven to 10 years. They recommend that people plan for their driving retirement the way they prepare for financial retirement. While some senior drivers will know when it is time to give up the keys, others do not. It is difficult to give up the freedom that comes with driving, but it likely needs to happen at some point.

Listed below are important tips to help elderly loved ones stop driving:

• Engage their doctor in the conversation about driving. Older adults may be more apt to listen to advice from a doctor rather than a family member or friend.
• Have examples for the loved one. There is no definitive age for a person to stop driving. Most people have seen an older loved one’s driving skills decline significantly. They should cite these examples to enforce their position. Sometimes, it takes a discussion about harming other people on the road for a senior driver to realize they could be a danger to other motorists.
• Have other family members get involved. It may be more impactful for several family members to participate in the discussion with the elderly driver.
• Be discreet and gentle. Driving may be one of the last vestiges of freedom for an older motorist. Asking them to stop driving can remind them of their advanced age and physical decline, so it is important to approach the topic in a sensitive and gentle manner.
• Cite their physical, cognitive, and visual conditions. Many seniors have problems seeing, making good or quick decisions, and even physical disabilities that affect driving. Kindly remind them of these and how they affect the ability to drive.
• Volunteer to drive. If an older driver has regular appointments or places they need to go to, such as the grocery store, volunteer to drive them around. If that is not possible, ask friends or loved ones to help them.
• Engage services. Some community agencies that focus on seniors have transportation services for older adults. A person can help a loved one by arranging this type of service for them.
• Contact the Department of Motor Vehicles. They may be able to help with concerns and contact the driver in question.
• Take away access to the vehicle. It may be helpful to take the keys away from the driver. While this may seem like an extreme action, it may be necessary to keep them safe.

LA Car Accident Lawyers at ACTS Law Help Victims of Senior Driving Collisions

Not every older driver will be a danger on the road, but elderly motorists can have mental or physical impairments that may affect their driving skills. If you were recently hurt in a collision that was caused by a reckless driver, contact the LA car accident lawyers at ACTS Law. For a free consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online. We serve clients throughout Southern California from our offices in Los Angeles and San Diego.