Yes. Public posts can be found and used to argue your injuries are not serious, and in a lawsuit relevant posts can be requested in discovery. Do not post about the crash or your activities, and do not delete anything, because destroying evidence can be sanctioned.
Insurance adjusters and defense lawyers check social media. A photo at a party, a vacation check-in, or a post saying you are feeling better can be used to argue that your pain is exaggerated, even if the photo was taken on a good day or before the crash.
In a lawsuit, the reach is wider. Texas Rule of Civil Procedure 192.3 allows discovery of any matter that is not privileged and is relevant to the case. Posts, photos, and messages that bear on your injuries or activities can be requested, and private settings do not automatically protect them.
Do not delete posts. Once a claim is likely, a party has a duty to preserve relevant evidence. The Texas Supreme Court set out the framework for spoliation, the destruction of evidence, in Brookshire Bros. v. Aldridge (2014), and a court can respond with remedies that include a jury instruction against the party who destroyed it.
The safest course is to stop posting about the crash, your injuries, your treatment, and your physical activities until the case is over. Ask friends and family not to tag you or post about the crash. Do not accept new friend or follow requests from people you do not know.
Video posts are especially risky. A short clip of you lifting a child, dancing at a wedding, or carrying groceries can be played for a jury without the context of the pain afterward or the days you could not get out of bed. Even if the activity was harmless, it becomes an argument you have to answer.
Online reviews and comments are covered too. Posting about the other driver, the insurer, or the crash itself can create statements you will be asked about later. If you need to vent, talk to your lawyer instead.
Remember that recovery is real progress, not a weakness in your case. The goal is not to hide that you are getting better, but to make sure the record of your recovery comes from your doctors rather than from snapshots online.
If you have already posted something, tell your lawyer rather than deleting it. Owsley Law Firm reviews these issues with clients at the start of every case and charges no fee unless it wins.
What to do, step by step
- Set your accounts to private.
- Stop posting about the crash, your injuries, or physical activities.
- Do not delete anything; tell your lawyer about posts that concern you.
- Ask family and friends not to tag you or post about the crash.
Dating apps and professional networking profiles are included. A profile that lists hobbies like running or weightlifting, or a job update about returning to full duty, can be cited by the defense. Review your profiles with your lawyer and leave them alone rather than editing them after the crash.
Fitness trackers, ride-sharing receipts, and location data can raise the same issues as posts. Anything that shows your activity level or where you were may be requested if it is relevant to your injuries. Keep using them normally, but do not delete data or accounts while the claim is open.
A lawyer can sometimes use social media too. Posts by the other driver, witnesses, or a commercial company can be evidence of what happened, such as a driver posting from the road. Those posts should be captured early before they are taken down.
Context is often lost online. A smiling photo at a child’s birthday says nothing about the pain afterward, but an adjuster may present it that way. Not posting avoids the argument entirely.
Messages can be discoverable too. Private messages about the crash or your recovery may be relevant, so treat them with the same care as public posts.
Related questions
Are private accounts safe?
Private settings reduce what an adjuster can see, but they do not prevent discovery of relevant content in a lawsuit.
Can I post after the case ends?
Yes. Once the case is resolved, the concern ends.
What if someone else posted a photo of me?
Tell your lawyer. Do not ask the person to delete it without advice.
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