Can Text Messages Be Used in a Car Accident Case?
Car accident cases range from fender benders where liability is clear to major accidents where both drivers point the finger at the other. Ideally, the at-fault motorist will quickly admit fault for your collision, and you can easily submit a claim on their liability insurance. Sadly, many motorists experience prolonged, difficult negotiations where fault is in dispute.
All kinds of evidence can be used to prove fault. Witnesses and dash cam video are some of the most common. However, any statement you make can also come into play in a car crash, including text messages. Call Snyder Heitman, LLC, to talk about your accident with a trained, experienced attorney.
Relevant Messages Are Admissible in Your Case
The other side might seek to look at text messages because these messages can sometimes be relevant to a car accident claim.
For example, you might talk about your medical condition with friends and family via text. The other side might check whether you are minimizing the pain you feel in the messages. If so, they can use these statements to undermine your testimony that you are struggling with painful disabilities.
Often, people use text messages to talk about their accident. You might have even immediately texted a family member or friend following the crash. These texts could contain admissions that you are at fault, were tired, or drunk during the crash. These text messages are relevant because they help establish fault for the accident.
Should You Delete Messages?
No. That is the last thing you should do. Deleting a text message could be used to prove you were at fault. After all, you wouldn’t delete a message unless it was incriminating.
Instead, let your lawyer know if you messaged anyone via text to talk about the accident or your injuries (or both). Your lawyer can review these messages to determine if they are relevant. Often, these communications are no big deal.
The other side usually needs to involve the courts to gain access to your electronic communications, including text message. Many insurers skip this step. Instead, they rely on other evidence to reconstruct what happened.
Our policy as car accident lawyers is to avoid offering up evidence on a silver platter. Instead, we make the other side work to prove our clients were also negligent and share fault for an accident.
Why Should You Hire Snyder Heitman?
Our goal in every car accident case is to fully understand the facts. We want to know when the accident happened and where. We also want to know what happened in the lead up to the collision.
Often, drivers hide the fact that they were responsible for an accident. The other driver could have been talking on the phone, or they were so tired they could not drive safely. Although it’s easy for them to blame our client for the accident, we also seek the truth.
Contact Us for a Free Consultation
Car accidents leave thousands of people injured each year in South Carolina. Call to speak with a Greenville car accident lawyer at our office about what steps to take. We represent those in Upstate South Carolina, Spartanburg, and nearby communities.