If you cannot remember how your car crash occurred, our San Diego car accident lawyer explains that you can still file a claim with the at-fault motorist’s insurance company. However, it may be a little more challenging to prove your case.
Why You May Not Be Able to Remember the Details of Your Auto Collision
Some car accident victims cannot remember how their crash occurred. There are a number of reasons why they may have no recollection of the collision.
Common Reasons Why Car Accident Victims Can’t Remember the Crash
- Trauma. Being in an auto crash can be a terrifying experience. In this situation, the brain can shut down and block the memories of what occurred. This is more likely if the victim suffered serious injuries or someone was killed in the collision.
- Traumatic brain injury. If a person suffered a traumatic brain injury (TBI)—even a mild concussion—in the wreck, they could suffer from memory loss and other debilitating symptoms, such as problems with mobility, concentration, speech, and more if their TBI is serious.
- Intoxication. If the victim was intoxicated due to drug or alcohol use, this could affect their ability to remember the details of the crash.
- Cognitive issues. If an individual has a mental health condition, dementia, or Alzheimer’s, it could affect their memory and make it difficult to know what caused their car accident.
How to Prove the Cause of an Auto Accident When You Cannot Remember How it Occurred
In order to be entitled to compensation for your injuries, you must prove that the other driver’s negligence caused the wreck. Fortunately, there are other types of evidence you can use to prove their negligence if you cannot recall how the other motorist’s unsafe driving caused it.
It is always a good idea to retain a skilled car accident lawyer as soon as possible after your collision—it is even more crucial if you do not remember the crash. They will conduct a thorough investigation into the cause of your accident and will collect evidence that can help win your case.
Evidence That Can Help Win Your Car Accident Case
- Police report. A police report will contain valuable information on the details of how your crash occurred, driver and witness statements, and the officer’s conclusions as to who was at fault in causing it. If the other motorist was issued a traffic citation or arrested for drunk driving, this would be noted on the report too.
- Pictures. Photos of the crash scene, damage to vehicles, and your injuries can be compelling evidence to show the jury if your case goes to trial and can help your lawyer and an expert determine how the collision occurred.
- Eyewitness statements. If there were eyewitnesses to your car accident, they could be extremely helpful in proving how the crash happened, especially if they are neutral witnesses who do not know you and have no stake in your claim.
- Black box data. Your attorney may decide to obtain the black box data for the vehicle that struck your auto. It can contain important information, such as the vehicle's speed, steering, braking, and more.
- Traffic and business surveillance camera. If a traffic or business surveillance camera recorded your collision, you need to let your lawyer know this immediately. They will want to obtain the footage right away before it is taped over.
- Accident reconstruction expert. An accident reconstruction expert can be helpful if you do not recall the details of your wreck or the insurance company disputes who caused it. They can examine all the evidence and create a computer-generated re-enactment showing how it occurred.