Yes, you still have a right to compensation for your injuries if you cannot remember how your auto collision occurred if a negligent driver caused it. However, you may need to collect additional evidence and fight harder with the at-fault motorist’s insurance company to obtain a fair settlement from them.
Why You May Not Be Able to Remember How Your Car Accident Occurred
It is common for auto crash victims to not remember how their collisions occurred. There are several reasons that could cause them to not remember it:
- Brain injury. If a person suffered a traumatic brain injury or concussion in the accident, this can affect their memory—sometimes permanently.
- Trauma. If a victim experienced emotional trauma and terror from being in the car crash, their brain could block out memories of how the accident occurred.
- Substance abuse. Someone who was intoxicated may not remember the details of the auto crash because the drugs or alcohol consumed may have affected their memories.
- Health issues. If the victim has Alzheimer’s, dementia, or other health problems affecting their memory, this could impact their ability to remember how the wreck happened.
Evidence That Can Help You Prove Your Case
If you cannot remember how your car accident occurred, you can collect other evidence that proves that the other driver—and not you—was at fault in causing the crash. It is best to retain an experienced car accident attorney right away. They will conduct a thorough investigation into the cause of your collision, and they know what evidence is needed to convince the insurance company of their liability to compensate you. Helpful evidence can include:
- Police report. The police report will contain information on how the accident occurred, the officer’s conclusions as to who was at fault, and whether any traffic citations were issued.
- Eyewitnesses. Eyewitnesses to the collision can provide written statements and testimony that can help you establish that the other driver was the negligent party. Their statements will be especially persuasive if you do not know the witness and they have no personal stake in your claim.
- Black box data. The black box in the vehicle could provide you with important information about the vehicle’s speed, acceleration, braking, seat belt use, and airbag deployment at the time your crash occurred.
- Surveillance video. A security camera from a nearby business or a traffic camera may have recorded your auto accident as it occurred. Your attorney will need to act quickly to obtain the footage before it is taped over.
- Photos. Witnesses to the crash or the police may have taken photos of the damage to the cars, the crash scene, and your injuries that can be helpful in proving what caused your collision.
Were you hurt in a car accident that was not your fault? Do not let your memory loss stop you from pursuing the compensation you deserve for your injuries. Call our Roswell office or fill out our online form to schedule your free consultation today to learn how we can assist you.