What If You Do Not Remember the Car Accident
Some clients remember almost everything about a serious collision. Others remember pieces. They remember driving toward the intersection. Then an impact. Then somebody opening the door. Or they remember waking up in the ambulance.
You may feel pressure to explain every part of the crash. It is okay to leave a gap when you do not remember.
If you do not remember something, say that.
Not remembering every part of the collision does not mean the facts cannot be established through other evidence.
Do not turn assumptions into memories
This distinction matters.
Suppose someone remembers traveling through a green light but does not remember the actual impact.
Later, a family member says:
“The other guy must have run the red light.”
After hearing that repeatedly, someone may begin describing the conclusion as though they personally remember seeing the other vehicle run the light.
Keeping what you remember separate from what others told you helps avoid confusion.
Tell me what you actually remember. Then we can investigate the rest.
Memory and proof are not the same thing
An injured person's memory is one source of information. It is not necessarily the only source.
Depending on the collision, other information may include:
- independent witnesses;
- photographs;
- video;
- vehicle damage;
- 911 information;
- police observations;
- statements made by the drivers;
- roadway evidence;
- electronic information when available.
These sources may help establish the facts independently of your memory. Keep that distinction clear when describing what happened.
When the police report includes a statement you do not remember
That requires a closer look. Sometimes a report attributes a statement to someone who has little or no recollection of making it. The report deserves careful review, including whether it accurately captures the statement and its context.
- What does the report actually say?
- Was the person being treated by paramedics?
- Was there body-camera footage?
- Was anyone else present?
- Is there another contemporaneous record?
Those are investigatory questions.
If the report includes details you do not remember, explain that distinction when discussing it with your lawyer.
It is okay to say you do not remember
You should not feel pressured to give an answer you cannot honestly provide.
If you remember only part of an event, tell me which part. If you do not remember, say so.
If something later refreshes your memory, we can discuss what refreshed it and why.
An accurate account, with its limits clearly explained, is more useful than a confident guess.
Do not diagnose the reason for the memory problem yourself
Incomplete recollection surrounding a serious collision can have different causes. Medical professionals should evaluate that question.
The legal investigation focuses on a different question:
What does the client remember, what does the client not remember, and what independent information exists?
Medical care and the factual investigation each have their own role.
The goal is not a perfect story
When somebody hires me after a serious crash, I am not looking for the client who remembers every second perfectly. Human beings do not experience traumatic events like video cameras. Your account can be useful even when it is incomplete.
If the answer is:
“I remember seeing the intersection. I remember entering it. I don't remember the impact.”
That gives us a starting point and identifies what testimony we actually have. Then I can start looking for the information that may answer the remaining questions. That is a much stronger place to begin than asking the client to guess.
If you or a family member was seriously injured in an Illinois collision and cannot remember parts of the crash, Duran Law Offices can investigate the available evidence and help establish what happened.
Call 312-300-0473.
From our Chicago office, we represent seriously injured people across Illinois.