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.

 

One of the worst things someone can do in that situation is try to fill in the missing pieces because they think they are supposed to have an answer.

If you do not remember something, say that, “I don't remember” is not the same thing as “I don't know what happened.”

It means we may need other information to help determine what happened.

 

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, it can become very easy for someone to unconsciously start speaking as though they personally remember seeing the other vehicle run the light.

That creates a credibility problem.

Tell me what you actually remember.

Then let us 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

 

None of those things should be used to manufacture a memory the client does not have.

They are used to determine whether the facts can be established independently.

 

What If the Police Report Says Something You Do Not Remember Saying?

That requires a closer look.

Sometimes a report attributes a statement to someone who has little or no recollection of making it.

I do not immediately assume the report is wrong.

 

I also do not automatically assume the report perfectly captures the statement or the context.

Instead, I want to know:

• 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.

What I do not want the client doing is suddenly claiming a detailed memory merely because the report says something favorable.

 

“I Don't Remember” Can Be the Most Accurate Answer

Lawyers sometimes make witnesses nervous about saying those words. I do not.

If you truly do not remember, tell me.

If you remember part of an event, tell me which part.

If something later refreshes your memory, we can discuss what refreshed it and why.

There is nothing sophisticated about pretending certainty where none exists.

In fact, that can make an otherwise strong case weaker.

 

Do Not Diagnose the Reason for the Memory Problem Yourself

A person may have many reasons for incomplete recollection surrounding a serious collision.

I am not going to diagnose which one applies.

That belongs to medical professionals.

From the legal side, I care about something more basic:

What does the client remember, what does the client not remember, and what independent information exists?

That keeps the medical issue where it belongs and the factual investigation where it belongs.

 

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.

I want an accurate witness.

If the answer is: “I remember seeing the intersection. I remember entering it. I don't remember the impact.”

Fine. Now I know 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.

 

Injured in a Serious Illinois Collision?

If you or a family member was seriously injured in an Illinois collision and there are parts of the crash you cannot remember, Duran Law Offices can investigate what can be established without asking you to invent details you do not have.

 

Call 312-300-0473.

Duran Law Offices represents seriously injured people across Illinois from our office in Chicago.