If your memory of the car accident differs from your statement, it can be difficult to prove your case. There is a way to help avoid this. The sooner you write down what you remember, the more accurate your information will be. If you wait to write down your memory of what occurred for too long, you may forget important details, especially if you suffered serious injuries and property damage.
However, if you made a statement to the police at the scene and later realize some part of the statement seems incorrect, you may want to see a doctor. You may have suffered accident-related memory loss. Once you have done so, you may want to discuss your case with a lawyer.
Accident-Related Memory Loss
There are two basic types of memory loss related to accidents, including:
- Anterograde amnesia: This means that you lose your ability to form memories for a period of time after the accident and have no memory of what happened after the car accident.
- Retrograde amnesia: This means that you cannot remember what happened before the accident.
These two types of memory loss are known as “post-traumatic amnesia.” If you are unable to remember what happened before or after the accident, you may be suffering from post-traumatic amnesia.
My Statement to the Police Directly After the Accident May Be Incorrect
Even without suffering post-traumatic amnesia, you might forget important details. If your statement was taken after the police arrived, in the hospital, on the way to the hospital, or while you were being treated in the hospital, several things could have affected your ability to remember things accurately.
If your statement to the police was not accurate, and consequently the crash report was not accurate, you may want to discuss it with your attorney. An attorney can help ensure the accuracy of the crash report.
I Gave a Statement to the Insurance Agency that May Be Incorrect
There is no law that requires you to give a statement to an insurance agency after a car accident. Your own insurance may ask you for a statement, and you have the right to give yourself enough time to think about how and what you want to say. The other driver’s insurance company may ask you to give a statement or record a statement, but it is completely up to you whether to comply with the request.
Insurance agencies want to make money for their shareholders. They are not in business to make sure that you are fairly compensated for your injuries and property damage because it means that they will have to pay out money to settle your claim. The less money they must pay out, the better they fare.
Insurance companies can use what you say against you. They know how to ask the right questions to get the responses they need to decrease the settlement they have to pay. Before you agree to anything involving the insurance company, it is a good idea to speak with an attorney.
A Lawyer Can Help Bolster Your Statements with Evidence
It can be difficult to prove your side of the story is correct, especially if you are changing what you said originally. For example, you said you did not see what the other driver was doing before they hit you. However, you remember later that you saw the driver staring at their phone in your rearview mirror right before they hit you. Your lawyer can obtain cell phone records to establish your version of events.
If you tell the insurance company that the other driver was speeding but now you are not sure if this is true, your attorney can look at photographs of the scene and determine if the skid marks on the road support your statement.
Your attorney can also look at witness testimony to corroborate your version of the events and may also work with accident reconstruction experts to get more details about what happened. Your attorney will know the right questions to ask you to stimulate your memory if you are unsure about what happened. In some cases, your attorney may be able to have your original statement suppressed from the record. In that case, if you go to court, the jury is only allowed to take the newer statement into account.
Get Help from the McKenzie Law Firm, P.C. Team Today
If you have been involved in a car accident and your statement and memory of what happened are different from each other, call the attorneys at the McKenzie Law Firm, P.C. in Pennsylvania at (610) 680-7842 before the statute of limitations to seek justice for your injuries under PA § 5544. We know how to help. If necessary, we can get you in touch with a doctor that can help us determine whether you are suffering from any form of post-traumatic amnesia. If your memory of the car accident differs from your statement, call us so we can determine the true version of events and ensure all documentation for the accident reflects that.