Can I file a claim if I can’t remember how my truck accident happened?

Man Struggling to Remember His Car AccidentIn Virginia, you are still entitled to compensation for your injuries caused in a commercial truck collision, even if you cannot remember how the crash occurred. You can use other evidence to prove that the truck driver’s negligence was the cause of the accident.

Reasons for Memory Loss After a Truck Crash

There are several reasons victims do not remember how their truck accident happened. The emotional trauma of being in a terrifying truck collision can cause a person’s brain to shut down to avoid dealing with the memories of what happened—especially if someone suffered catastrophic injuries or was killed.

Victims also might not remember their truck accident if they suffer a traumatic brain injury (TBI). A common symptom of a TBI is memory loss. Even a concussion can prevent a person from remembering how the truck collision occurred.

Types of Evidence to Collect if You Cannot Remember the Truck Accident

You can collect other evidence to prove how your truck crash occurred and that the truck driver was the negligent party. Types of evidence that can help you include:

  • Police report. A police report can provide valuable information, such as the details of how the accident occurred, the truck driver and witness statements, the officer’s conclusions as to who was at fault, and whether any traffic citations were issued.
  • Eyewitness statements. Eyewitnesses can give a written statement and testify in court if necessary about how the trucker caused your crash. Third-party witnesses who have no stake in the outcome of your case can be especially persuasive witnesses.
  • Photos. Photos of the damage to the truck and your vehicle can help a knowledgeable truck accident attorney or an accident reconstruction expert determine the cause of your wreck.
  • Black box data. The truck’s black box data can contain helpful information, such as the truck’s speed, braking, and steering.
  • Surveillance video. A traffic camera or business surveillance camera may have recorded your collision. You need to obtain the footage as soon as possible before it is destroyed or taped over.
  • Accident reconstruction expert. An accident reconstruction expert can review all the evidence and determine the cause of the crash. They may also be able to create a computer-generated reenactment of the collision to show to the jury.

Were you injured in a truck crash caused by a negligent truck driver in the Virginia Beach or Norfolk areas? Our experienced truck accident lawyers are here to collect the evidence you need to win your case and fight for your right to damages for your injuries—even if you do not remember how your crash occurred. Schedule a free consultation to learn more about your options and how we can assist you by calling our Norfolk office at 757-265-1214 or filling out our convenient online form.