What Do I Do If My Memory of the Car Accident Differs from My Statement?
- Zanes Law Web Team
- January 14, 2020
If you were in a car crash and your memory of the car accident differs from your statement in Phoenix, AZ, then you are not alone.
We recommend speaking to an attorney before giving a statement to anyone, whether it is a representative of an insurance company, police officer, or professional. If you have already given a statement and now believe that some or all of the statement you gave was inaccurate, a lawyer can help you navigate the process of changing your statement.
How A Lawyer Can Help
If your memory of the car accident differs from your statement in Phoenix, AZ, a lawyer can help you understand the legal ramifications of changing a statement related to the crash you were in, as well as the risks and rewards of doing so. You are not the first person to have a change in memory of how an accident occurred. An attorney can help you determine your legal options.
A lawyer can be especially helpful if you believe that another motorist was at fault for the accident. They can help by:
- Connecting with you in person or over the phone to discuss your accident, including your recollection of how the accident occurred versus the statement you previously gave to police or insurance companies
- Documenting any available evidence of injuries you have sustained, including X-rays, scans, tests, and medical bills
- Initiating any necessary legal action to ensure that you abide by the statute of limitations for a personal injury lawsuit (generally two years from the date of the accident in Arizona) should you choose to bring a lawsuit
- Ensuring that your rights and freedom are protected throughout the legal process
Another Motorist’s Dangerous Driving May Make You Eligible for Compensation
Whether you are able to re-issue your original statement or not, the circumstances of your car accident could mean that another motorist is responsible for your losses. There are several common behaviors that increase the risk of a driver, passenger, and pedestrian being seriously injured. Some of these include:
- Speeding, which is the most common driver violation in Arizona, according to the Arizona Department of Transportation
- Changing lanes abruptly or without signaling
- Failure to check blind spots prior to making a lane change
- Failure to yield or check for oncoming traffic
- Driving while drunk or under the influence of drugs
- Engaging in the many forms of distracted driving, such as texting, making a phone call, eating, drinking, messing with the car’s entertainment system, or giving attention to pets while driving
- Driving too slowly
- Braking abruptly when not necessary
These are just a few of the many ways that drivers regularly put others at risk. If another motorist engaged in these or any other dangerous driving activities, they may be found negligent if you bring a personal injury claim.
Proving Negligence in a Motor Vehicle Collision
Every motorist on Arizona’s roads owes other drivers, pedestrians, and passengers a duty of care. This duty of care states that nobody shall put others at an unreasonable risk of harm or they become legally responsible for the damage that they contribute to or cause.
A lawyer handling your case will attempt to prove the defendant was negligent by:
- Establishing that they did, in fact, owe you a duty of care
This duty of care is a written law and applies to anybody who gets behind the wheel of a car.
- Showing and identifying that the defendant breached their duty of care.
If the defendant engaged in any number of dangerous driving behaviors, they may have exposed you to an unreasonable risk of harm and, in doing so, breached their duty of care.
- Establishing causation between the breach and your injuries
If you sustained injuries in the accident, and the defendant acted dangerously, a lawyer may be able to link both incidents to show causation.
- Calculating and asking the court for damages
Drivers who put others at an unreasonable risk of harm may be held financially responsible for their victims’ losses. Under Arizona’s comparative negligence statute, you may be eligible to collect damages even if the court finds that you contributed to the accident in some way.
Do Not Wait To Call A Lawyer
If your memory of the car accident differs from your statement in Phoenix, AZ, call us immediately to reconcile your memory and previous statements. Our legal team can help you initiate any legal action necessary to pursue justice. Call our team at Zanes Law today at (602) 999-9999 to discuss your case.
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