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Can I still win my case if my memory of the accident now conflicts with things I might have said at the time of the accident?

Most people who are involved in car accidents often say things that are inaccurate, especially if they have sustained injuries and due to the lengthy negotiations with the insurance adjusters. However, for your claims to be successful, you should avoid as much as possible to create discrepancies. To avoid such mistakes, ensure that you write down everything about the accident as soon as possible after the crash. You can refer to that document later.

If you have a conflicting memory of what happened during the crash, your attorney can help you. There are four major things that can prove fault in a car accident and they include:

Physical evidence
Credibility of each driver
Police report
Neutral statements by witnesses
Physical Evidence

Physical evidence means hard evidence and not testimony. The necessary physical evidence should include that of the vehicles involved in the accident and the crash scene. Hard evidence is evaluated in trial by using photographs, and these pictures are worth more than testimonies.

If the evidence you or your attorney present in court indicates that the other driver is at fault, their story won’t matter, and the jury will highly consider your testimony. In general, when the evidence presented favors the plaintiff, the defense attorney has to settle the case to favor the plaintiff. However, if the evidence favors the other driver, your attorney will advise you to take a modest settlement to end the case.

Take Images Immediately After the Accident

If you can, ensure that you take clear pictures as soon as possible after the crash. You can use your phone or camera to take images of the accident scene and both cars from different angles. Consider also walking down the street from which the other driver came from and take images of the stop sign, intersection, and skid marks on the tarmac. Take a picture of the other vehicle’s debris if there are any. In case you had any passengers, take their images standing at the points of the collision.

If you are unable to take pictures after the accident, you can request witnesses to take pictures of your car and the intersection, and also before you get your vehicle repaired.

Credibility of Each Driver

Credibility also means trustworthiness. In case the other driver that caused the car crash says that you were at fault, but they aren’t credible, the jury won’t believe them. Some of the key factors that often affect the jury’s verdict about credibility include:

If the other driver has a criminal record
The driver’s attitude and demeanor
If the version of the other driver on the events of the accident are plausible
If the other person seems to be lying
Police Report

Almost all states around the country require that the police be involved in car accidents that cause property damage or bodily injuries that may exceed $400 or $1,000. However, in case your vehicle gets damaged, or you suffer bodily injuries where you believe that it was the fault of the other driver, ensure that you get it in record as soon as possible by contacting the police and informing them on what happened. Even if you had said something different, the police will have assessed the accident scene and recorded the events of the crash.

Remember, police officers can go both ways as official and neutral witnesses, and jurors often tend to believe their statements. Therefore, whatever the police write about you and the other driver is most likely what the jury will believe. This means that you should try and explain everything that happened carefully and clearly to the police so that they can preserve it in their report.

Neutral Statements by Witnesses

In almost all car accidents, the jury considers both parties (plaintiff and defendant) as biased witnesses because they are aiming to prove each other faulty. However, neutral witnesses don’t have anything at stake in your case, and they can be very helpful during a trial. Juries often believe testimonies provided by neutral witnesses, but only if they are credible. Therefore, it is always advisable to try and document the names, contact numbers, and addresses of anyone who you may think has witnessed the accident, or who might have noticed the other driver’s actions that eventually led to the accident.

In case the other driver gives a testimony in court stating that you were at fault, but three or more neutral witnesses testify that the accident was caused by the other driver and happened as you now recall, and not the way the other driver has testified, then you stand a high chance to win the case and get a fair compensation.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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