Can’t remember what happened in a car accident? Not remembering what happened is a symptom of a Traumatic Brain Injury (TBI), which results in amnesia. It’s normal not to grasp the details of a traumatic event, but memory loss means you have suffered a brain injury.
According to a study published on ResearchGate, road traffic accident injuries are the most common cause of TBIs. Despite this, little is known about how prevalent psychiatric problems are in the aftermath of these impacts.
Memory loss is terrifying, and it can cause problems when trying to claim compensation. In this guide, we’ll discuss what happens if you can’t remember what happened in a car accident and why.
Key Takeaways
- Car accidents can result in memory loss that may last for a few minutes or a few weeks because of the damage caused to the brain.
- Memory loss is the side effect of a traumatic brain injury, with an estimated one in five survivors experiencing one of these injuries. In all cases, memory loss necessitates immediate medical attention.
- Various types of memory loss exist, caused by the brain entering fight-or-flight mode, which prevents it from forming new memories.
- Memory loss symptoms can arise as physical, cognitive, and behavioral. Being aware of symptoms is vital for ensuring early intervention.
- Although memory loss is a serious side effect of brain injuries, it’s not necessarily a permanent condition, and your memory may return in time.
- You’re entitled to file a personal injury lawsuit for memory loss. Additionally, speaking to an accident attorney enables you to gather evidence, understand your rights, and pursue your claim.
Can a Car Accident Cause Memory Loss?
Car accidents can cause memory loss as a side effect of experiencing a brain injury. The blunt force trauma to the skull can result in the impact reverberating through to the brain, causing permanent damage.
According to the National Institutes of Health, TBIs from car accidents result in an estimated 218,936 visits to the emergency room. Sadly, 16,402 people eventually passed away due to their injuries.
All types of memory loss are different, but we can look to professional sports for examples of how violent collisions to the head can cause memory loss. Concussions are commonly associated with memory loss, which is part of the reason the NFL settled for $1.2 billion with 1,600 former players and their families.
Beyond memory loss, we can see from former players how these brain injuries increase the likelihood of experiencing degenerative conditions later in life, including dementia, Alzheimer’s, and Parkinson’s Disease.
Car accidents are no different. Violent back-and-forth motions of the head or your head colliding with the dashboard or steering wheel can damage the brain inside the skull.
Is Memory Loss Following a Car Accident Normal?
Memory loss isn’t a natural result of a car accident. Any type of memory loss is a sign of a brain injury and requires immediate medical attention. Oxford Academic found that 20.2% of casualties experienced a traumatic brain injury after a road traffic collision.
If you experience any form of memory loss, you must schedule an appointment with your doctor. Early diagnosis of brain injuries enables the intervention that can prevent permanent brain damage.
According to the U.S. Centers for Disease Control (CDC), there are an estimated 190 deaths from TBIs daily, making it one of the most serious killers in the country. However, you might ask whether you can recover from what is essentially damage to the brain.
Depending on the severity of your TBI, Flint Rehab finds that a full recovery from many brain injuries is perfectly possible. The body has a remarkable ability to heal itself, and the brain is no exception. On the other hand, they caution that it can take several years of dedicated treatment to achieve a full recovery.
Why Can’t I Remember What Happened in My Car Accident?
Traumatic brain injury isn’t the only reason you can’t remember what happened after a car accident. During traumatic incidents, your brain enters survival mode, meaning your mind wasn’t creating memories at the time, so the memory of the accident was simply never there to begin with.
In an interview with Scientific American, clinical psychologist Javier Rodriguez Escobar explains:
“The normal thing is that the person doesn’t remember the moment of the accident or right after. That’s because the mind and body enter a more alert but also more stressed state, with trade-offs that can save your life but harm your mind’s memory-making abilities.”
In a nutshell, your brain regresses into a basic fight-or-flight response, thus shutting down all other functions.
We already know that excessive amounts of adrenaline being pumped into the body to help you survive and find an escape route destroys your ability to store memories. You’re blocking out non-relevant information to focus and survive.
It’s this effect that means it’s not just car accident victims that don’t remember what happened to them. Anyone who’s been through a traumatic event may experience the same thing.
However, that doesn’t make post-accident memory loss normal, either, and the fact you can’t remember shouldn’t be dismissed as a natural result of going through a traumatic event. In some cases, certain memories might even crop up days or weeks later.
Types of Memory Loss
Car accident victims may experience different types of memory loss, depending on the accident. These are split into three different types of amnesia: anterograde, post-traumatic, and retrograde. Each has its own symptoms and implications.
Here’s a rundown of the three types of amnesia you might experience after an accident:
- Anterograde Amnesia – Anterograde memory loss is the most common type of memory loss. You’ll lose your ability to store memories for a period of time, which varies from person to person. This is when you don’t remember what happened after the collision. You might also struggle to focus, forget what you’re doing, or find yourself confused.
- Post-Traumatic Amnesia – Post-traumatic memory loss is where you can’t remember what happened after the crash. It’s like blacking out because you might remember everything up to the point of the accident but then wake up in a hospital bed with no idea how you got there.
- Retrograde Amnesia – Retrograde memory loss is where you can’t remember what happened in the events leading up to the crash. In many ways, it’s the most sinister type of amnesia because you might be unable to remember life events, the faces of loved ones, and even your own name.
If you experience these conditions, the correct treatment is usually time. As the Cleveland Clinic outlines, there’s no medication or direct treatment for amnesia. What we do know is that treating the condition that caused the amnesia is the best way forward.
The good news is that most people fully recover in the days and weeks afterward, but the longer the amnesia endures, the lower the chances of making a complete recovery.
What are the Symptoms of Memory Loss?
Common symptoms of memory loss include being unable to remember what happened, but also issues like lack of concentration, an inability to focus, bouts of confusion, depression, and mood swings.
Some victims often don’t realize they have a brain injury at all. It’s also vital to remember that brain injuries are incredibly complex, meaning there could be multiple issues at play. Generally, brain injury symptoms can manifest as physical, cognitive, or behavioral.
Here are some examples from each category:
- Physical Symptoms – Headaches, seizures, muscle spasms, paralysis, speech problems.
- Cognitive Symptoms – Problems concentrating, depth perception, memory loss, and communication problems.
- Behavioral – Anxiety, depression, mood swings, low self-esteem, and fatigue.
As you can see from the fact that memory loss is a cognitive symptom of a brain injury, your memory loss isn’t the problem itself but the symptom of a brain injury. That’s why memory loss is never something you should dismiss as an inevitable part of a serious car crash.
Can I Sue for Memory Loss After a Car Accident?
Car accident claims encompass any form of loss you experience as a result of your accident. Memory loss enables you to sue for economic and non-economic losses, including medical bills and pain and suffering.
Your auto insurance company may refuse to pay or cut off your benefits relating to your memory loss after a car accident. If this happens, you’re perfectly entitled to take legal action through an Austin car accident lawyer to recover your losses. Here are some examples of the compensation you can claim:
- Medical bills
- Future medical costs
- Lost wages
- Lost earnings potential
Additionally, you can sue the at-fault driver to gain compensation for your pain and suffering. Key to these claims is proving that the other driver was at-fault and your injuries resulted from their negligence. In some cases, you can even sue the at-fault driver for other economic damages, including lost wages and excess medical costs.
For example, if you were involved in a no-fault accident and you experienced long-term retrograde amnesia where you can’t remember who your spouse or children are, you could sue for loss of companionship or loss of quality of life.
If you were unable to regain your focus and concentration, which prevented you from returning to work, you could also sue for lost wages and your lost career earnings potential.
It’s more common than you think to find yourself in this situation, with the National Institutes of Health reporting that 10-20% of auto accident survivors experience ongoing psychological and emotional trauma.
Legal Steps to Take After a Car Accident Involving Memory Loss
Anyone experiencing memory loss after a car accident is entitled to hire a personal injury lawyer and file a claim. Depending on whether you live in an at-fault or no-fault state, you may be filing against your auto insurance provider, the at-fault driver’s insurance company, or filing a direct lawsuit against the driver themselves.
What you do after an accident is critical to the outcome of your case and determining whether you claim the full value of your losses. Take these steps after your accident:
- Seek Medical Attention – Every minute counts when it comes to a brain injury. Get an immediate diagnosis and begin your treatment plan. Your health is the first priority.
- Collect Evidence – Collect as much evidence as possible. With memory loss, this may not have been possible at the accident scene. However, your lawyer can still help you access evidence like traffic camera footage, police accident reports, and eyewitness testimonies.
- Consult an Attorney – Call an attorney who can guide you through the process. They’ll protect your interests and ensure you understand your legal rights. They’re your advocate to ensure you get the full settlement you deserve.
Taking these steps ensures that you put yourself in the best possible position to recover from your brain injury and maximize your final compensation award.
Does Having Memory Loss After a Car Accident Stop Me From Claiming Compensation?
Memory loss isn’t a barrier to claiming compensation for a car accident that wasn’t your fault. However, memory loss may complicate a claim because you might be unable to recall key details.
Although you can’t provide your own statements as to what happened when suffering from amnesia, your lawyer can work to prove the severity of your condition with the help of your medical team. Additionally, they can gather objective evidence through other channels. These may include:
- Your state’s traffic police.
- Traffic cameras
- Eyewitness reports
- Testimonies from passengers
- Expert witnesses, such as accident reconstructionists
- Your doctor
What type of evidence should you get if you can't remember what happened?
Texas is a fault state, meaning that a motorist who causes an accident must pay out compensation. Typically, victims will submit a claim to the at-fault driver’s insurer, who will pay to cover damage to the vehicle, medical records and expenses, and lost wages.
But what happens if you were knocked unconscious or can’t otherwise remember the details of the car crash? Fortunately, your testimony is not vital for establishing fault (though it is obviously helpful if you could remember details). Instead, you can establish fault using other methods, such as the following.
Surveillance Video
Many businesses have cameras pointed toward parking lots and the streets that cross in front of the store. If the accident occurred in this area, then you should check with the businesses to see if their surveillance video captured the accident. You can then use the video to prove another driver was at fault.
Dashcams
In some countries, insurers strongly encourage drivers to have dashcams installed. These cameras, installed on the dashboard, can help show what happened in front of the vehicle in the moments before a collision. Obviously, dashcams have limitations, since they cannot show what happened behind you. But if someone T-boned your car in an intersection, then the camera will at least show that you were not running a red light before the accident.
Recently, ABC 13 did a news segment on dashcams, which drivers believe can provide peace of mind. If you want to install a cam in your own vehicle, then you should expect to spend around $80-150. There are many different models, so you should search around.
Eyewitness Testimony
Someone might have seen the accident and could testify as to how it unfolded. This witness could be a bystander standing on the sidewalk or it could be a passenger in either your vehicle or another vehicle. Any witness can talk to the insurance companies and convince them of which driver is at fault for the crash.
It’s important after a crash to gather witness contact information. Also get their phone number or email address so that you can get in touch with them later.
Physical Damage
Sometimes the damage on a vehicle will yield important clues about how the accident occurred and who is at fault. For example, if someone smashed into your rear fender, then chances are they are responsible for rear-ending you. Even if you stopped suddenly, trailing vehicles are supposed to give themselves enough of a cushion so they don’t slam into your trunk when you hit the brakes.
Car Accident Memory Loss FAQs
What medical treatment is available for memory loss from a car accident?
Treatment for short and long-term memory loss after a car accident begins with detailed testing. Once your doctor has a better understanding of your symptoms and the damage to your brain, you may be given therapy and medications.
There’s no set pattern or guaranteed outcomes for recovering from memory loss or any brain injury. Whether your memory returns, when it returns or in what state it returns varies based on the person. However, in all cases, prompt medical treatment is essential for getting the best possible recovery outcome.
How long will Post-Traumatic Amnesia last?
Memory loss duration varies from person to person. Your amnesia may last a few minutes after the accident, a few hours, a few days, or longer. Most car accident victims go on to regain their memories, but a minority may continue to experience the aftereffects of amnesia for months.
The medical trade has used medication to attempt to improve the condition, with some degrees of success, but there’s no direct cure for amnesia. Unfortunately, no medical professional can provide an accurate estimate of how long amnesia might last.
Does car accident memory loss cause long-term cognitive decline?
Car accident survivors may see a decline in their cognitive function as time goes on. It’s a typical result of head trauma that can lead to an impairment in your daily activities or serious cognitive diseases.
The risk of developing Alzheimer’s and other conditions increases significantly in people who have experienced head trauma from auto accidents.
