Q: I was hit while riding my bicycle and I hardly remember it. How can I sue the driver if my memory is so blurry?
A: Do you have the driver's information? Is the driver insured? Do you have auto insurance of your own, or are a covered driver under a family policy? One way or another you can make a claim, so long as you are not contributorily negligent. Call a lawyer and go over what you do know. Accidents like this do not just happen unless somebody acted, or failed to act, in a negligent manner. There may be witnesses, police reports, nearby video surveillance cameras available, etc., as well as the statement and admissions of the driver who hit you.
A: You need to look for witnesses, and potentially sources of surveillance that could have captured the event. If Police were summoned that would be a good place to start, as well as any ambulance records, and a general canvas of the area, searching for private or public methods of surveillance. Many personal injury attorneys conduct their own investigation. It might be a good idea to speak to one.
So sorry this happened to you! Bike accidents can be very traumatic. It is not surprising that your memory is blurry.
If you don't recall the details of the accident, it will be important to see how much you can find out from other sources. Even if have areas of memory loss, if you can establish from the police report, witnesses or even the other driver that hit you what happened then you should be able to present a case.
I would recommend that you speak with an attorney who can help you answer these questions. You may want to do it quickly as some evidence may be harder to find with time.
Best wishes on your recovery.
More information is need d to answer your question. However, some things that may help your case.
You went the ER or another doctor for treatment.
How injured are you?
Were there any witnesses that you have or can get contact information for?
Did you speak to anyone about the account?
Can the driver that hit you he identified?
Was there a police report?
A consultation with an attorney would greatly help you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.