I was involved in a motor vehicle accident. It is not clear from the position of the vehicles after the accident if I crossed over to the other side of the road or the other vehicle did. I do not remember the accident. I have amnesia. Do I have a claim?
Probably not. You have stated that it is unclear from any forensic evidence whether you crossed over and caused the accident or the other driver crossed over and caused the accident. Thus the only evidence a jury would consider would be your story and the story of the other driver (assuming they are not suffering from amnesia like yourself). So if the other driver says the accident is your fault, then you will lose the case.
There is very little precedent for this type of claim, but the law does not favor the amnesiac. If you can prove by clear and convincing medical evidence that your amnesia was as a result of the other driver’s negligence (not as a result of some unrelated neurological condition), then a jury has “greater latitude” to infer from other evidence that the other driver was negligent. See Sawyer v Dreis & Krump Mfg, 67 NY2d 328, 502 NYS2d 696 (1986). A physician must testify that the accident caused your amnesia.
In the context of your case, this “greater latitude” means very little. You have explicitly stated that the forensic evidence helped neither driver. Thus, you will have nothing to argue to a jury that the other driver caused the accident. If there was some forensic evidence that could have been argued in your favor. then possibly you could try the case and ask for a special amnesia jury instruction. But your chances of winning are not very good.
By James Santner, Esq.
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