When a motor vehicle accident occurs, the police officer usually arrives at the scene of the accident and is able to take statements of the drivers and, if available, witnesses who might have observed the accident.  But, how is liability determined when an injured driver sustains a head injury and does not recall what happened and there are no witnesses to the accident?

It is important to send notice to the other vehicle’s insurance carrier requesting that they preserve the vehicle.  With today’s technology engineers can reconstruct the accident scene. The impact to the vehicles is a critical element to the reconstruction.  Therefore if the vehicles have not been altered after impact, they possess important clues to determining the liability of the parties.