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Wednesday, June 22, 2011

Trauma and Perception

A friend called me from the scene of a crash recently. He called more as a friend than as a lawyer. He said that he had run a red light and been hit by a truck. He was ultimately taken to the hospital by ambulance. My advice to him was not to make any comment at the scene, not to admit fault and not to apologize. This advice was not based so much in the law (although it would be good legal advice). Rather, it was based on numerous investigations I have participated in after a traumatic event.

In the purest sense, perception is impacted by trauma. People often recall that "time slowed down" or that "all I could see was ....". Adreneline rushes into the bloodstream and such that catastrophically injuried people don't feel pain or don't feel it as intensley. People with compound fractures or other obvious wounds say that they are o.k.

In the not so purse sense, other drivers or witnesses may rush to distort what happened in an attempt to get your agreement or acquiecense. The best policy is not to comment until you have had time to appreciate what really happened.

In my friend's case, the other driver admitted to running the red light and several witnesses supported that he, in fact, did. It seemed to my friend that he had run the red light when, in truth, he did not. There is usually an opportunity to right a wrong or even apologize AFTER you have had time to investigate and know what really happened. Rushing to accept blame too early is almost always a mistake. blb (205)912-8248

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