‘You need an expert who can reconstruct the accident’
A If you are unable to remember the accident it will cause some difficulties but that does not mean you will not potentially be able recover some compensation. There appears to be some discrepancy between the witness evidence and this needs to be considered carefully. Speed is a difficult thing for witnesses to measure and courts take witnesses accounts on speed very cautiously. What your solicitor should have done, and it is unclear from your query whether he has or not, is seek to obtain evidence from an accident reconstruction expert. This expert will consider all the witnesses statements, the damage to the vehicles and the accident scene in order to try to accurately determine what speed you and the other driver were travelling at, for how long you would have been visible to the turning vehicle while you were overtaking and the expert will then try and recreate the accident as best he can.