According to the Centers for Disease Control and Prevention (CDC), older drivers, particularly those aged 75 and over, have higher death crash rates than other drivers. The CDC also asserts that age-related declines in eyesight, cognitive functions, and other physical changes, can adversely affect the driving abilities of older adults.
In some states, older drivers have to complete vision tests when renewing their driver’s license. There are usually no other health tests for older drivers. However, there could be reasons other than failing eyesight for an elderly driver to become unsafe on the road, including:
- Becoming too frail to drive
- Showing signs of cognitive decline or dementia
- Relying on medications that can cause drowsiness
- Having medical conditions that interfere with operating a vehicle
- Mobility issues
- Being involved in multiple accidents
- Driving too fast or too slow repeatedly
If you suffered injuries in an accident with an elderly driver who was suffering from dementia, physical ailments, or other problems that inhibited their ability to operate a vehicle safely, you could hold them responsible for your damages. A car accidents involving elderly drivers lawyer can assess your case and advise you.
Call Ben Crump Law, PLLC today for a free review of your case: (844) 730-0233.
Accidents with Elderly Drivers
If you suffered injuries and material damages in an accident with an elderly driver you may wonder whether the driver should have been on the road at all. While some elderly drivers may be more cautious and careful when driving, others may have lost the ability to drive safely due to health issues or medication that interferes with their driving skills.
Some elderly drivers can cause car accidents when they:
- Drive through a red light or ignore other traffic signals or signs
- Drive below the speed limit
- Drive the wrong way on roads and highways
- Fail to yield
- Follow too closely
- Turn improperly
- Forget to use signals
Proving Negligence
If you got hurt in an accident with an elderly driver, you could have legal recourse if you can prove the elderly driver’s negligence or inability to operate a vehicle safely. This may require a thorough investigation into the elderly driver’s health and circumstances. Your lawyer can help with this.
In order to establish whether the other driver suffered from any kind of health issue or cognitive impairment, you may have to review medical records, accident reports, and witness statements. Your lawyer may be able to help you prove that the elderly driver was unfit to be behind the wheel, for example by examining the elderly driver’s driving record, as well as other evidence.
Generally, your lawyer will collect evidence to help you prove the main elements of a personal injury claim:
- The elderly driver owed you a duty of care.
- They breached the duty of care.
- Your accident happened due to the breach of duty.
- You have material damages and other losses as a result.
Proving an elderly driver’s negligence or carelessness can be tricky. However, you can get professional legal help and advice, and do not have to struggle with a lawsuit on your own.
Recovering Compensation
Any compensation you could receive in an accident with an elderly driver will depend on your specific case as well as the extent and severity of your injuries. However, in general, you could recover the following types of compensation, as well as others:
- Present, past, and future medical expenses
- Lost income and future lost income
- Physical pain and anguish
- Emotional distress
- Disability
- Loss of life enjoyment
- Property damage
- Out-of-pocket costs related to the accident
Timely action is crucial if you are looking to recover compensation. Deadlines may apply for filing a personal injury or wrongful death claim. Contact your car accidents involving elderly drivers lawyer as soon as possible after an accident. Timely action can help to preserve evidence and give you and your lawyer ample time to build your case. We believe that if you were hurt due to the fault of an elderly negligent driver, they are responsible for your medical expenses and other damages.
A Car Accidents Involving Elderly Drivers Lawyer Can Help
If you recently suffered injuries in an accident with an elderly driver, we could help. Professional legal representation can give you peace of mind and help you with the process of filing a lawsuit. Hiring a personal injury attorney can assist you with your claim in various ways, including:
Legal Advice
We can advise you regarding your legal options and help you understand insurance documents and the laws surrounding your claim against an elderly driver.
Protecting You
The at-fault driver’s insurance may contact you in order to facilitate a quick settlement out of court. We aim to ensure that any settlement offer is fair and covers all your damages. The insurances will work in their best interests and typically try to keep a settlement low. We will work in your best interests.
Gathering Evidence
We will take the time to investigate your accident in detail and gather the necessary evidence that can prove your claim. This can involve working with expert witnesses as well as accident reconstruction experts.
Calculate Your Damages and Future Costs
We can help you assess and calculate all damages and expected future costs relating to your accident with an elderly driver. Assessing all damages adequately can help you with any future treatments or rehabilitation costs and aid your recovery.
Representing You in Court
If we are unable to agree to an adequate out-of-court settlement with the defendant and insurances, we can take your case to court. We will fight for your rights to compensation.
Contact us for help as soon as you can. The sooner you start initiating legal action and consulting with a lawyer, the sooner our team can get to work on your case.
Working with us is risk free for you, as we work on a contingency basis and do not charge any out of pocket costs or attorney’s fees upfront. Contact Ben Crump Law, PLLC now to find out if you have a case and could receive compensation: (844) 730-0233.
