As people age, they tend to experience declines in their visual capacity, motor skills, and cognitive function, which can stem from serious health conditions or the natural aging process. Either way, these changes can significantly complicate the safe operation of a motor vehicle on public roads.
If you were involved in an elderly driving car accident in Tempe caused by the negligence of someone aged 70 or older, you have the same right to seek civil restitution as anyone else injured through any other type of auto wreck. That said, claims of this particular nature can be uniquely challenging on both legal and personal levels, so you should strongly consider seeking the help of a capable auto accident attorney from Phillips Law Group.
Are Elderly and Infirm Adults Still Liable for Their Own Actions on the Road?
State law is very clear on the matter of liability for auto accidents: if you are driving a motor vehicle on public highways, you are responsible for adhering to your duty of care as a driver and staying safe on the road at all times, regardless of your physical state before, during, or after driving. Furthermore, the specific reason why someone violated their duty of care behind the wheel has no bearing on whether they are civilly at fault for an ensuing wreck, so an elderly driver forgetting to use their turn signal is just as valid a cause of action as a driver speeding while driving drunk.
That said, there are certain circumstances under which third parties may bear partial liability even for a mechanical problem in an elderly driver’s vehicle or for the fact that an elderly driver was allowed to get behind the wheel in the first place. For example, if a family member of an elderly person in Tempe lets them borrow their car despite knowing they are cognitively unable to drive safely, the vehicle owner might be held civilly liable for any traffic crash caused by their older family member.
Recovering for Short-Term and Long-Term Damages
Since Arizona takes a fault-based approach when it comes to auto accident litigation, you have the right to file suit over a Tempe car crash caused by an elderly driver without necessarily needing to exhaust all available insurance coverage first. This can be key to recovering fairly for both economic and non-economic damages stemming from this sort of wreck, including:
- Past and future medical bills
- Physical discomfort and pain
- Lost work income and/or working capacity
- Emotional trauma and distress
- Car repair costs and other out-of-pocket expenses
- Lost enjoyment of life
Support from legal counsel can be crucial in both identifying all compensable damages that should be factored into a particular claim and in demanding a fair amount of money from them through settlement talks or a civil lawsuit.
Speak With a Tempe Attorney About an Elderly Driving Car Accident Claim
While not every elderly person is guaranteed to be a danger behind the wheel, it is a statistical fact that elderly drivers are more likely to be involved in wrecks than other adult drivers. If you were hurt in an elderly driving car accident in Tempe, working with a dedicated car accident lawyer from Phillips Law Group will substantially improve your chances of securing the restitution you deserve without getting tripped up by legal obstacles along the way. Call today to set up a free, no-obligation consultation with a member of our team.
(602) 222-2222 
