Tens of millions of people aged 65 and older are currently licensed to drive in the United States, and while they may be less spry now than they were in their youth, many of those elderly people still have the physical and mental faculties necessary to safely operate a motor vehicle. However, “many” is not “all,” and it is an unfortunate fact that some older drivers are dealing with age-related limitations which may severely impair them behind the wheel.
If you were injured in an elderly driving car accident in Avondale, you have the same right to seek financial restitution from the people at fault for your wreck as anyone else injured through any other type of traffic collision would. That said, taking proactive legal action against an elderly person—especially one dealing with serious cognitive difficulties—can be a uniquely complex endeavor, which is why you should strongly consider seeking help from the seasoned auto accident attorneys at Phillips Law Group.
Generally speaking, any licensed driver who ends up involved in a traffic collision due to their own reckless or careless driving is the only person legally liable for the consequences of the crash they caused. One notable exception to that, though, is when someone is lawfully licensed to drive but not considered legally capable of representing their own best interests—for instance, if they are a minor under the age of 18, or an elderly person struggling with significant cognitive decline.
In those situations, someone injured through the misconduct of the driver in question may have grounds to file suit not only against that driver, but also against a third party who negligently allowed an irresponsible person to drive their car or who otherwise failed to properly supervise someone in their care. We may also or alternatively be able to help you file suit against other third parties who indirectly contributed to causing an elderly driving car crash in Avondale, such as a vehicle manufacturer which produced defective auto parts.
A comprehensive settlement demand or lawsuit over an auto accident in Avondale caused by an irresponsible elderly driver can account for both economic and non-economic losses stemming directly from that wreck. This can include, but is not strictly limited to things like:
However, even if you suffer a lifelong injury through another driver’s negligence, Arizona Revised Statutes §12-542 generally gives you a maximum of two years after your accident to actually file suit against them. Contacting legal counsel quickly after this type of incident can be key not just to filing within this strictly enforced deadline, but also to efficiently constructing the strongest possible claim based on the evidence available to you.
No matter their age or experience level, everyone driving a motor vehicle on public New Jersey roads is expected to fulfill the same “duty of care” requiring them to act lawfully and responsibly behind the wheel. Unfortunately, elderly drivers not only may choose to act irresponsibly while driving, but also may be physically or cognitively unable to drive safely even if they had every intention of doing so.
Either way, you can seek fair financial restitution after being hurt in an elderly driving car accident in Avondale with assistance from our team. Call Phillips Law Group today to learn more about how we can prove our 30+ years of legal experience to work for you.
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