As people age, they may experience medical events, unexpected injuries, and normal physical decline that reduces their ability to safely operate automobiles. Unfortunately, not every elderly person is aware of their new limitations, and that sometimes leads to those drivers being at fault for accidents that would not have happened if they had sought help with transportation.
In the wake of a car accident caused by an elderly driver, it can be vital to take legal action as soon as possible to give yourself the best chance of securing comprehensive compensation. From the beginning to the end of your legal proceedings, a dedicated attorney from Phillips Law Group with experience in elderly driving car accidents in Mesa can fight tirelessly to get you paid fairly while also guiding you through the complexities of Arizona state law.
When an elderly person is at fault for a car accident, the first important steps to take after the accident are identical to those that should be taken after any other type of traffic collision. Regardless of what led to the accident in the first place, everyone present should always check to ensure that everyone else involved is okay, summon police and emergency medical services to the scene if necessary, and exchange contact and insurance information with other involved parties before leaving the scene.
With car crashes in Mesa involving elderly drivers, it can be especially important to make sure that the elderly driver at fault is safe from further harm, especially if they are cognitively impaired. If necessary, police can help identify an elderly person who is unsure of their location and arrange for a family member or friend to come and assist them away from the scene, allowing them to receive the care they need.
The age or mental status of a person at fault for a car crash has no bearing on whether they can be held financially liable for damages stemming from that crash, so an elderly driver at fault for a Mesa car accident can be named as a defendant in an ensuing civil lawsuit even if they are cognitively impaired. That said, it may be necessary to deal primarily with another person acting on the elderly person’s behalf during the litigation process, which can complicate the pursuit of compensation. A skilled auto accident attorney can help ease these complications.
It is worth mentioning as well that people injured in accidents primarily caused by negligent elderly drivers can still be partly at fault for their own injuries if they, too, were driving negligently. Legal counsel can also play a crucial role in combating allegations of comparative fault and preventing a court from reducing the total amount of compensation available to an injured person, as outlined in Arizona Revised Statutes § 12-2505.
You may be hesitant about filing a civil suit against an elderly person with significant physical or cognitive limitations. However, if that person was entirely at fault and caused you to suffer significant physical, financial, and psychological harm, you have every right to seek fair restitution from them through private settlement negotiations with their insurance provider or, if necessary, a lawsuit in civil court.
Support from a knowledgeable auto accident lawyer is crucial for handling claims related to elderly driving car accidents in Mesa as effectively and compassionately as possible. Call Phillips Law Group today for a free, no-obligation consultation with one of our team members.
Phillips Law Group
N/a
Available 24/7