According to the Centers for Disease Control and Prevention (CDC), drivers aged 70 and older have higher crash death rates per 1,000 crashes than middle-aged drivers (aged 35-54). The CDC also states that age-related changes in vision, physical functioning, and the ability to reason and remember, as well as some diseases and medications, might affect some older adults’ driving abilities.
Having a driver’s license is a key way that elderly people maintain their sense of independence. Unfortunately, there comes a point at which it is simply too dangerous for an elderly person to continue driving.
There are many reasons an elderly driver might 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
- Suffering mobility issues
- Being involved in multiple accidents
- Driving too fast or too slow
If you or a loved one has been injured in an accident with an elderly driver suffering from physical or cognitive difficulties that inhibited his or her ability to operate a vehicle safely, you could hold the driver responsible for your damages or losses. A lawyer experienced with car accidents involving elderly drivers can assess your case and advise you on how to proceed with your claim.
We invite you to reach out to our experienced team at Phillips Law Group to schedule a free consultation. We can review your case, establish your legal options, and put our resources toward obtaining a favorable outcome for you.
As one of Arizona’s largest consumer law firms, we are an experienced and dedicated team, committed to providing our clients with the highest quality legal service. In practice since 1993, our team has recovered hundreds of millions in compensation for injury victims throughout Arizona.
Working with us is risk-free. We work on a contingency fee basis, which means we do not charge attorney’s fees out of pocket or upfront. We only require payment if and when we recover compensation on your behalf, so don’t hesitate to seek the legal assistance you deserve. Please contact the personal injury lawyers of Phillips Law Group today. You can call us or fill out our online form to speak with one of our attorneys.
Common Causes of Elderly Driving Accidents
If you have been injured or suffered material damages in an accident with an elderly driver, you may question whether the driver should have been behind the wheel. Some elderly drivers may have lost the ability to drive safely due to health issues or medications that interfere with their driving capability. Older drivers are also more likely to lack self-awareness in recognizing changes in traffic laws and road conditions. Reduced mobility can impact their ability to react quickly to avoid a collision.
Elderly drivers most often cause car accidents when they:
- Drive through a red light or stop sign
- Drive below the speed limit
- Drive the wrong way on roads or through parking lots
- Fail to yield
- Follow too closely
- Make illegal left turns
- Forget to use signals
- Disrupt the flow of traffic by braking abruptly
- Misjudge distances or improper lane change
- Drive when there’s low visibility, such as at dusk, dawn or nighttime hours
If you were injured or sustained property damage in a car accident caused by an elderly driver, you may have mixed emotions about pursuing a claim. However, it is in your best interest to understand your legal recourse. You deserve to recover from your injuries and should not have to bear any financial burdens from a car accident that was not your fault.
Proving Negligence After a Car Accident Involving an Elderly Driver
If you were injured or suffered loss of property in a car 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. Only by proving negligence can you recover compensation. This may involve a thorough investigation into the elderly driver’s health and circumstances. Your lawyer can assist you with this.
To establish the state of the driver’s health and cognitive ability at the time of the accident, you may need to review medical records, accident reports, and witness statements. Additionally, your lawyer may be able to help you prove that the elderly driver should not have been behind the wheel by examining the individual’s driving record. The elderly driver may have a recent record of tickets or accidents as evidence that he or she was no longer fit to drive at the time of the accident.
Your attorney may recommend obtaining statements from the elderly driver’s family members and close friends regarding whether they had any concerns about their loved ones driving prior to the accident. It is not uncommon to find that an elderly person’s family members previously attempted to take away their driver’s license due to physical or mental impairments.
Proving an elderly driver’s negligence or carelessness is not always simple or straightforward. However, you can get professional legal assistance and advice rather than being forced to bear the burden of proof on your own.
Recovering Compensation for an Accident Involving an Elderly Driver
Any compensation you receive in an accident with an elderly driver will depend on your specific case as well as the extent of your injuries. However, in general, you may qualify to obtain restitution for:
- Present, past and future medical expenses
- Lost income and future lost income
- Physical pain and suffering
- Emotional distress
- Disability
- Loss of enjoyment of life
- Property damage
- Out-of-pocket costs related to the accident
If you have been in a car accident with an elderly driver, it is critical that you take timely action if you are looking to recover compensation. Deadlines often apply for filing a personal injury or wrongful death claim. Do not delay in contacting your car accident lawyer after a collision. Timely action will help you to preserve evidence and give you and your lawyer the time required to investigate and build your case.
Contact a Lawyer Who Handles Car Accidents Involving Elderly Drivers
If you have recently suffered injuries in an accident with an elderly driver, Phillips Law Group stands ready to help you pursue compensation. When we take on your case, we work hard to get you a fair settlement that will make a difference in your life.
Hiring a personal injury attorney can assist you with your claim in several ways:
- Legal advice
- Protection from a hasty and unfair settlement
- Gathering evidence
- Calculate your damages and future costs
- Court representation
Professional and experienced legal representation can give you peace of mind and help you with the process of filing a lawsuit. Our personal injury attorneys at Phillips Law Group want to help you during this difficult time. We fight for the best possible outcome for each and every client so that you will receive maximum compensation.
If you or a loved one has been involved in a car accident with an elderly driver, don’t wait. Contact us for help as soon as possible. The sooner you initiate legal action and consult with a lawyer, the sooner our team can get to work on your case. Please contact the personal injury lawyers of Phillips Law Group today. You can call us or fill out our online form to speak with one of our attorneys.
Available 24/7