A study conducted by the RAND Corporation found startling statistics involving elderly drivers. Despite driving 38 percent fewer miles than other age groups, seniors are 16 percent more likely to cause an accident compared to other adults. While that increase in risk is less than is found with younger inexperienced drivers, it is still significant.
The older we get, the more our driving skills can deteriorate. This means some elderly people pose a great risk to other drivers on the road. If you or a loved one was injured or killed by an elderly driver, call Judd Shaw Injury Law right away. You may be entitled to significant compensation for your losses.
We will fight for the rights of our clients the Judd Shaw Way so they don’t have to worry about losing everything after becoming injured. Contact Judd Shaw Injury Law today at (866) 909-6894 to schedule a free consultation. Be sure to ask about our No Fee Guarantee®.
Common Causes of Car Accidents by Elderly Drivers
Getting older can be difficult to handle for many people. You might think someone with decades of experience driving would make him or her safer to be around. Sadly, this is not always the case. Changes in a person’s cognitive and physical ability can make it difficult to drive safely despite having years of experience.
Changes seniors may face that make them risky on the road include:
- Cognitive decline
- Vision loss
- Unable to physically operate a vehicle
- Slowed reaction times
- Medication use
- Inability to see/read traffic signs
While we love the elderly people in our lives, at-fault drivers of all ages should still be held accountable for the damage they cause. You deserve to be fully compensated for your losses. Call Judd Shaw Injury Law right away to learn more about your rights.
What Are the Main Causes of Accidents by Elderly Drivers?
It is understandable when elderly people desire to be just as free and independent as they were when they were younger. Mental and physical changes happen slowly over time, but this does not make elderly drivers any less responsible for accidents they caused. In many cases, despite attempts to overcome mental and physical shortcomings, senior drivers can pose a great risk.
The main causes of accidents caused by elderly drivers can include:
- Driving too slow
- Failing to use turn signals
- Driving through red lights and stop signs
- Driving too fast for the conditions
- Failing to allow enough space between vehicles
- Making improper turns
- Changing lanes improperly
- Driving the wrong way
- Unexpected braking
- Failing to yield
- Driving when vision is limited
- Driving while sick or impaired by medications
Medical Conditions That Can Lead to an Accident
As we age, we become more susceptible to various medical conditions that can make us a danger to others on the road. Our ability to drive safely decreases in our later years. In many cases, elderly people voluntarily give up their licenses, but others are reluctant to give up driving – despite the risks.
The NHTSA has put together a list of medical conditions that can impact the ability of elderly drivers to navigate the roads safely. This list includes:
- Parkinson’s disease
- Alzheimer’s disease
- Sleep apnea
- Macular degeneration
While such conditions can vary in severity, it is the responsibility of each person to ensure that he or she can drive safely. You do not have to be considered elderly to have one or more of the above conditions. If you have a condition that can put others at risk, check with your doctor before getting behind the wheel.
Should You Hire an Elderly Driver Lawyer?
While you might think it would be easy to win compensation after getting into an accident with an elderly driver, it is not that simple. The other driver’s insurance company may not accept your claim without evidence, so you would have to prove that the elderly driver acted negligently.
Your attorney should have experience handling many different types of accident cases. He or she can help your case by:
- Gathering accident reports
- Reviewing the medical records of the elderly driver
- Speaking to eyewitnesses
- Finding evidence to support your claim
- Determining whether health or age played a role in the accident
- Finding expert witnesses willing to testify on your behalf
- Calculating a fair settlement amount
- Providing legal advice
- Negotiating with the insurance company
- Filing a lawsuit
- Representing your interests in court
What Compensation Can You Receive After an Elderly Driver Accident?
The amount of compensation you can receive after an accident involving an elderly driver depends on several factors. The most important is the number of losses you sustained. Accident victims can receive both economic and non-economic damages, depending on the incident. Economic losses are easier to tally as they are tangible, while non-economic damages are more difficult to calculate.
The types of compensation you may receive after an accident with an elderly driver include:
- Medical bills
- Lost income
- Loss of earning potential
- Out-of-pocket expenses
- Property damage
- Pain and suffering
- Mental anguish
- Rehabilitation costs
- Transportation costs
- Disability benefits
- Loss of consortium
What Should You Do After an Accident With an Elderly Person?
After being involved in an accident with an elderly person, you may decide to pursue compensation for your losses. This is well within your rights.
What you may not realize is that what you do immediately after the accident can help your case. For instance, consider the following steps you should take after being in an accident with an elderly person.
Get medical attention
To win your case, you will need to prove you were injured in the accident. So even if you do not think you are injured, you should still seek medical attention. The longer you wait, the harder it may be to convince the insurance company you were hurt by the collision itself.
Remember that, right after an accident, you may be in shock or have a rush of adrenaline that could hide some severe medical problems. Ailments like traumatic brain injuries and fractures, for instance, may not register at first.
Speak to witnesses
It is likely there will be others who witnessed the accident. Having witness testimony from other drivers or pedestrians who saw what happened will go a long way. Collect all eyewitnesses’ names and contact information so you or your lawyer can reach out to them later if needed.
Having photos of the crash scene will be important to your case. Make sure you capture the entire scene, including the weather conditions that day and damage to both vehicles. Photographic evidence can help investigators piece together who caused the accident.
Refuse to speak to the other party’s insurance company
The defendant’s insurance company is not your friend. An insurance adjuster may call you and request to hear your side of the story. The problem is, though, that he or she will not have your best interests at heart. The insurance company will do whatever it has to do to reduce the amount it pays out, but you can refer the adjuster to your attorney.
Call a personal injury attorney
Winning compensation from the insurance company will not be easy. There is plenty of hard work that goes into putting together a rock-solid case, but an experienced attorney is ready to put in the effort and will have the necessary knowledge and experience from years of litigating similar cases.
Call Judd Shaw Injury Law to Help Get Your Life Back on Track
After being in an accident involving an elderly driver, you may find yourself facing a difficult recovery. Along with pain and suffering, you might also be frustrated that the accident happened in the first place, especially if it was caused by negligence on the part of the other driver.
In this case, you have every right to be compensated for your injuries. The last thing you need is to face an insecure financial future due to someone else’s actions. Instead, let Judd Shaw Injury Law help you get the justice you deserve. We work hard to serve the legal needs of our clients so they can focus on getting back on their feet. That is the Judd Shaw Way of doing things.
Contact Judd Shaw Injury Law today at (866) 909-6894 or fill out the online contact form for a completely free case review. Our team is standing by 24/7 to take your call. Also, be sure to check out our No Fee Guarantee®, which means you do not owe us a dime until you win.