Elderly Related Car Accidents
There are many aspects of life that become more difficult as we age, including driving. Although some senior citizens are able to keep their driver’s licenses and to operate motor vehicles safely for many years, other seniors may have difficulties. Elderly individuals drive less frequently than other demographics, but they experience a higher rate of car accidents per mile. There are many reasons why elderly drivers may find themselves involved in a car accident, including dementia, poor vision, reduced reaction time, and susceptibility to distractions. While some seniors are aware that their limited faculties impair their driving, others are either not aware or reluctant to give up their independence. People who suffer injuries in an accident caused by an elderly driver can recover compensation. At The Grife Law Firm, our Boca Raton car accident lawyers have handled numerous cases involving elderly related car accidents, and we are ready to put our skills and experience to use for you.Establishing the Liability of an Elderly Driver
If you have been harmed in an accident caused by an elderly driver, you can bring a negligence action to recover compensation for your injuries. A negligence-based theory requires you to prove that the elderly driver did not operate their vehicle with the appropriate level of care and skill and that this failure was the cause of the injuries that you sustained. The standard of care that applies to operating a motor vehicle has been well-established by the courts. In general, Florida residents are all required to drive with the same reasonable care and skill that a prudent driver would use if they were driving in a similar situation.
This standard also incorporates any applicable traffic laws, such as yielding the right of way, obeying speed limits, and signaling before making lane changes. Additionally, Florida has enacted specific laws that pertain to senior drivers. For example, any driver who is age 80 or older when their current driver’s license expires must complete a vision test before renewing their license. Florida also offers a restricted driver license program for drivers who have a physical or mental condition that may impair their ability to drive a vehicle safely. This includes lack of vision as well as other age-related conditions like coordination, memory, flexibility, and cognitive impairments.
The next step of the lawsuit involves showing that the defendant’s lack of appropriate care and compliance with applicable laws caused you to suffer injuries in an elderly related car accident. This means that you must show that you would not have been injured but for the defendant’s negligent conduct. If you were also acting negligently at the time of the accident, such as if you were texting, the defendant can offer this evidence for the jury’s consideration. Compensation then will be awarded in proportion to fault. For example, if you were 40 percent responsible for the accident, you can recover 60 percent of your damages from the defendant.
Finally, after establishing breach and causation, your personal injury lawyer can offer evidence showing the amount of damages that you suffered as a result of the crash. Reimbursement for medical expenses can include past medical bills like ambulance fees and hospitalization bills, as well as future estimated medical bills if you suffer permanent or long-term disabilities. Other items of compensation include lost wages, reduced earning capacity, and emotional suffering. One thing that you should do after a car accident is collect and preserve bills and other documentation that proves the scope of your damages.Meet With an Experienced Car Accident Lawyer in the Boca Raton Area
If you were involved in an elderly related car accident, you may be entitled to compensation. At The Grife Law Firm, our experienced trial lawyers are prepared to answer your questions and to help you understand how to assert your legal rights to their fullest extent. We can handle all phases of your claim, including negotiating with insurance companies, gathering evidence, and preparing for trial. Serving clients in cities such as Miami, Fort Lauderdale, and West Palm Beach, we offer a free consultation to discuss your situation. Call us now at 1-855-998-0770 or contact us online.