Every driver that gets behind the wheel in Austin has the same obligation to keep others safe. For most people, this means following the rules of the road, as well as ensuring that you are in the proper state of mind to safely operate your car. However, other people may be a threat because of physical or mental limitations that affect their ability to drive.
For instance, many elderly people suffer from health concerns that jeopardize the safety of themselves and others while behind the wheel. In other examples, advanced age will decrease a driver’s reaction time, leaving them unable to properly react to hazards or emergency events.
If an elderly driver has been involved in a crash that left you with an injury, you have the right to seek compensation for your losses. An Austin elderly driver accident lawyer may be able to help you to pursue your claim for the damages that you deserve. Reach out to the legal team at Loncar, Lyon, and Jenkins today to discuss your case by calling (877) 239-4878.
Advanced Age Limits a Person’s Ability to Safely Drive
With the baby boomer generation approaching senior-citizen status, the proportion of elderly drivers on the road may be increasing. Unfortunately for other travelers, aging can correlate with traffic accidents and injuries.
According to the National Institute on Aging (NIA), a subdepartment of the U.S. Department of Health & Human Services, a variety of natural aging processes can impact a person’s ability to safely drive. Examples can include:
- Muscle and joint stiffness
- Vision or hearing problems
- Mental health concerns, such as Alzheimer’s disease or dementia
- A reduction in reaction times
In addition, many prescription medications can affect a person’s awareness or ability to properly process their surroundings. People who take these medications must be aware of the impact that these substances will have on their ability to drive. Getting behind the wheel while on these drugs may even violate the state’s DWI laws. A lawyer can provide more information about the risk that elderly drivers pose to other travelers.
For a free legal consultation with a Elderly Driver Accidents lawyer serving Austin, call 877-239-4878
Every Driver Must Take Care to Protect Others
All drivers on Austin’s roads, whether they be teenagers just learning to drive or elderly people with decades of experience, have the same duty to keep others safe while behind the wheel. This duty is automatic and nothing about their identity—or the actions that drivers take—changes this fact.
As a result, elderly drivers are just as liable for their actions behind the wheel as anyone else. Old age causing a state of confusion or a loss of reaction time is not a defense against allegations of negligence that causes a personal injury. In the same vein, just because another driver is of an advanced age does not mean that they are automatically to blame for a collision.
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Proving Another Driver to Be At-Fault for a Crash
The core of most personal injury claims revolves around the concept that you need to prove that another driver was at fault for the collision. If you cannot prove this, you cannot collect compensation for your losses.
The process of proving this idea can be overwhelming for many people. While you are dealing with obtaining medical care for your injuries or going back to work, the clock is ticking on pursuing your case. The elderly driver’s insurance company may even try to shift blame for the collision onto you.
According to Texas Civil Practice & Remedies Code §33.001, if an injured driver is more than 50 percent to blame for a crash, a court cannot award any compensation for their losses. As a result, it is a common tactic of insurance companies to argue that your own actions were the primary cause of your losses.
An Austin elderly driver accident lawyer stands ready to take the lead in your case. We understand the law as it applies to car accidents and can help to gather evidence that points to an elderly driver being primarily responsible for an accident. We can also work to shield your case from aggressive insurance companies. We want to ensure that a demand package properly outlines your losses and asks for fair compensation.
Loncar, Lyon, and Jenkins can help. Call in the Strong Arm by dialing (877) 239-4878 today.
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The Forms of Compensation that May Be Available After a Crash
The goal of any personal injury claim or lawsuits following a collision with an elderly driver is the same. These cases aim to collect the compensation that you need to set things right. An essential part of any case is rigorously evaluating how the incident has affected your life.
The core of any claim is a physical injury. These can range in severity from minor cuts and scrapes to life-altering damages. An at-fault driver is always liable to provide payments for the costs of all necessary medical care. Your legal team can help you to demand fair compensation for your physical injuries.
In addition, many car crashes in Austin affect more than just a person’s physical health. One loss that does not appear on any medical bill is mental anguish. This often takes the form of pain and suffering or trauma. Almost every physical injury will include associated pain. A claim for damages must reflect this fact. Additionally, the incident may leave you with nightmares, flashbacks, or other mental health concerns that decrease your quality of life.
Another potential form of compensation is lost income. An at-fault driver must provide reimbursement for your lost wages if the accident has:
- Left you temporarily unable to work,
- Caused you to miss shifts to attend medical appointments, or
- Left you with a permanent condition.
A lawyer can ensure that your demands for compensation match your losses.
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Let an Austin Elderly Driver Accident Lawyer Take the Lead
Elderly drivers who are not physically or mentally capable of safe driving are a major source of car accidents in Austin. Despite their potentially decreased driving capacity, these people are just as responsible in a crash as any other motorist. This means that they must provide compensation for your losses after an accident.
An Austin elderly driver accident lawyer may be able to help you. The legal team at Loncar, Lyon, and Jenkins can handle every portion of your claim so that you can focus on making your best recovery. Contact us today for your free consultation at (877) 239-4878.