If you got hurt or your loved one died because of injuries involving a senior driver, a Dallas elderly driver accident lawyer may help you go after financial compensation for your losses. Loncar Lyon Jenkins is here to help you and your family get through this difficult time. We may evaluate your injury claim, negotiate directly with the at-fault driver’s insurance company, and file a lawsuit if appropriate.
You do not have to go through this process on your own. Call in the Strong Arm. You can speak with a team member at Loncar Lyon Jenkins today by calling (877) 239-4878. The initial consultation is at no charge.
Elderly Individuals Make Up an Increasing Number of Drivers
According to the National Highway Traffic Safety Administration (NHTSA), in 2006, seniors aged 65 and older made up 12% of the total United States population. By 2015, this group increased to 15% of the population.
The Centers for Disease Control and Prevention (CDC) suggest that ordinary aging can adversely affect older adults’ driving abilities. Age-related physical changes and impairment of cognitive functioning and vision can put older drivers at a higher risk of crashes. Older drivers tend to be more vulnerable to injury and death in collisions than younger drivers or passengers.
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Who Can Sue for Damages in an Elderly Driver Accident Lawsuit?
If an elderly driver’s negligence causes an accident that injures someone, the driver may be held legally responsible for the harm caused. Here are some examples of people who, depending on the facts of the situation, might qualify to pursue compensation for their losses:
Passengers in the Elderly Driver’s Car
Some people mistakenly think that if they were riding in the at-fault driver’s car, they do not have the same rights as people in other vehicles, but that is not the case. Passengers in the senior driver’s car have the same legal right to compensation as anyone else.
Drivers and Passengers in Other Vehicles
As long as the elder driver caused the accident through negligence, people in other vehicles may be eligible to seek money damages for their losses. On the other hand, if the elderly driver was not the person who caused the collision, injured people will have to go after the negligent party for compensation.
Pedestrians, Bicyclists, and Motorcyclists
Sometimes elderly drivers do not see or notice motorcyclists, bicyclists, or people on foot. Confusion, failing vision, and slower processing times can contribute to the cause of an accident. When victims get struck by a moving vehicle, the result can be devastating injuries or death. The at-fault driver may be held accountable for these losses.
You Must Be Able to Prove Negligence in Elderly Driver Accident Injury Claims
We cannot automatically sue a driver just because of their age. We must establish legal liability on the part of the defendant, which we do by proving all four elements of negligence:
Duty of Care
The defendant must have owed you a duty of care. Everyone who operates a motor vehicle on public streets has an obligation to exercise reasonable care when behind the wheel.
Breach of Duty
A person’s actions are considered negligent when they do not meet the standards of legal duty. For example, the defendant, a 92-year-old person, continued to drive despite knowing his hearing and eyesight had diminished greatly. He had caused eight minor accidents in the last six months but refused to give up driving. Conscious disregard for the safety of others is not exercising reasonable care.
Causation
Causation shows how the defendant’s negligence led to an accident. For example, the defendant blew through an intersection on a red light because he could not see that the light had changed. He struck a child riding a bicycle in the crosswalk. The defendant’s negligence caused the accident that injured the child.
Measurable Losses
Generally, the plaintiff must have quantifiable damages to hold the defendant responsible. Physical injuries satisfy this factor.
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The Settlement Value of an Elderly Driver Accident Injury Claim May Vary
We cannot say how much money you might receive in a settlement of an elderly driver accident injury case without first talking to you and investigating your situation. Every injury claim is different. The amount of compensation you may pursue depends on the facts of your case.
Here are some examples of the damage awards we have won for our clients:
- Medical expenses
- Future medical treatments
- Long-term care
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Other non-economic losses, such as disfigurement and loss of enjoyment of life
You do not have to calculate the total amount of your money damages. A Dallas elderly driver accident lawyer at Loncar Lyon Jenkins may take care of that as part of their team’s services if you become a client.
Call in The Strong Arm for Your Car Accident Case
We have worked tirelessly to win all the compensation that our clients need. We understand that you are going through a challenging time and that money damages can help you rebuild your life.
You can call us today at (877) 239-4878 for a free case evaluation.
