The Baby Boomer generation is either hitting retirement age or well into its retirement years, so the population of America’s senior citizens is growing. This growth means more older drivers are on traveling Fort Worth’s roads. The National Highway Traffic Safety Administration (NHTSA) reports that more than 40 million licensed drivers aged 65 and above are on our streets.
While this is generally good news, it also means we have more crashes involving elderly drivers than before. If you have been in such an accident with an older driver, contacting a Fort Worth car accident lawyer from Loncar Lyon Jenkins can help you recover compensation for your damages. You can learn about your legal options and next steps today during a free initial consultation.
How Our Fort Worth Elderly Driver Lawyer Can Lead Your Case
Filing a car accident claim against an older driver can be complex. While all motorists can make driver errors, society treats elder citizens with respect. However, older drivers can be drowsy drivers, operate a vehicle under the influence of drugs, including prescription or over the counter, and engage in other dangerous driving behaviors. Still, you may have to go to extensive levels to prove an older person can be a negligent driver that caused your accident. For that, hiring an elderly driver accident attorney from our firm offers the following:
You Get the Right Legal Advice
Getting into an accident can cause pain and makes the victims emotional, regardless of who caused it. Unfortunately, emotions inhibit your ability to think straight. As a result, you may make rash decisions and reckless comments that may hinder your chances of recovering your rightful compensation.
If you hire a personal injury attorney, they will analyze your case and give you legal options that will help you understand your point better. Then, with the help of a legal professional, you can build a strong case for your losses and demand financial compensation.
Collect Case-Supporting Evidence
As you recover from your injuries, your lawyer will take care of all your legal tasks, including collecting and submitting crucial evidence that supports your case. They can also talk to key eyewitnesses, review police reports, review photos and video footage, and consult with experts who can weigh in with a professional opinion that establishes your claims.
Representing You in Negotiations
Every driver in Fort Worth must insure their vehicle. In case of an accident, the insurance company might be responsible for covering any losses. Likewise, if an elderly driver has injured you, their insurer should be liable to compensate you. However, auto insurance companies are not in the business of dishing out money; they may even fight your claim for compensation.
In some cases, the insurance companies’ adjustors will present a low offer to you to avoid a lawsuit. If a lawyer works on your behalf, you do away with these possibilities. An attorney has the right resources to compete with anyone and ensure that all negotiations are in good faith.
File Your Injury Lawsuit
Most parties involved in road accidents prefer to solve their issues out of court because of the extra fees needed for litigation. However, if your lawyer fails to reach an agreement with the liable party during the negotiation stage, a lawsuit might be the only option left. Our Fort Worth elderly driver car accident attorney can help you with this, ensuring you meet all deadlines and file your case on time.
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Recovering Compensation After a Fort Worth Elderly Driver Accident
After an accident with an elder driver in the Fort Worth area, you could demand compensation for your losses depending on how well you argue your case and the evidence you provide to prove it. Given that no two car accident claims are the same, there is no specific amount of money that you can recover. Generally, though, you stand a chance of recovering reimbursement for economic and non-economic damages such as:
- Physical pain and suffering
- Mental and emotional distress
- Medical bills (past, present, and future)
- Rehabilitation expenses (e.g., physical therapy)
- Loss of enjoyment of life
- Loss of consortium
- Property damage (in this case, your vehicle)
- Any out-of-pocket expenses that you might have incurred following the crash
Wrongful Death Damages
If your loved suffered fatal injuries in a passenger car accident involving an older driver, we are sorry for your loss. We want to help your family recover wrongful death damages, such as funeral and burial expenses, your loved one’s medical expenses, household compensation they would have earned, and other related damages.
An attorney from our law firm can seek to recover monetary compensation from the negligent party that caused the collision. Texas law designates certain family members as eligible to pursue wrongful death claims. We can explain how these actions work and answer your questions during your free legal consultation.
Causes of Elderly Driver Car Accidents
The Centers for Disease Control and Prevention (CDC) reports that older drivers (over age 75) are at the highest risk of car crashes. Age-related declines in eyesight and cognitive functioning are some reasons for these accidents. Other common causes of car accidents involving older drivers include:
- Too weak to drive properly
- Issues with proper mobility
- Medications that can cause drowsiness
- Medical conditions that may inhibit appropriate driving
- Inconsistent driving patterns (too fast or too slow)
- Failure to yield
- Following too closely
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Eligibility to File an Accident Claim Against an Elderly Driver
Some see elderly drivers as careful drivers. However, accidents involving them still occur because of health issues and other factors. If an elderly driver was at fault in your car crash, it might be challenging to know how to continue. Nevertheless, a crash is a crash; you need to sort out compensation or bear the weight of the damages caused alone.
If you believe an elderly driver was at fault for your accident, you can file an insurance claim or lawsuit to recover fair compensation. However, you (or your attorney) must prove the driver’s negligence or inability to operate the vehicle safely caused the crash, which led to your injuries. You can do this by doing the following:
- Proving the elderly driver owed you a duty of care, which they breached
- Showing the damages and losses suffered due to the accident caused by the elderly driver
What to Do After a Car Accident Involving an Elderly Driver
Car accidents involving elderly drivers are like any other. Do the following immediately afterward:
- Call the police and emergency medical help; emergency medical technicians can exam you for injuries
- Get the names and personal contact details of everyone involved, including witnesses.
- If you can, take photographs and videos of the accident scene. Taking photos helps provide raw evidence. You can also take video and photo proof of your injuries.
- Contact an injury lawyer. Do not admit to anything or answer questions you do not know.
Our Fort Worth Elderly Driver Accident Attorney Is Ready to Represent You – Call Us Today
Any accident can bring about devastating effects. With more people reaching retirement age, we have more older drivers on the road, meaning we have more accidents caused by them.
At Loncar Lyon Jenkins, we help victims file claims and recover due compensation. Contact a Fort Worth elderly driver accident lawyer today for a free case review. We work on a contingency basis and will not collect any fees unless we win or settle your case.