Elderly Related Accidents

According to the most recent data from the United States Census Bureau, about one in five Florida residents are over the age of 65. As Florida’s reputation as a desirable retirement destination continues to grow, this statistic may grow as well. Having a large number of elderly drivers on the road presents certain challenges. If you have been involved in an elderly related accident, you know this all too well. The knowledgeable Pembroke Pines car accident lawyers at Cohn & Smith can help you pursue damages from the responsible party.

The National Institute on Aging acknowledges that elderly drivers face multiple challenges, including diminishing eyesight, difficulty with hearing, and slowed reaction time. In addition, many seniors take medications that can make them feel drowsy or less alert than usual. Dementia, including Alzheimer’s disease, can drastically worsen a senior driver’s abilities because it can affect memory and decision-making skills. To increase overall driver safety, the State of Florida now requires drivers over the age of 80 to take a vision test prior to renewing their driver’s license.

Someone who continues to drive despite age-related safety concerns is taking a risk, potentially putting other drivers, passengers, and pedestrians in danger. Age does not create an exception to the laws in this area. Just as teenage drivers who lack experience and judgment can be held liable for their actions if they drive negligently, so can elderly drivers whose carelessness causes harm to others.

Negligence cases are generally broken down into four elements: duty, breach of duty, causation, and damages. Each element must be proven by a preponderance of the evidence. All drivers are held to the same standard of care, which consists of taking the same precautions that a reasonable person would take in a similar situation. If an elderly driver breaches this duty and causes harm to others, he or she likely can be held liable for damages.

Commonly available forms of damages include lost wages, medical expenses, property damage, and pain and suffering, among others. In wrongful death cases based on a fatal accident, different types of damages may be available, such as burial expenses, loss of consortium, and loss of support and guidance. A skilled car accident attorney not only can help determine the cause of an accident through a thorough investigation but also try to maximize the compensation in a case through carefully articulating how the accident has changed the plaintiff’s life.

If you have been involved in an elderly related accident, you should know that you have a limited time in which to seek compensation from the person whose negligence caused your harm. For Florida injury cases, this time period is four years. It is only two years in wrongful death cases. If you seek counsel as soon as possible after an accident, you will have someone looking out for your interests during the investigation, which may prove to be critical later.

None of us is getting any younger, but we still have a responsibility to drive safely. If an elderly driver has caused injuries to you or a family member, the dedicated Pembroke Pines attorneys at Cohn & Smith can help. Call us at 954-431-8100 or contact us online to schedule a free, confidential case evaluation with a motor vehicle collision attorney. We handle most car accident cases on a contingency fee basis, so no money is required to get your case started. Our firm represents victims and their families throughout South Florida, including in Fort Lauderdale, Davie, Weston, Aventura, Coral Springs, Hollywood, Sunrise, Tamarac, Pompano Beach, and communities throughout North Dade County.