When involved in a car accident with a senior driver, the situation can seem more intricate than other kinds of collisions. However, the legal principles remain the same — if an elderly driver’s negligence leads to an accident, they are liable for the ensuing damages. Proving that an elderly driver’s inability to safely operate a vehicle contributed to a collision can pave the way for recovering compensation. Seeking assistance from a personal injury lawyer specializing in accidents involving elderly drivers can significantly assist when pursuing a legal claim.
It’s import to understand that age alone is not grounds for liability. Instead, it’s the negligence of an elderly driver that determines their culpability. After all, senior drivers are entitled to legally be on the roadways just like anyone else. However, factors such as impaired vision, slower reaction times, medication side effects, and underlying medical conditions can all contribute to an accident and constitute negligence.
Indiana, like many other states, has regulations and guidelines concerning senior drivers. These are aimed to ensure road safety, while also respecting the rights and capabilities of older drivers. Some of these stipulations include requiring license renewals in shorter intervals (every 3 years for those over 75, and every 2 years for those over 85), as well as vision screening, medical reporting, and driver improvement courses.
Insurance companies play a significant role in resolving car accident claims, including those involving elderly drivers. However, they may attempt to minimize payouts or deny claims altogether. Having legal representation can level the playing field, as experienced attorneys can negotiate with insurance companies on your behalf and pursue legal action if necessary to secure fair compensation for your injuries and damages.
The legal foundation governing liability when seniors are involved in an accident remains clear: if an elderly driver’s negligence caused the accident and resulting damages, you have the right to pursue compensation for your injuries. To determine if the other driver experienced any health or cognitive issues, your personal injury attorney may need to request medical records, accident reports, and witness testimonies to support your case.
If you or a loved one have been injured in a car accident with an elderly driver in Indiana, contact Hurst Limontes to discuss your legal options. We have over 116 years of combined experience fighting for our clients in any number of personal injury claims. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or complete the form below for a FREE and confidential consultation.
