Complications You Might Face With An Accident With An Elderly Driver

Complications You Might Face With An Accident With An Elderly Driver

29 March 2021
 Categories: , Blog

Seniors are often among the most cautious and responsible drivers and benefit from decades of experience on the road. However, some seniors may suffer from cognitive decline that can impact their ability to operate a motor vehicle. If you are involved in an accident with a senior, your car wreck lawyer may factor this into the investigation into who caused the car accident.

Causes of Accidents Involving Seniors

Many seniors are involved in accidents because they are suffering from mobility issues and are not able to properly apply pressure to the brakes. Other drivers might suffer from poor judgment or may be unable to respond quickly enough to an emergency. Drivers with hearing problems might not hear horns or sirens. There are also some medications seniors must take that can cause side effects that lead to impaired driving.

Drivers are responsible for making sure that they are able to safely operate a motor vehicle and that the medications they take will not impair their ability to drive. If you happen to know someone who is elderly and you believe they cannot drive, you may be able to fill out a Request for Driver Reexamination form depending on the state in which you reside.

Signs That a Driver Is Impaired

You may need to prove that the driver is incapable of driving after the accident. The driver might have a difficult time remaining in one lane, may miss signs and traffic light indicators, may have a noticeably slower reaction time, and may have a difficult time judging distances.

After the accident, you will immediately want to contact the police and wait for them to arrive. Make sure to request that the police officer write the other driver a ticket because this can be used to establish that the other driver was at fault. Even if you must turn to your own auto insurance provider for compensation, your insurance rates will not go up when the other driver is at fault.

Legal Guardianship

If the driver does not have a legal guardian, they will be solely responsible for the accident. However, if the elderly driver is not supposed to be driving and has a legal guardian, the guardian might be liable for any damages resulting from the accident.

To receive compensation for your injuries, you may seek a settlement with the driver's insurance provider. However, if the driver is not supposed to be driving, they might not be covered and you may need to sue the driver directly.

Contact a local car wreck lawyer to learn more about what to do in this circumstance.