California Elderly Driving Accident Lawyers
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Our California Elderly Driving Accident Lawyers Are Dedicated To Finding A Solution For You And Your Family
The older you get, the more susceptible you become to severe injuries after a traffic accident. If another driver causes you harm, know that Arash Law is here to help. Our California elderly driving accident lawyers can guide you through your legal options and pursue claims based on the facts of your case. Call us at (888) 488-1391 to schedule a free initial consultation.
Elderly driving accidents also tend to present unique legal issues, like existing medical conditions, side effects of medication, insurance policy issues, and more severe injuries due to age-related fragility. Our personal injury attorneys can help you build a case that considers all contributing factors.
How Can California Elderly Driving Accident Lawyers Help With Your Claim?
Our California elderly driving accident lawyers recognize the difficulties these cases bring and can assist you in exploring legal options.
According to the Insurance Institute for Highway Safety (IIHS), elderly drivers are more likely to be involved in certain types of traffic accidents compared to middle-aged motorists. This reality makes it especially important to have legal support tailored to the circumstances of older drivers.
Our lawyers can assist you with your claim in the following ways:
- Compassionate Legal Assistance — Our attorneys understand the emotional impact traffic accidents have on everyone involved. They can offer support and guidance, keeping you informed and empowered throughout the process.
- Expert Witness Resources — In cases where medical issues or driving ability are called into question, the testimony of expert witnesses can be significant in the legal process. Our lawyers can work with medical professionals and accident reconstruction experts who can provide valuable evidence to support your claim.
- Negotiation Expertise — Insurance companies may present settlement options early on. Lawyers help clients assess these proposals and pursue remedies available under the law. They can represent your interests, seeking compensation that aligns with the facts of your case and California law.
- Litigation Support — In the event that negotiations fail or are not favorable, your case may proceed to court. Our elderly driving accident attorneys in California can meticulously analyze all available evidence, including accident reports, medical records, witness statements, and police investigations, to build a compelling narrative for the judge or jury.
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.– Arash Khorsandi
Why Hire Our Attorneys For Your Accident?
If you’re an injured senior driver in a car accident, working with a lawyer can help you understand your options. Our California elderly driving accident lawyers approach cases with care and attention. We work closely with our clients to better understand their situation and tailor our legal advice and representation to their specific needs.
Here’s what we can offer:
- Experience — Arash Law has years of experience handling all types of personal injury claims in California. We can investigate the accident, gather evidence, negotiate with insurance companies, and, if necessary, take your case to court.
- Knowledge — Our lawyers understand the legal issues and nuances that apply specifically to elderly driving accidents. We’ll put this knowledge to use in protecting your rights and pursuing claims based on available evidence.
- Transparent Communication — Our approach includes regular updates, so you remain informed about the progress of your case.
- Personalized Guidance — We handle each case based on its circumstances and also provide resources, like this senior driving guide, to promote safety.
After an accident, it’s common to feel uncertain about what to do next. Our California elderly driving accident lawyers can explain your rights and discuss the legal options available under state law.
Common Accidents Involving Elderly Drivers In California
Our attorneys often see these common types of elderly driving accidents in California:
- Rear-End Collisions — Decreased reaction time and depth perception can make elderly drivers more susceptible to rear-ending other vehicles, especially at intersections or during stop-and-go traffic.
- Turning Accidents — Misjudging distances or failing to yield properly while turning can lead to collisions with oncoming traffic or pedestrians. This risk increases with complicated intersections or unfamiliar routes.
- Lane Departure Accidents — Wandering out of lanes due to visual impairments, medication side effects, or cognitive decline may lead to head-on collisions, sideswipes, or rollovers.
- Single-Vehicle Accidents — Straying from lanes, hitting curbs, or colliding with objects may occur due to confusion, disorientation, or misinterpreting road signs.
- Medically-Related Accidents — Sudden medical emergencies like heart attacks or seizures can lead to the loss of control of the vehicle.
These accidents can leave victims with serious questions about fault and liability. California lawyers familiar with elderly driving accident cases assist by reviewing evidence and outlining available legal options.
Determining Liability In Elderly Driver Car Accidents
Fault hinges on negligence — a legal concept that occurs when a driver fails to exercise reasonable care on the road. To prove negligence, you and your California elderly driving accident lawyers need to establish the presence of these four key elements:
- Duty of Care — Did the driver owe a legal duty to others on the road (e.g., following traffic laws and driving safely)?
- Breach of Duty — Did the driver’s actions or inactions violate that duty (e.g., running a red light or driving while sleep-deprived)?
- Causation — Did the breach of duty directly cause the accident?
- Damages — Did the accident result in injuries, property damage, or other losses?
If all four elements are met, the driver may be deemed negligent and held liable for damages. However, you should also keep in mind that California is a “pure comparative negligence” state. This system allows injured parties to seek compensation even if they share some blame for the accident. The assigned percentage of fault reduces recoverable damages. So, if you’re found 20% at fault and suffer $100,000 in damages, you’d receive $80,000.
Younger drivers are expected to drive safely. Likewise, advanced age does not automatically mean a driver is unfit. As with any other road user, an elderly driver’s behavior and compliance with traffic laws can influence how liability is determined in an accident.
Damages For Elderly Driving Accidents
The legal process for recovering damages after an accident is generally the same for elderly drivers as it is for any other driver. However, the type and amount of damages that may be recoverable depend on the severity of the accident, the degree of fault, the insurance policies of the drivers involved, and other case-specific details. Our elderly driving accident lawyers in California can help calculate the approximate value of your case based on these factors.
These are the types of damages that you can potentially recover:
Economic damages are the financial losses you have suffered due to the accident. These include:
- Medical expenses incurred from treating injuries
- Lost wages due to time away from work
- Property damage
Meanwhile, non-economic damages are intangible and harder to quantify. They focus on the non-monetary implications of an accident. These include:
- Pain and suffering
- Mental anguish
- Emotional trauma
- Loss of companionship
- Diminished quality of life due to disability or disfigurement
In rare cases, the court may award punitive damages. However, they’re not meant to compensate the accident victim. These are intended to punish the at-fault driver for intentional misconduct or reckless disregard for safety.
Your ability to pursue fair compensation depends on proving the extent of your damages and clarifying liability. Elderly driving accident lawyers in California can guide you through these steps and work toward outcomes based on your case facts. While no specific result can ever be guaranteed, legal support can help you navigate the process. Recovery after an accident involves more than physical healing; it also means addressing financial strain and finding peace of mind.
Senior Drivers And California Law
California has laws and regulations that aim to keep senior drivers and other motorists safe on the road. Your California elderly driving accident attorneys can use these laws to your advantage in a claim. Here are some of them:
Eggshell Plaintiff Doctrine — Under the eggshell plaintiff doctrine or eggshell skull rule, a defendant who causes an accident is liable for the actual damages they inflict, even if the plaintiff or victim is unusually susceptible to injury due to their age, health, or other factors.
For example, a negligent driver causes a minor bump that wouldn’t normally faze a young driver but lands an elderly driver in the emergency room. The negligent driver “takes the plaintiff as they find them” and cannot reduce or escape liability because the plaintiff is weaker or more prone to injury.
- License Renewal Rules — Drivers who are 70+ must renew their license in person at a California Department of Motor Vehicles (DMV) office every five years. The renewal process includes a vision test and, if necessary, a written test to ensure that the senior driver is still capable of driving safely.
- License Restrictions — In some instances, the DMV may decide to place restrictions on a senior driver’s license to tailor the driving privilege to the individual’s capabilities. These restrictions could include:
- Prohibiting nighttime driving.
- Requiring the use of corrective lenses.
- Limiting the geographical area in which they are allowed to drive.
- Mandatory Reporting for Doctors — California law requires doctors to report any conditions that could impair a patient’s ability to drive safely, including conditions commonly associated with aging, such as dementia or severe arthritis. However, this can be a sensitive issue, as it directly impacts a senior’s autonomy. The DMV reviews such reports and may request that the driver undergo a reevaluation of their driving abilities.
Risks Associated With Elderly Driving
Getting behind the wheel is a freedom many seniors cherish, but unfortunately, they are statistically more likely to be involved in car accidents compared to adults between 25 and 64. While driving experience counts for a lot, age also brings changes that significantly impact driving ability.
Some common risks for senior drivers include:
- Vision Issues — Cataracts, glaucoma, sensitivity to glare, difficulty focusing or tracking moving objects, and decreased night vision increase the accident risk of elderly drivers. These conditions make it challenging to gauge distances, recognize traffic signals, and even detect pedestrians or other vehicles, especially in low-light conditions or inclement weather.
- Medication Side Effects — Many seniors take medications that can affect their driving ability. Certain prescriptions and over-the-counter drugs may cause drowsiness, dizziness, or confusion. Some seniors may not realize that their medication is impairing their driving until it’s too late, leading to grave consequences on the road.
- Cognitive Declines — Cognitive abilities such as memory, attention, and decision-making can decline with age. An elderly driver may be unable to understand traffic situations quickly, make safe judgment calls, or even remember familiar routes. Problems with cognitive functions are a major concern, as they heighten the risk of an elderly driver becoming disoriented or making errors.
- Decreased Driving Confidence — Sometimes, accidents occur because elderly drivers become overly cautious, leading to uncertainty and inconsistent driving behaviors that can confuse other road users. For example, driving below the speed limit or hesitating too long at junctions can create unsafe conditions for everyone else on the road. Slow driving can interrupt the flow of traffic and increase road rage among other motorists.
- Inadequate Vehicle Adjustments — Mobility, strength, and flexibility can deteriorate over time. If elderly drivers don’t adjust their vehicles accordingly, it could result in driving discomfort and even accidents. Besides seat and mirror adjustments, they might need to invest in adaptive devices such as steering wheel covers for better grip, swivel seats to make getting in and out of the car easier, or pedal extenders to ensure comfortable reach.
Despite these risks, according to the Centers for Disease Control (CDC), it is more likely for older adults to drive safely than those in other age groups. If you’ve been injured in a crash caused by a negligent driver, California lawyers handling elderly driving accident cases can help explain liability and the legal remedies available for both the immediate and long-term effects of the accident.
What To Do If You Get Into An Accident As An Elderly Driver
Getting into a car accident is a stressful event, no matter the circumstances. Every move you make in the early stages matters, especially if you need to file a claim or lawsuit later on.
While not required, you may take these steps:
- Check for Injuries and Prioritize Safety — Assess yourself and others for injuries, and call emergency services immediately if needed. If possible, move the vehicles to a safe location away from traffic.
- Call 911 and File a Police Report — It’s essential to file a police report, regardless of the severity of the accident. This document serves as an official record of the incident and is crucial for insurance claims and potential legal proceedings.
- Seek Medical Attention — Even if you feel okay initially, seek medical attention as soon as possible. Seemingly minor aches or pains could be signs of serious underlying issues, especially among the elderly. Early diagnosis and treatment can help prevent complications.
- Gather Information — Exchange insurance and contact details with the other driver, including their name, address, and phone number. Document the scene by taking photos of damage, license plates, and any visible injuries. If there are witnesses, note their names and contact information as well.
- Contact Your Insurance Company As Soon As Possible — Provide them with all the details you’ve gathered, including the police report and photos. Cooperate with their investigation and follow their instructions carefully.
- Consult a Personal Injury Lawyer — Reach out to our elderly driving accident lawyers in California for legal assistance. We can explain your legal rights and options and help you deal with the insurance claims process.
Statute Of Limitations For Filing An Accident Claim In California
The statute of limitations sets a maximum time after an accident within which victims may initiate legal proceedings. When the timelines defined by the statute of limitations expire, you might lose the right to file a claim.
Generally, California law grants you two years from the accident date to file a personal injury lawsuit. Hiring California lawyers for elderly driving accident cases can help you avoid missing important deadlines.
Elderly Driver Car Accident Statistics In California
California’s sunny highways and scenic routes are shared by drivers of all ages. But with the state’s significant population of older adults, it’s crucial to understand the impact of elderly drivers on road safety.
Here are some key 2021 statistics to consider:
- The National Highway Traffic Safety Administration (NHTSA) reported that there were 4,692,379 licensed California drivers 65 years or older.
- According to the National Highway Traffic Safety Administration (NHTSA), there were 604 older adults killed in motor vehicle traffic crashes across the state in 2021, representing a 9.4% increase from the previous year.
- According to the Safe Transportation Research and Education Center (SafeTREC), the top 5 primary crash factors for elderly drivers are improper turning (18.6%), speeding (15.8%), right-of-way violations (11.3%), pedestrian violations (10.7%), and DUI driving (8.6%).
Frequently Asked Questions
What Is The Oldest Age You Can Drive In California?
California doesn’t impose an upper age limit on driving. Anyone can legally drive in California as long as they meet the qualifications and requirements set by the DMV.
How Much Do Lawyers Charge To Handle Car Accidents Involving The Elderly?
Most elderly driving accident lawyers in California work on a contingency fee basis, meaning attorneys’ fees are owed only if there is a recovery. Specific terms, including costs, will be discussed with you before representation begins. It makes legal services accessible to those who might not be able to afford to pay hourly rates or retainer fees, helping reduce financial barriers.
With this arrangement, the lawyer’s payment depends on the outcome of the matter. Since their fees are directly tied to the success of the case, they are more motivated to secure the best possible outcome.
Can I Sue A Negligent Party If I Am An Older Adult?
Yes, age doesn’t limit your right to seek liability for damages caused by negligence. The law offers protection and avenues for redress to everyone.
For older adults, the impact of a car accident can be particularly severe. The physical repercussions might be more significant, and the recovery time might be longer. Medical expenses can skyrocket, and if the injury affects mobility or independence, it may require adjustments to living arrangements and long-term care.
In some cases, the law provides options to pursue compensation for the impact an accident may have on your life. Our California personal injury lawyers can advocate for you if age becomes a concern when pursuing your legal options.
Talk To California Lawyers Handling Elderly Driving Accident Cases
Getting involved in a car accident can be stressful and confusing. Our California elderly driving accident lawyers can help explain your legal options, review the circumstances of your case, and guide you through the process.
Call us at (888) 488-1391 for a free case evaluation. Our main office is located in Los Angeles, but we provide representation to clients across the state. If you’re unable to come to our office, our lawyers can meet with you to discuss your case.
