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 are ready to guide you through your legal options and aggressively pursue the compensation you deserve. Call us now at (888) 488-1391 to schedule a free consultation.

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. Elderly driving accidents also tend to present unique legal issues like existing medical conditions, side effects of medication, insurance policy issues, more severe injuries due to age-related fragility, and more. Under the leadership of Arash Khorsandi, Esq., we can help you build a strong case that takes into account all of these contributing factors.

Don’t wait for justice to come knocking. Get in touch with Arash Law today and get the legal support and expertise you need to move forward with confidence.

How Can California Elderly Driving Accident Lawyers Help With Your Claim?

Our California lawyers specializing in elderly driving accidents understand the unique challenges you face and are committed to helping you achieve the best possible outcome.

Our lawyers can assist you with your claim in the following ways:

1
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.

2
Expert Witness Resources

In cases where medical issues or driving ability are called into question, the testimony of expert witnesses can tip the scales in your favor. Our lawyers can work with medical professionals and accident reconstruction experts who can provide valuable evidence to support your claim.

3
Negotiation Expertise

Accident victims often find themselves dealing with insurance companies pushing for lowball settlements. Lawyers anticipate common tactics and build a strong case from the start, putting you in a better position for negotiation. They’ll advocate for you fiercely, ensuring you receive fair compensation that reflects the full extent of your losses.

4
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 will 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.

Car Accident
$6,000,000.00
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, finding the right lawyer matters. Our California elderly driving accident lawyers combine rigorous legal strategy with genuine 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.

You deserve the best. Here’s what we can offer:

  • Experience – Arash Law has decades of combined experience handling all types of personal injury claims in California. We’ll thoroughly 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 leverage this knowledge to protect your rights and fight for maximum compensation.
  • Results – We win for our clients, securing compensation in courtrooms and at negotiation tables. Check out our case results and see how we’ve helped other people just like you.
  • Transparent Communication – Keeping our clients fully informed is one of our beliefs. We’ll make sure you’re never left in the dark about your case.
  • Individualized Approach – Our strategies for each case we take are tailored to their specific needs. In line with this, we take our personal approach further by also creating helpful resources for various demographics to stay safe on the road, like this senior driving guide.

Don’t let an accident leave you feeling lost and unsure. Contact us today for a free initial consultation. We’ll answer your questions, assess your case, and guide you through your options with care and clarity. You deserve a strong legal advocate on your side—let us help.

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 can cause head-on collisions, sideswipes, or rollovers.
  • Single-Vehicle Accidents – Straying from lanes, hitting curbs, or colliding with objects can 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.
If you find yourself injured in any of these accidents, you’ll need a dedicated legal advocate by your side. California lawyers specializing in elderly driving accidents can investigate, gather evidence, determine fault and liability, and fight to achieve the best possible outcome for your claim.
Common Accidents Involving Elderly Drivers In California
Emperatriz Ayala
Emperatriz Ayala
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My husband had an accident 2 years ago, a 85 years old man hit him, the Arash law group works very well on my husband case that took 9 month and he won the case and my husband was happy with the results. A year later I got into an accident as well and I’m still waiting in my case is almost resolving and it’s 9 months already. This people knows the law and they do their job right to help you out in getting the most for you to fight on your behalf. I strongly recommend the Arash Law firm they do things right in a efficient and professional manner.
Chris Zavala
Chris Zavala
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Had a great experience with all the people at Arash law. Long story short was in a bad car accident. It was overwhelming and the whole process was a lot, but they kept me in the loop. They answered all my questions and gave me great advice. Couldn't be any happier. Would definitely recommend anyone looking for a personal injury lawyer. They'll guide you through the whole process!
Jill Smith
Jill Smith
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Having Arash Law handle my auto accident was the best decision I could have made. Everyone I interacted with was kind, professional and detail oriented. I am extremely happy with the outcome and would recommend them highly.
Joseph R. Porter
Joseph R. Porter
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From start to finish, Arash Law firm is there every step of the way with close, constant, personal contact and attention. I never knew a Law firm could actually care so much for me as a person and what I was personally going through as well as the settlement I was going to recieve once my case was finally completed. Thank you to everyone at Arash Law for your ongoing support and communication. You are the ONLY firm I will ever recommend to someone who is need of a great attorny.
Monica Parra
Monica Parra
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I had an excellent experience with Arash Law. I will definitely recommend to my family and friends. I interviewed a few firms before deciding to work with Arash Law. What made my experience excellent was (i.e. head attorney being accessible to talk to and he answered all my questions and concerns, sensitive and thorough personel who completed in home intake & follow up process, being connected immediately to quality Physicians who addressed my injuries and recovery process, clear contract-read throughly to ensure its something you can commit to). Being in a car accident is a traumatic experience and I had a sense of peace knowing Arash Firm was walking with me throughout the whole process. Thank you Arash Firm for all your hard work and help. I am so grateful and appreciative for you all! 🙏 With Gratitude, Monica Parra
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Determining Liability In Elderly Driver Car Accidents

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. Conversely, being old does not automatically translate to incompetence behind the wheel. ​​Like any other road user, an elderly driver’s individual behavior and compliance with traffic laws may also influence how liability is shared in an accident.

Damages For Elderly Driving Accidents

The legal process for recovering damages after an accident for an elderly driver is generally the same as with any other driver. However, the type and amount of damages you’re entitled to will depend on factors such as the severity of the accident, the degree of fault, the insurance policies of the drivers involved, and other case-specific details. Our skilled elderly driving accident lawyers in California will calculate how much your case is worth 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 best chance of securing fair compensation lies in effectively proving the extent of your damages and establishing the liability of the other party involved. Skilled elderly driving accident lawyers in California can guide you through these processes and ensure you receive maximum compensation. After all, recovering from an accident doesn’t just mean healing physically but also regaining the financial stability and peace of mind that you’ve lost.

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:
1
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.

2
License Renewal Rules

Drivers who are 70 years of age or older 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.

3
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
4
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.

Here are some risks to senior driving that our California elderly driving accident lawyers observe:

1
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.
2
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.

3
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.

4
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.

5
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, our elderly driving accident lawyers in California are here for you. We can help you determine liability and ensure you receive fair compensation for both the immediate and long-term effects of the accident.

What Should You 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.
Our elderly driving accident lawyers in California suggest taking these steps:
  1. 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.
  2. 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.
  3. 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.
  4. 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 damages, license plates, and any visible injuries. If there are witnesses, note their names and contact information as well.
  5. 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.
  6. Consult a personal injury lawyer. Reach out to our elderly driving accident lawyers in California for expert legal assistance. We can explain your legal rights and options and help you deal with the insurance claims process.
Elderly Driver Car Accident Statistics In California
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 specializing in elderly driving accidents as soon as possible helps 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 Federal Highway Administration (FHWA) reported that there were 4,692,272 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%), speeding (15.8%), right-of-way violations (11.3%), pedestrian violations (10.7%), and DUI driving (8.6%).
Frequently Asked Questions
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.
Most elderly driving accident lawyers in California work on a contingency fee basis, meaning you only pay if they win your case. Under this arrangement, there are no upfront costs since the lawyer’s fee is a predetermined percentage of the settlement or court-awarded amount. It makes legal representation accessible to those who might not be able to afford to pay hourly rates or retainer fees, ensuring that justice is within reach, regardless of one’s financial standing.
This arrangement also ensures your lawyer’s interests align with yours. Since their fees are directly tied to the success of the case, they are more motivated to secure the best possible outcome.
Yes, age doesn’t limit your right to seek compensation 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.
You deserve to be compensated for the stolen moments, the lost independence, and the disruption to the life you had planned. Our California personal injury lawyers can assert and protect your rights. They’ll help ensure that your age is neither a barrier nor a disadvantage in seeking justice.

Consult The Elderly Driving Accident Lawyers California Relies On!

Don’t let a car accident leave you cornered and voiceless. At Arash Law, we’ll fight hard to make your victory possible. Our California elderly driving accident attorneys have a track record of securing victories for our clients, even against tough odds.

Don’t settle for less than you deserve. Let us protect your rights and give you the peace of mind you need to move forward. Call us now at (888) 488-1391 for a free case evaluation. We serve clients throughout the entire state, with offices in counties like San Diego, Los Angeles, San Francisco, Sacramento, San Jose, and Riverside. If you’re not able to come to us, our lawyers can come to you.

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