New York Elderly Related Car Accidents
According to research by the federal government continuing to drive after the age of 70 can be risky. As people age health issues are more likely to develop that effect a person’s reaction times, ability to see, ability to hear, ability to remember, and ability to concentrate. Furthermore, older people tend to take a lot of medications that may affect their cognitive abilities. As a result drivers over the age of 70 are more likely to cause serious accidents than younger drivers. Victims of accidents caused by seniors can have catastrophic results for pedestrians as well as other drivers. Victims of such accidents often suffer serious, life-threatening injuries such as a traumatic brain injury, broken or crushed bones, lacerations from broken glass, or a back or spinal cord injury. These types of injuries involve long recovery times, with the victim being unable to work for weeks or even months. However, under New York law victims of car accidents are allowed to seek compensation from the person whose negligence resulted in the accident. If you are in need of a New York Injury Lawyer because you or a family member was injured in a car accident caused by an elderly driver it is important to contact an experienced New York Elderly Related Car Accidents Lawyer who will help ensure that the person responsible for your losses is held accountable through a personal injury or wrongful death lawsuit.Common causes for elderly related accidents
Over the years there have been a number high-profile accidents caused by elderly drivers. Many of these accidents were caused by the driver mistaking the gas pedal for the brake. For example, in one case an 86-year-old driver pressed on the gas instead of the brake and drove through a farmer’s market killing 9 people. However, there are other causes for elderly-related accidents. Older drivers are more likely to:
- Drift into another lane
- Drive too fast or too slow
- Back up without looking
- Fail to yield right of way
- Fail to stop at red lights or stop signs
Oftentimes elderly related car accidents are caused by driver negligence. Negligence is the failure to use the care that a reasonable and prudent person would use under similar circumstances. To prove negligence, you must show that the elderly driver had a duty to exercise care; the elderly driver breached that duty; and as a result you were injured.
All New York drivers have a duty to exercise care on the road. This includes obeying the rules of the road and refraining from any potentially harmful actions while driving. If, for example, an elderly driver takes medication that causes him or her to be impaired and then collides into another vehicle, the victim may have a viable claim to recover damages for any injuries caused by the elderly driver’s negligence.
Just because the cause of a driver’s negligence is related to aging does not keep the driver from being held accountable for injuring another person.Pursuing a claim
If the negligence of an elderly driver caused an accident that resulted in your injuries, you can pursue a claim against that person for damages. The types of compensation that you may be able to recover if you file a claim against the negligent person include:
- Lost wages
- Medical bills including bills from the hospital, your doctors, prescriptions and bills associated with medical equipment
- Damage to your vehicle
- Pain and suffering
If a loved was killed in the car accident, you may be able to pursue damages through a wrongful death action.
Beware that New York law has a specific time limit for filing a claim in a personal injury case. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit. In addition, if the party responsible for your injury was a government entity then there are special procedures you must follow to file a claim.New York Elderly Related Car Accidents Lawyer
A personal injury lawsuit stemming from a car accident can be complicated, involving complex evidentiary issues related to fault. If you were injured in a car accident, contact an attorney who not only has experience handing car accidents, but is also familiar with the medical issues victims of such accidents experience. We will thoroughly investigate the accident by reviewing police reports, accident scene evidence, eyewitness accounts, cell phone records and social medial postings. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your car accident.