Elderly Car Accident Lawyer Los Angeles
Getting involved in a motor auto accident is never entertaining. The impact afterward can be draining and devastating, especially if you are faced with uncooperative drivers and insurance agents. Generally speaking, those who have been hit by negligent drivers want to get the process over with as quickly possible, however unfortunately, legal action does take time. If you are a victim of a car accident, you should pursue your rightful compensation from the liable party. In many cases that do involve elderly drivers, you should retain the services of a skilled personal injury attorney in Los Angeles to ensure that you earn what you deserve.
Elderly Driver Accident Statistics
In just in 2015 itself alone, there was more than 6,800 older adults were killed and more than 260,000 were treated in emergency departments for motor vehicle crash injuries. This amounts to 19 older adults killed and 712 injured in crashes on average every day.
It will be in your best interest to have your attorney prove that there was a problem with the elderly driver, whether with poor eyesight or a history of similar accidents. Mistakes are more likely to be glossed over, but repeat offenses can result in closer scrutinizing and heavier damages. Also, if an elderly driver is aware of certain issues with himself but does not take any steps to correct them, he can be viewed as willingly placing others in danger while on the road.
A statistic shows that the number of seniors involved in multiple-vehicle crashes at intersections grows exponentially for individuals ages 60 to 64. Multiple-vehicle crashes accounted for 40 percent of fatal accidents in drivers age 80 and older compared to 20 percent of drivers ages 16 to 59.
Elderly Drivers Cause More Deadly Crashes than Teens
Compared with drivers ages 20-69, fewer people 70 and older are licensed to drive, and they drive fewer miles. However, older people now keep their licenses longer and make up a bigger proportion of the population than in past years as baby boomers age. The number of licensed drivers 70 and older increased 48 percent between 1997 and 2016. The proportion of the 70-and-older population with licenses went from 73 percent in 1997 to 81 percent in 2016.
If you have been struck by an elderly driver, you should reach out to our law firm for more assistance. We will do all we can to help you secure a fair settlement from the insurance agency.
Furthermore, elderly drivers are more likely to get into car accidents than those who are younger than them for a magnitude of reasons. However, it should be noted that, statistically, these drivers are involved in fewer crashes – although that number is partially skewed because there are not as many elderly drivers on the road as there are those in the 18 to 64 age bracket. Regardless, elderly drivers may crash due to the following studies conducted:
The study finds, that drivers 65 and older are 16 percent likelier than adult drivers (those 25 – 64 years old) to cause an accident, and they pose much less risk to the public than do drivers under 25, who are 188 percent likelier than adult drivers to cause an accident. However, older drivers are highly vulnerable to fatal injury in a crash. These findings offer little support for stricter licensing policies targeting older drivers but offer some support for policies to improve driver safety for seniors.
Mobility problems: Elderly drivers who have had complications with mobility, such as bad hips, weak legs, stiff joints in the arms, and more, may be at higher risk of accidents. They will find it more difficult to fully and adequately operate the vehicle. For example, an older man with a stiff or unresponsive shoulder may be unable to turn the wheel fast enough or far enough to avoid a crash.
Vision issues: Poor eyesight may be present in drivers of all ages, with few people getting the contacts or glasses they need to correct their vision. However, as individuals age, they become more susceptible to various eye troubles, such as glaucoma, cataracts, and macular degeneration. Even conditions like diabetes can contribute to vision problems. The inability to see traffic lights change, objects in the road, and other drivers’ intentions can create numerous issues.
Mental impairment: Some elderly drivers remain adamant that they are capable of driving, but mental issues may arise and make it a positively dangerous activity. Those with Alzheimer’s, dementia, and other mental impairments may have an episode while behind the wheel. This can result in disastrous consequences.
Lack of physical reaction time: Driving always takes places at fairly moderate speeds, and it is a necessity that drivers be able to react to sudden changes and hazards in the road, such as blown tires, animals, children, stopped traffic, and more. Elderly drivers whose reaction times have dwindled can get into many more crashes than younger individuals. For instance, when backing out of a driveway, elderly drivers may not pay attention to oncoming traffic or be able to react to a passing car.
Cause of Elderly Accident
All of these issues can lead to accidents and numerous injured parties. Some of the causes of the crashes can be found below.
Mistakenly accelerating or braking
Ignoring right of way laws
Running red lights
Riding in the wrong lane or driving on the wrong side of the road
Failing to signal
Failing to stop or yield
Proving Negligence of An Elderly Driver
If you contemplate to file a lawsuit to receive compensation for your damages stemming from a car accident, you must be able to show that the other driver was negligent in his actions. Furthermore, you must prove these four points for your claim to be successful in your case:
The breach was the outcome of an accident
You were owed a duty of care
The accident led to physical injuries
The duty of care was breached
The last point regarding injuries is one of the most important aspects of a negligence-based claim. If you were not hurt in the crash, you would be unable to sue for personal injury damages, and thus, would not be able to receive compensation for medical bills or pain and suffering. You would only be able to have your lost wages and property damage compensated.
Insurance Coverage For Elderly Drivers
In some case scenarios, elderly drivers are involved in numerous accidents over a short span of time. This can be the result of a deteriorating health condition endured, a defect with the car that is not addressed or fixed, or an inability to safely drive anymore. Because of that outcome, it is common for insurance companies that may balk at the prospect of covering these drivers, and they will not provide coverage because of the risk involved. Because of that time, the drivers are unfortunately left with no choice but to operate their vehicles with no insurance.
This can be extremely drastic especially if an accident does occur, because you will not have a reliable way of securing compensation if the elderly driver has no insurance coverage. You may be able to file a claim with your own provider if you are eligible for uninsured motorist coverage, but it will likely be a long battle.
How do age-related changes affect driving ability?
Specific physical, cognitive and visual abilities may decline with advancing age. However, there are large individual differences in the onset and degree of functional impairments, so age alone is not sufficient information to judge driving ability.
What Would My Claim Be Worth?
The value of your accident claim with an elderly driver will be determined according to a few factors. The insurance agent responsible for handling your claim will consider the extent of your injuries and how impact they were on your life and career. If the damages were particularly severe, your case may be worth a lot more than if you were not badly hurt at all Your age will also play a role, and other potential damages, such as property damage, will be weighed as well.
In order to secure the maximum compensation for your accident claim, you should enlist the services of a skilled attorney with experience in lawsuits against elderly drivers. Our team of attorneys will be able to negotiate a fair deal with the insurance agency. We will make sure that you are not mistreated or given a low amount that would not cover anything.
We Fight To Recover Your Remedies
Based on the specifications of your case - the details of the accident, how severe your injury was, it is ultimately going to determine what you could be entitled to sustain based on your case. However, what you can be compensated for if your case prevails can often be put into several different categories.
The categories of compensation can include:
Medical bills: Should you win your case, you could be awarded compensation for medical bills you’ve had to pay as a result of your injury. This includes both past and future bills stemming from the injury, and can potentially cover expenses such as transport or in-home rehabilitation services.
Lost wages: Lost wages can be awarded if your injury has caused significant missed time at work, or has made you unable to perform your job. You could be entitled to even more lost wages if the injury leaves you permanently disabled and unable to find consistent work.
Pain and suffering: In some cases, the damages endured from physical pain and emotional suffering can be compensated to pay for therapy treatments.
Punitive damages: Punitive damages are awarded in more extreme cases, wherein the injury was caused by someone’s recklessness. They are awarded to try and dissuade the defendant and others from acting with that level of recklessness again.
No Recovery. No Pay. Until You Win.
Contact a Los Angeles Personal Injury lawyer in Los Angeles to schedule a free, no obligation initial case evaluation at 1-424-256-9055. Our Personal Injury Attorneys in Los Angeles will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!
Lawyer Referral Service
If you are in a need a Los Angeles Elderly Car Accident lawyer to help you get appropriate compensation and medical care you deserve, you should contact an auto accident lawyer today. Our experienced auto accident lawyers in Los Angeles will help you overcome your Elderly Car Accident injury or damage.
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