Even with years of experience behind the wheel, elderly drivers are responsible for thousands of vehicle collisions every year. According to the National Highway Traffic Safety Administration (NHTSA), there are over 40 million licensed drivers 65 years and older on the road. This number is likely to increase in the coming years, representing a significant share of cars on the road that can pose additional driving risks.
If you were injured in a wreck involving an elderly driver, reach out to our law firm today. When you hire our team, we will work to help you recover damages for lost wages, medical bills, and other financial losses. Call us for a free case evaluation.
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Potential Factors in Elderly Driver Accidents
When you are involved in a car accident with a driver who is 65 or older, you must assess whether or not that person showed negligence. In some cases, the onset of certain health issues can affect an elderly driver’s ability to safely operate a vehicle. Examples include:
- Vision issues caused by glaucoma and cataracts
- Mobility issues like muscle weakness, multiple sclerosis, and arthritis
- Alzheimer’s or dementia
- Hearing loss
According to the South Carolina Department of Motor Vehicles (SCDMV), all drivers renewing their licenses in South Carolina must pass an administered vision screening at the DMV or have an eye doctor submit the results from a recent eye exam. Still, an older driver can develop issues with sight before their next license renewal.
Although elderly drivers may exhibit some of the same negligent behaviors as drivers of other ages, certain actions may be more common. Elderly accidents often occur due to one of the following reasons:
- Driving below the speed limit
- Misjudging distances
- Unexpected braking
- Driving through a stop sign
- Making improper turns
- Reduced vision when driving at nighttime, dawn, or dusk
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Taking Action After a Car Crash Involving an Elderly Driver
If an elderly driver caused an accident and you suffered injuries as a result, an elderly driver accident lawyer in North Charleston can look into your case. You have a right to fight for compensation for your injuries when a negligent driver caused them. Vehicle accident lawyers from George Sink, P.A. Injury Lawyers may be able to assist you by:
- Collecting evidence to support your case
- Identifying all liable parties in a collision
- Managing and filing your insurance claim
- Taking your case to trial if necessary
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Liability for Accidents Involving an Elderly Driver
Different factors can impact a driver’s ability to operate a vehicle safely. In most accidents involving an elderly driver, negligence is to blame. Negligence refers to one’s failure to exhibit the care that a reasonable person would have under those same circumstances.
Regardless of age, all drivers in South Carolina have a duty to exercise due care on the road. This includes obeying traffic rules, passing a vision test conducted by a licensed medical provider, and refraining from harmful actions when driving. For example, if an elderly driver does not wear glasses when driving and causes an accident, the victim may pursue damages for their injuries.
In a personal injury case, it is your responsibility to prove that the elderly person behind the wheel was careless or intentionally harmful while they are driving. This is the only way you can recover compensation. To prove negligence, the victim must establish the following:
- A breach in duty of care occurred
- The breach caused the victim’s injuries
- Financial damages resulted from the victim’s injuries
Proving negligence will require you to look for evidence that supports your claim. Collecting the evidence necessary to build a solid case can take time and energy that you may not have, especially if you are still in recovery. For assistance with building your case, call George Sink, P.A. Injury Lawyers.
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Evidence in an Elderly Driver Accident Case
Various types of evidence may help you prove negligence in a case against an elderly driver. Your lawyer will conduct a thorough assessment and investigation using:
- Accident reports from law enforcement
- Your medical records, witness testimony
- CCTV footage
- Driving records
Such evidence can help to outline how an accident happened, whether or not the elderly driver acted negligently, and the types of injuries you suffered.
An accident attorney may also gather testimony from the close friends and family of the elderly driver to find out if they had concerns about the defendant’s driving before the accident happened. All of this information may support your claim that the elderly driver was responsible for the accident and is now liable for your damages.
Pursuing Compensation in an Accident Caused By an Elderly Driver
The most common way to seek damages after a car accident in South Carolina is through the negligent driver’s insurance company. By filing an insurance claim with support from a North Charleston elderly driver accident attorney, a victim can seek financial compensation for the damages they obtained. This may include:
- Current and future medical bills
- Lost wages
- Rehabilitation expenses
- Property damage
Although bodily injury liability coverage may cover the expenses from minor injuries, debilitating injuries often require more expensive treatment and care. If you are unable to receive the compensation you deserve through an insurance claim, you may want to pursue a lawsuit.
Get Help from a North Charleston Elderly Driver Accident Lawyer
The team from George Sink, P.A. Injury Lawyers investigates elderly driver accidents and assembles evidence on behalf of our clients who suffered injuries. Whether you are determined to push for compensation through an insurance claim or a trial, we may be able to help. Contact us today to schedule a free case evaluation.
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