Elderly Related Accidents
If you have been hurt in an automobile accident that was not your fault, you may be entitled to compensation for your injuries. Some of these wrecks happen when a senior citizen gets behind the wheel while coping with his or her reduced vision and reaction time. At Miller Legal Services, our capable car accident attorneys have guided many people in the Marietta area through personal injury claims, and we can help you as well. We can assess the details of your case and pursue the maximum possible compensation for your harm.Holding a Negligent Elderly Driver Accountable for Compensation
According to the Centers for Disease Control and Prevention (CDC), there were 33 million licensed drivers aged 65 and older in the United States in 2009. While elder drivers are at higher risk for being injured in automobile accidents, they also may pose an elevated hazard to other drivers on the road. For many senior citizens, driving can be a challenge due to natural declines in vision and reaction time that can contribute to mistakes on the road. In the state of Georgia, if a driver is over the age of 65, he or she is required to take a vision test. The National Traffic Highway Safety Administration (NHTSA) reports that older drivers often struggle to detect still objects and moving objects, which can affect their perception of vehicles and pedestrians.
An accident victim who has been hurt by someone else’s carelessness can seek compensation for his or her harm by filing a negligence lawsuit against the at-fault party. A negligence claim in the context of a car wreck alleges that the defendant, usually another driver, failed to use reasonable care in his or her actions or inaction. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. For example, a reasonably prudent driver would drive at a safe speed and obey traffic laws. If a driver failed to do this and caused an injury to another person as a result, that individual likely would be liable for any resulting harm because he or she failed to use reasonable care.
In order to establish negligence, therefore, a victim usually must establish the following elements:
- The defendant owed the victim a duty of care;
- The defendant breached the duty of care, such as by texting while driving, failing to obey a traffic signal, or engaging in other careless conduct behind the wheel;
- The defendant’s breach caused the accident; and
- Quantifiable damages resulted for the victim.
If negligence is established, the plaintiff may be able to recover many forms of compensation, including past, present, and future medical expenses, lost income and benefits, pain and suffering, property damage, and any other costs arising from the accident. It is important to note that both economic and non-economic types of damages may be available.Explore Your Options with a Marietta Attorney after an Auto Accident
Combining compassion with zeal, the injury lawyers at Miller Legal Services are dedicated to helping Marietta victims and their families seek compensation for the harm they have suffered. We can help you navigate the legal process and address any questions or concerns you may have. Our clients have come from throughout Georgia, including cities such as Roswell and Smyrna. To learn more about your options, call us at 770-284-3727 or contact us online.