What Happens if I Get into an Accident with an Elderly Driver?

April 12, 2021

Elderly drivers have lowered response times, Additionally, senior drivers may have ailments, such as senility or dementia, that leave them unable to navigate roads responsibly. Injured car accident victims will want to pursue their legal rights in terms of receiving compensation for their damages.

Due to pre-existing conditions or more fragile health, senior citizens are more apt to pass away in roadway collisions. Therefore, an at-fault elderly driver could both cause an accident and be fatally injured. This can happen in any crash setting, but it can sometimes make a victim question how to proceed with a claim or lawsuit.

An injured car accident victim can seek compensation, but determining liability may be difficult. For instance, some seniors can no longer drive because of physical or mental ailments. If a guardian or someone else gives them the keys to their car, the owner of the car could be held liable due to negligent entrustment. In other words, the car owner entrusted the vehicle to someone unfit to get behind the wheel.

While negligent entrustment is not always easy to prove, it can be one legal path for an accident victim. In Pennsylvania, proving negligent entrustment is difficult because car owners may opt in or out of certain insurance clauses that limit what they can claim after car accidents. Working with a personal injury lawyer to obtain necessary documentation can strengthen a car crash claim.

What Should I Do After an Accident with a Senior Driver?

The wisest route to take after getting into an accident with a driver, including a senior citizen, is to be proactive. Victims should take photographs or videos of the scene, get medical attention as quickly as possible, and cooperate fully with law enforcement. They should also avoid taking or placing blame at the scene.

Proving that the elderly driver was unfit to operate a car can be complex. A personal injury lawyer will have the resources and expertise to evaluate the case and determine the best course of action.

It is important to understand that age does not preclude a driver from being able to safely operate a vehicle. However, a senior citizen can be fully or partly at fault for causing a crash, so a victim should not hesitate to try to recover damages. After a collision, a victim should speak to a lawyer about their legal options.

Delaware County Personal Injury Lawyers at Eckell Sparks Counsel Severely Injured Car Accident Victims

Car accident cases involving senior citizens can be complex. If you were injured by a negligent senior driver, or you are a hurt elderly driver, a Delaware County personal injury lawyer at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can help. Complete our online form or call us at 610-565-3701 for a free consultation. Located in Media and West Chester, Pennsylvania, we serve clients throughout Delaware County, Chester County, and Montgomery County.