There is no upper age limit for driving in Athens, Georgia. Unfortunately, it is common for older adults to lose their safe driving ability. Many older adults face physical and cognitive challenges, which can contribute to road accidents.
Elderly drivers are primarily involved in car accidents when turning at intersections, mostly against oncoming traffic. Like other crashes, car accidents involving elderly persons result in severe injuries and fatalities.
You may be entitled to compensation if you’re injured in a car accident caused by an older person. Even so, you must prove that their negligent actions contributed to your injury-related losses.
Therefore, you should work with a legal professional for guidance on protecting your rights as an injured victim. A car accident lawyer can evaluate the circumstances of the crash and explain your legal options for pursuing compensation for your losses.
When Should an Elderly Person Stop Driving?
Elderly drivers often face challenging decisions regarding their ability to continue driving safely. As individuals age, changes in physical and cognitive abilities can impact their driving skills, posing a potential risk to themselves and others on the road.
Driving requires quick reflexes, sharp vision, and cognitive abilities to make split-second decisions. As individuals age, these skills may diminish, increasing the likelihood of accidents.
Elderly drivers might struggle with reduced reaction times, limited mobility, and decreased vision, posing a danger to themselves and other road users.
In Athens, GA, specific age-related regulations are in place to ensure the safety of all road users. For instance, drivers aged 64 and older must pass a vision test each renewal period. These regulations aim to protect not only the elderly drivers themselves but also other individuals on the road.
You should contact a car accident attorney if you suffered an injury in a crash involving an elderly driver. They can investigate the crash, gather evidence, and pursue compensation on your behalf.
Elderly Drivers Causing Accidents
Driving is usually a routine task, and many people do not consider what safe driving is. Many physical and cognitive factors are instrumental when you’re behind the wheel.
Elderly drivers will experience changes in their health and mobility, influencing their ability to drive safely.
Some of the factors that limit a driver's ability to operate a vehicle include:
Troubled Hearing
Driving safely requires all your senses to be sharp, especially your hearing. Hearing impairment can significantly impact your ability to react to auditory cues on the road, such as emergency vehicle sirens or honking horns.
For elderly drivers, trouble hearing can lead to missed auditory signals, increasing the risk of accidents. Hearing difficulty can impede communication with passengers and other road users in noisy and chaotic driving conditions.
Individuals with hearing issues may struggle to hear approaching vehicles or fail to detect sounds indicating potential hazards, like screeching tires, which can lead to delayed reactions.
Slower Reaction Time
As people age, their reaction times tend to slow down. Slow reaction time, a natural effect of aging, can have significant implications on road safety. Slower reaction times in elderly drivers can lead to an increased risk of road crashes.
When faced with sudden situations on the road, such as unexpected stops or obstacles, an elderly driver's delayed response can result in accidents.
In such instances, a car accident attorney can apply their investigation skills to identify slow reaction times as the cause of a crash. For example, they can use a video surveillance camera to demonstrate that a delay in braking or swerving contributed to the collision.
Cognitive Changes
Elderly individuals may experience cognitive changes that can impact their ability to drive safely. These changes, such as memory problems, decreased attention spans, and diminished decision-making skills, increase the risk of vehicle crashes among older drivers.
As cognitive functions decline with age, tasks that require quick thinking and coordination, like driving, become more challenging for seniors.
Furthermore, age-related cognitive impairments can affect a driver's awareness of their surroundings, making it harder to detect potential hazards on the road. Reduced situational awareness can lead to errors in judgment and an inability to react promptly to dangerous situations while driving.
How Much Is My Car Accident Injury Worth
Athens, Georgia, laws allow you to pursue compensation if injured in a car accident caused by an elderly person. Moreover, your ability to recover from the injury depends on the settlement value you obtain for your losses.
There is no average value you can expect from a car accident claim. The outcome depends on the facts and circumstances of your crash.
Here are the factors that affect the value of a car accident claim:
Severity of an Injury
More severe injuries often lead to higher settlement amounts due to the increased impact on the victim's quality of life.
For example, injuries such as traumatic brain injuries, spinal cord damage, or multiple fractures typically result in extensive medical treatment, ongoing rehabilitation, and long-term care needs.
As a result, the financial compensation sought for severe injuries results in a higher settlement to cover current and future losses. A car accident lawyer can use medical records to prove the extent of your injuries and fight for a fair settlement value.
Duration of Recovery Period
The duration of the recovery period or treatment plan impacts the settlement value of a car accident involving an elderly driver. Longer recovery times translate to higher medical bills, lost earnings, and ongoing treatment needs.
A lengthy treatment plan can contribute to a more substantial settlement amount to cover these expenses and ensure proper care for the elderly individual.
A prolonged recovery period can also indicate more severe injuries, impacting the overall compensation. An experienced car accident attorney can gather evidence and prove how an extended treatment plan led to a higher loss.
Shared Liability
In Athens, GA, shared liability is a concept in car accidents that helps solve crashes involving multiple parties. This principle states that each party involved in an accident shares a portion of the blame based on their actions leading to the incident.
Shared liability directly impacts the settlement value of your car accident claim.
When determining shared liability in a car accident, the court examines the actions of all parties involved to assign a percentage of fault. This percentage directly affects the final settlement amount you may receive.
For example, if the court finds you 20 percent at fault for the accident, it will reduce your settlement by 20 percent.
The at-fault party's insurer can take advantage of the rules by shifting blame based on shared liability laws. A car accident attorney can use evidence to protect you from being falsely accused of being liable for the crash.
Availability of Evidence
Substantial evidence in a car accident claim involving elderly drivers can significantly enhance the claim's value. Insurers are likely to make a higher settlement offer if you have stronger sources of evidence.
Here are a few sources of evidence that can influence the value of your claim:
- Police Reports: A police accident report filed by an officer has details of the crash, including weather and road conditions at the time of the incident
- Witness Testimonies: Eyewitness accounts can offer valuable insight into the events leading up to the accident and help corroborate the facts presented in your claim.
- Medical Records: Documentation of any injuries sustained in the accident and medical treatment received can serve as concrete evidence of the physical impact of the collision.
- Vehicle Damage Reports: Inspections and assessments of the vehicles involved in the accident can provide evidence of the extent of damage and help reconstruct the sequence of events.
- Photographic Evidence: Photos of the accident scene, vehicle damage, road conditions, and injuries can provide visual evidence to support your claim.
- Electronic Data Recorders (EDR): EDR data from vehicles involved in the accident can offer insight into speed, braking, and other factors leading up to the collision.
- Professional Analysis: Testimony from accident reconstructionists can clarify technical details and provide a professional opinion on the cause of the accident.
- Driving Records: A car accident lawyer can use the elderly driver's driving history, including any past traffic violations or incidents, to establish a pattern of behavior that may have contributed to the crash.
A car accident lawyer can rely on evidence to improve their position during settlement negotiations, leading to a higher settlement value. They may also use the above evidence to present a compelling case before a judge or jury.
Insurance Coverage of the At-Fault Party
The at-fault party’s insurance coverage may have limits restricting the amount of money you can receive. The limits of the insurance plan mean you may only receive compensation up to the maximum coverage amount.
A car accident attorney can provide advice on how you can obtain compensation beyond the insurance coverage limit. They can negotiate with the insurance company, gather evidence to strengthen your case or litigate it in court to secure the compensation you deserve.
Compensation for a Car Accident Caused By an Elderly Person
When you or a loved one is involved in a car accident caused by an older adult, the resulting losses can be significant and life-altering. Personal injury laws in Athens, Georgia, allow you to pursue compensation so you can recover and move forward.
Here are the types of damages you can obtain after a car crash:
Medical Expenses
You’ll incur medical expenses during your recovery from the injury.
A personal injury claim or lawsuit allows you to recover the following medical expenses:
- Medication
- Hospitalization charges
- Physician bills
- Physical therapy
- Special supplies and equipment
- Ambulance fees
- Emergency room charges
A car accident lawyer can use medical documents to pursue compensation for these losses.
Lost Income
If you or a loved one cannot work due to injuries sustained in a car accident, you may be entitled to compensation for lost income. These damages include earnings lost during recovery and future income if the injuries lead to long-term or permanent disability.
You can prove lost income using pay stubs, tax returns, a letter from your employer, and bank statements.
Pain and Suffering
The physical pain and emotional suffering endured as a result of a car accident can be immense. Compensation for pain and suffering addresses the emotional distress, trauma, and physical discomfort experienced, providing some measure of solace during a difficult time.
Emotional Anguish
In addition to physical injuries, car accidents can also result in significant emotional anguish. A permanent disability diagnosis can trigger emotional distress. You may also experience anxiety, depression, post-traumatic stress disorder, and other mental health issues following a traumatic crash.
You can seek compensation for emotional anguish, allowing access to necessary support and treatment to manage these psychological challenges.
Loss of Companionship
If a car accident caused by an elderly person leads to the loss of a loved one, you can seek compensation for the loss of companionship. These damages address the loss of support, care, and guidance the deceased loved one provided.
A car accident attorney can use journals, photographs, or letters to offer insights into the emotional and practical aspects caused by the death or injury.
Reduced Quality of Life
A car accident can significantly impact your quality of life, limiting your ability to engage in daily activities, pursue hobbies, or enjoy relationships.
You can pursue compensation for reduced quality of life to regain some sense of normalcy and access the resources for adapting to any permanent changes resulting from the accident.
Get Legal Support If Injured in a Car Accident Involving an Elderly Person
You may endure an expensive treatment plan or lose productivity after being injured in a car accident involving an older adult. Although you may be entitled to compensation, you may face resistance from the at-fault party's insurer.
You’re also at risk of accepting a low settlement offer if you don’t understand the value of your losses. A car accident attorney can establish the value of your damages, negotiate with the insurer, and represent you in court if necessary.
Get in touch with a car accident lawyer for legal support.