If you or a loved one has been struck by a careless elderly person behind the wheel, the car accident lawyer at The Cassisi Law Firm can help you pursue compensation for your harm.



Pedestrian Accident

$1.1 Million

Our client was injured in a pedestrian accident.

Car Accident


Our client was injured while being a passenger in a car that was struck.

Slip & Fall


Our client was injured in a slip and fall accident.

Construction Accident


Our client was injured after being involved in a forklift accident.

Construction Accident


Our client was injured in a construction accident at a housing development.


Accidents Caused by Elderly Drivers

Car accidents may occur due to a variety of factors, but often a driver has failed to pay proper attention to the road or behave in a reasonable manner. Accidents caused by senior drivers happen frequently because the aging process dulls the ability to react to road conditions promptly.

For three decades, the experienced lawyer has represented injured individuals in New York City and beyond. Contact the office by dialing 718-441-5050 or completing the online contact form.

Can An Elderly Driver Be Held Liable In A Car Accident?

An accident caused by an elderly driver may subject that person to legal liability if they are deemed negligent. Mental and physical capabilities often decrease as we age, but the age of an individual alone does not determine their driving ability. New York law provides a claim for negligence against any driver who breaches a duty of care, causing an accident that results in injuries and damages.

What Is Considered Negligence?

Negligence is a term for careless or reckless behavior that causes or contributes to an accident. Since all drivers have a duty to operate their vehicles reasonably, if a driver fails to do so, they may be considered negligent.

Proving Negligence

To prove negligence, there are four main elements.

  • First, the plaintiff must show that the defendant owed them a duty of care.
  • Next, there must be a breach of this duty of care, meaning that the defendant did not take the appropriate precautions in the circumstances.
  • Third, this breach must have directly caused the accident.
  • Finally, there must be quantifiable damages that can be compensated, often including both economic and noneconomic forms of harm.
What If The Driver Was On Medication?

Some older drivers suffer health problems that affect their ability to drive safely. Others may feel the results of medications that cause drowsiness or adversely affect their ability to safely drive their car. A senior driver, like any other motorist, still must act with ordinary and reasonable care in a manner that will not cause foreseeable harm. Driving while under the effects of medication may be considered negligent because it increases the risk of causing a collision.

Seeking Compensation After An Accident

After showing a breach of the duty of care, the victim must prove that the accident was a foreseeable result of the defendant driver’s negligence. In other words, the accident likely would not have taken place but for the defendant’s careless conduct. The prevailing plaintiff would then seek damages, having put forth evidence proving quantifiable costs such as lost wages and medical bills. They may also be able to recover non-economic losses such as pain and suffering.

Consult An Attorney Today

By consulting a knowledgeable Queens attorney at The Cassisi Law Firm, you can receive guidance and representation for your claim against the careless driver who harmed you. The motor vehicle collision lawyer can provide personal attention and detailed advice concerning an accident victim’s legal options.

Call 718-441-5050 or use the online form to set up a free consultation.


Real People, Real Stories

The best of the best! I truly don’t know what I would do without the advice and guidance of John Cassisi and his law firm. I trust them implicitly and time and time again they have come through for my family and I and have helped us tremendously. I am forever grateful for everything they have done for us. If you need a firm you can trust that yields successful top notch results, look no further.

– Harriet D


The Cassisi Law Firm is a highly professional caring Lawfirm. My entire family has been clients of John Cassisi for over twentyfive years. He has become part of my family in many ways. I would recommend his firm to anyone and have. John Cassini always has his clients best interests at heart. Sincerely, The Adolino Family.

– Craig Adolino


My experience with TCLF was nothing but positive. My case was given individualized attention and Mr. Cassisi and his staff were extremely kind. When going through an already difficult time, knowing that my case was being handled by an attorney I could trust had my best interest in mind was very comforting.

– Latchmee Ramnarine


After a traffic accident it’s hard to know what to do or where to turn. I am so thankful for this law firm for their diligence and excellent consultation. The entire staff and professional lawyers came to my aid and helped me to navigate these dangerous waters of accident recovery and litigation. If you want top level service and the outcome you deserve these are the lawyers for you. They’re the best period.

– Askia Richen