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.
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.
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.
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.