Elderly Related Accidents
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. If you or a loved one has been struck by a careless elderly person behind the wheel, the Queens car accident lawyers at The Cassisi Law Firm can help you pursue compensation for your harm. For decades, we have represented injured individuals in New York City and beyond.Assert Your Right to Compensation From a Careless Elderly Driver
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.
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.
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.
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 a Car Accident Lawyer in Queens and Beyond
By consulting a knowledgeable Queens car accident attorney at The Cassisi Law Firm, you can receive guidance and representation for your claim against the careless driver who harmed you. Our motor vehicle collision lawyers provide personal attention and detailed advice concerning an accident victim’s legal options. Call us at (718) 441-5050 or use our online form to set up a free consultation. We also have represented accident victims in Brooklyn and the Bronx, as well as Suffolk and Nassau Counties.