Elderly Drivers

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.

Queens Elderly Driver Accident Attorneys

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) 524-3398 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) 524-3398 or use the online form to set up a free consultation.

Testimonials

    To this day, I am so grateful for attorney Cassisi's help and how his staff would answer every little question I had throughout the case. They were so professional, polite, and understanding. Thank you again!

    - J.R., Prior Client

    First and foremost, I would like to say that John Cassisi is the most dedicated attorney, who is available to speak to his clients, day or night. His staff makes sure to answer all the questions and resolve any necessary issues that clients have.

    - P.P., Prior Client

    John Cassisi and his staff were so accommodating throughout my case. I owe them my life because getting in contact with them gave me an opportunity to return to my normal life and obtain a substantial award! I would tell everyone, go.

    - F.R, Prior Client

    Mr. Cassisi was so attentive, especially with my 7-year-old child. His staff was super accommodating when scheduling office visits. We couldn’t be happier with the professionalism and┬ákindness of Mr.Cassisi and his staff.

    - L.A., Prior Client

    Thank you, Mr. Cassisi and your staff for all the personal attention to win my case which resulted in a $175,000 settlement.

    - F.L., Prior Client

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