Elderly Related Car Accidents
South Florida is a popular place to retire, and there are a significant number of elderly drivers on the region’s roads. Aging unfortunately can lead to a decline in physical and mental abilities for some people. These may cause reduced mobility, health issues, or vision impairment, issues that increase senior drivers’ risk of car accidents. The Fort Lauderdale car accidents at The Law Offices have represented many victims of car accidents caused by elderly drivers in Palm Beach, Broward, and Miami-Dade Counties, as well as throughout Florida. If you’ve been injured in a car accident due to an elderly driver’s carelessness, you may be entitled to compensation.Filing a Negligence Claim in South Florida
Notwithstanding their ages, all Florida motorists must drive as an ordinary and prudent driver would drive in similar circumstances. Failure to meet this standard can lead to serious car accidents caused by careless actions. An elderly driver may be more prone to these types of behavior if he or she struggles with diminished physical and mental capacity.
To pursue compensation for an accident caused by a senior driver, a victim usually files a negligence claim. This type of lawsuit requires the victim to show that the elderly driver had a duty of care to drive safely, breached that duty with some careless action, and caused the victim injuries or damages as a result of the breach. Examples of a breach might include failing to yield at an intersection, running a red light, or failing to reduce speed during a storm. Even if the victim was partly responsible for the accident, Florida’s comparative negligence rule allows recovery of a damage award proportionate to the defendant’s fault. This means that a victim who was 60 percent at fault for his or her injuries can recover 40 percent of the costs from a defendant who bears the remaining responsibility for the crash.
Damages following a car accident can be both economic and non-economic. Economic damages consist of objective harms such as lost wages, medical expenses, and property damages to a vehicle. Non-economic damages consist of relatively subjective harms such as pain and suffering. To have a chance of receiving compensation, an accident victim must file a negligence claim within four years of the accident. Otherwise, a court may not allow the victim to assert his or her rights.
In the tragic case that someone is killed by a negligent elderly driver, certain family members may be able to pursue a wrongful death claim that holds the defendant accountable for the death of their loved one. A wrongful death lawsuit must be filed within two years of the fatal crash. Damages may extend from medical and funeral expenses to loss of earning capacity, pain and suffering of the deceased before death, and loss of companionship, consortium, or support.Dedicated Representation for Car Accident Victims in Miami
If you have been injured in an accident involving an elderly driver, you should not hesitate to protect your rights. The Miami car crashs at The Law Offices have the knowledge and skill to pursue your claim and devise a strategy to help you seek the compensation that you deserve. Please call (877) 499-4878 or contact us online to set up an initial consultation at no cost to you.