Elderly Related Car Accidents

Elderly-Related Car Accident Attorneys in Miami

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 Miami car accidents at The Law Offices of Robert Dixon 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 of Robert Dixon 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.

Client Reviews
"Thank you to Robert Dixon & Kristopher Torres for an amazing experience handling with my first injury lawsuit. Very much hassle-free and down to earth experience working with this law firm. I would definitely use them again! My case was settled and I am satisfied with the results! Glad to have them fighting on my behalf." Diamond Epps
"This firm goes out of there way to make sure all of your needs are met. They are wonderful and within a year, my settlement was reached. In addition, I never waited more than a couple hours for someone to get back with me. I highly suggest this firm." Melissa Ellis
"I had the pleasure of working with attorney Torres when I was involved in a car accident last year. He was always checking up on me, always making sure that I was getting the proper treatment that I needed. Whenever I called the office everyone was so nice and willing to help me. I'm glad he was my attorney and thank you for such a wonderful service from you and your firm." Natalie J.
"I'd like to say that the Law Office of Robert Dixon has been great to work with since the inception of my case back in 2016. Robert and team made me feel rest assured that patience would constitute a much larger settlement and that truly was the case. ... I highly recommend this law firm for anyone needing help from a very compassionate team of hard workers. Thanks again everyone for this positive experience as this was my first time ever dealing with the courts or a law firm...." Paul Carlson
"Jodie, Jennifer and the WHOLE Team are AWESOME! Everyone I have spoken to, have been very professional, patient and kind. The ladies take their time to ensure you understand everything that is happening every step of the way. Each time I would have a question, they were available via e-mail or a quick phone call." Nathalie Perez