If an elderly driver caused your car accident, the claims process works largely the same way as any other accident claim, but you may have the added option of requesting a license or medical fitness evaluation for the other driver. Age alone does not establish fault, so the same evidence-gathering steps that apply to any crash still matter here.
According to NHTSA data, drivers 65 and older were involved in more than 8,000 fatal crashes in a single recent year, accounting for about one in five fatal crashes nationwide, a reflection of both a growing population of older drivers and the medical conditions that can affect driving ability. Hollis Law Firm helps clients understand their options after a car accident involving an older driver, whatever the circumstances may be.
What Should You Do if an Elderly Driver Causes Your Car Accident?
Car accidents involving elderly drivers are handled largely the same as other collision claims. However, you can take the additional step of requesting an evaluation of the potentially liable driver’s fitness to continue operating a vehicle. Depending on the circumstances, the driver may be referred for a license review, which can support your claim by documenting a pattern of concerns and may help protect others on the road. DMV personnel in your state can typically provide information on how these evaluations are requested.
We also recommend taking the following steps during your car accident claims process:
- Collect insurance information and witness contact information at the scene.
- File a police or crash report if you have not already done so.
- Seek medical attention and follow your provider’s recommendations for treatment.
- Avoid discussing the details of your accident or injuries on social media.
- Refrain from discussing your legal matter with others, including friends and family, beyond the basic facts.
- Contact a lawyer before accepting any settlement offer from an insurance company.
For further assistance with your next steps, we recommend contacting an attorney from Hollis Law Firm. We can support you in several ways throughout your claim, working toward fair compensation for your injuries and losses.
Common Causes of Accidents Involving Older Drivers
Age-related changes in vision, reaction time, and certain medical conditions can all contribute to crashes involving older drivers, though these factors affect each driver differently. Some accidents involving older drivers overlap with other categories of crashes we handle, including cases where a medical emergency behind the wheel played a role, such as a sudden loss of consciousness or a seizure. Others involve more ordinary negligent driving behaviors, like failing to yield or misjudging the speed of oncoming traffic, that could happen to a driver of any age. Identifying the specific cause of your accident helps determine what evidence will matter most to your claim.
What if Both Drivers Share Some Fault?
Not every accident involves one driver who is entirely at fault. Kansas follows a modified comparative negligence system, meaning your compensation can be reduced by your percentage of fault, and you may be barred from recovering damages if you are found 50 percent or more at fault. Our guide to what happens when both drivers are partially at fault in Kansas explains how this works in more detail, which can be especially relevant in intersection accidents or situations where an older driver’s slower reaction time is only part of the story.
What Compensation Can You Collect After a Car Accident?
If you have been in a car accident, including one involving an elderly driver, you may be able to recover compensation for your losses. Holding the liable party accountable is often possible, and you may be able to obtain recovery for damages such as the following:
- Medical expenses: Bills, ambulance rides, physical or occupational therapy, mental health services, and future medical care.
- Property damage: The cost of repairing or replacing your vehicle and other damaged property.
- Lost income: Wages lost due to time away from work, along with any reduction in your future earning capacity.
- Pain and suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
Other damages may also qualify for compensation depending on the facts of your case. We recommend working with an attorney from Hollis Law Firm to help identify other qualifying losses and estimate the value of your claim.
Hollis Law Firm’s Car Accident Lawyer Can Help: Get Fair Compensation
If you have been affected by the carelessness of others, especially in cases involving elderly drivers, navigating the legal process can feel overwhelming. Hollis Law Firm is committed to providing steady support for our clients as they work toward the compensation they deserve.
For questions about your specific circumstances, we encourage you to reach out to our team. We offer a free, no-obligation consultation designed to help you understand your options. Get in touch with us through our contact form whenever is most convenient for you.
Frequently Asked Questions About Accidents Involving Elderly Drivers
Is an elderly driver automatically at fault for a crash?
No, age alone does not determine fault. Liability is based on whether a driver acted negligently, such as by running a red light or failing to yield, regardless of how old the driver is.
Can I request that an at-fault elderly driver be re-evaluated by the DMV?
In many states, you or law enforcement can submit a request for a driver competency review if there is a documented concern about a driver’s ability to safely operate a vehicle. The process and requirements vary by state, so it helps to ask your attorney or local DMV office about the specific steps that apply where the accident occurred.
Can family members be held responsible for letting an unsafe older driver keep driving?
Family members are not automatically liable simply because of their relationship to the driver. In limited circumstances, a claim may involve a vehicle owner who knowingly allowed an unsafe driver to use the car, but this depends heavily on the specific facts and applicable state law.
What if a medical condition caused the elderly driver to lose control?
A sudden, unforeseeable medical emergency can sometimes affect how liability is assessed, but a driver’s known medical history can also work against them if they continued driving despite prior warning signs. These cases often require a closer look at the driver’s medical history and driving record.
Does my compensation change if I was also partly at fault?
Under Kansas’s comparative negligence rules, your compensation can be reduced by your percentage of fault, and you may be unable to recover if you are found 50 percent or more responsible. An attorney can help evaluate how fault may be allocated in your specific case.
