Accidents can leave you with serious injuries, considerable pain and suffering, and no way to pay for sudden bills. If you are involved in a car accident with an elderly driver, the West Palm Beach car accident lawyers at Anidjar & Levine can help you understand your rights and explore your options.
How Elderly Drivers Cause Accidents in West Palm Beach
Today, about 16% of West Palm Beach’s population is elderly, and the state of Florida is known for being a good place to retire. In many cases, elderly people can still drive well when they first retire in Florida, but as they age, their impairments increase. They may not be able to see as well, and they may react more slowly than a younger person would respond to an unpredictable event on the road. This may mean that due to an impairment they cause accidents, or it may mean that they are more subject to getting hurt due to someone else’s negligence because they cannot react quickly enough to danger.
Our Lawyers Can Help You Hold Negligent Elderly Drivers Accountable for Your Injuries
Of all the states, Florida has the highest number of fatal car accidents involving people who are 65 or older. The state requires drivers who are 80 years old or older to pass a vision test in order to renew their licenses.
Suppose an elderly driver’s impaired faculties cause an accident in which you are hurt. In that case, you need to show the elderly driver’s duty of care to you, a breach of that duty, actual and proximate causation, and actual damages. The same elements apply if you are an elderly person trying to prove someone else’s negligence. You’ll likely need help from one of our West Palm Beach personal injury lawyers to establish fault.
Elderly drivers owe the same duty of care that all other drivers in Florida owe. They must submit to the mandated vision test, wear correct lenses, and obey traffic rules, such as yielding appropriately and following the speed limit. In general, they must refrain from engaging in conduct that would pose foreseeable risks of harm to those around them.
Several Factors May Affect Your Elderly Driver Car Crash Claim in Florida
In many cases, an elderly driver who is injured may take longer to recover from a car accident than a younger person. His or her medical case may involve more complications, such as a greater potential for infections. While an elderly person’s medical health may bear on the case or the degree of damages, in general, the defendant is responsible for injuries suffered even if the fact that the elderly person has medical problems means he or she suffered a more significant or unusual injury than the average person would have in the same type of accident. This is known as the eggshell plaintiff rule, which means that a defendant takes the plaintiff as he or she finds him.
An accident victim is required to mitigate his or her damages, however. If there is something that an injured person could have done to reduce the severity of the harm, such as going to the doctor right away or entering into physical therapy, he or she is expected to do that. The defendant is not expected to pay for damages that reasonably could have been avoided by the plaintiff.
Explore Your Options After a Car Accident with a West Palm Beach Attorney
After an accident that you believe may have caused you an injury, you should see a doctor right away. You should also consult an attorney. If an elderly driver caused an accident in West Palm Beach that harmed you, our experienced injury lawyers may be able to represent you in a claim for damages. Call Anidjar & Levine at 800-747-3733 or set up a free consultation via our online form.
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