There are many issues to consider when a senior citizen is involved in a car accident. Who is at fault? Was the driver competent to operate a motor vehicle? Who was injured, and how badly? Were there pre-existing injuries? What is fair compensation? These questions can be complicated.
When the Senior Citizen is at Fault
Age alone does not make someone more liable if they cause an accident, as long as the driver has a valid license. Many states, including Texas, have stricter rules for senior citizens to obtain or renew a license to weed out those with underlying medical issues. These rules may include getting licenses renewed more frequently and in person as well as vision and medical tests.
Can Children be Liable for Parents’ Accidents?
Children are generally not liable for their parents’ car accident as long as the parents were driving their own car. That said if you are concerned that an elderly relative is unfit to drive, you can file a DPS Examination/Investigation Request. Talking to someone about giving up their driving privileges can be tough. If you have to have that conversation, remember that it doesn’t have to be an all or nothing discussion. Maybe the driver can accept some self-imposed limitations, such as not driving at night or on certain roads. The Mayo Clinic offers some helpful advice to help seniors drive safely.
When the Senior Citizen is the Victim
Being involved in an accident can be overwhelming for anyone. Senior citizens may end up being taken advantage of or denied fair compensation. After an accident personal information must be shared in a police report. It is important to protect a senior citizen’s rights and private information.
Compensation for Injuries
Senior citizens may suffer more severe injuries in a car crash than a younger person might from the same accident. They are legally entitled to compensation for whatever injuries result from an accident, regardless of their health beforehand. A well-known legal doctrine known as the “eggshell rule” establishes that a when someone injures another person, they have to take the victim as they are. Any injuries caused by the accident should be compensated, even if they only aggravate existing conditions.
Compensation for Time Lost
A senior citizen may be entitled to less compensation for time lost, as many are past working age and do not earn income based off current activities. This can vary in each case, but generally seniors do not receive as much compensation for lost time as those currently in the work force. In addition, a senior citizen is less likely to have dependents relying on them for care or support. Those facts may lower the amount of financial compensation.
Compensation for Death
Unfortunately, if a senior citizen dies in an accident their family may receive less compensation due to the shorter life expectancy of the victim before the accident. In addition, a senior citizen is less likely to have dependents relying on them for care or support. Those factors are considered when determining damages after an accident. A car accident lawyer can make sure that these factors are given proper consideration and that proper compensation is awarded justly in accordance with the law.
Get the Right Help
After an accident, a senior citizen may need additional support for mobility or even emotional issues. It can be challenging to be a good caretaker for them while dealing with all the other issues that may arise. Just as a good doctor knows the best ways to keep them healthy, a good car accident lawyer knows the best ways to protect their rights.
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