Albany Elderly Driver Accident Lawyer

As we get older, several factors can affect our driving ability, such as slower reaction times, vision and hearing changes, and medical conditions. With people living longer and keeping their driver’s licenses, there are more elderly drivers on the road.

If an older driver hit you or a loved one in New York State, you might be eligible for compensation. The Albany car accident lawyers from Morelli Law Firm can investigate the accident, determine who is at fault, and negotiate with the insurance company on your behalf.

For more than 25 years, our legal team has represented clients in high-stakes cases, and we’re always ready to go to court to fight for them. If an older driver struck you, our Albany elderly driver accident lawyers can lead your case. Call us today for a free case review.

How Our Albany Elderly Driver Crash Lawyers Can Help You

Despite the precautions taken, sometimes there is nothing you can do to avoid an accident that was the other driver’s fault, even if the driver is older. Everyone assumes the duty of care while operating a vehicle on the road, and someone’s age does not change that.

Our Albany personal injury lawyers can handle all aspects of your driver negligence case from start to finish while you focus on your recovery. 

When We Represent Your Motor Vehicle Accident Case, an Attorney from Our Firm Can:

• Investigate the accident to determine what happened. 
• Gather evidence from the scene (including the police report, medical records, photos and video surveillance, witness statements, and expert testimony to support your case).
• Identify all negligent parties we can hold accountable (e.g., third-party liability, which includes other drivers or road users, a negligent auto manufacturer, a repair shop, a government entity, etc.).
• Assign a dollar value to your damages (economic and non-economic damages).
• Negotiate with the insurance company for a fair settlement.
• Keep you updated on your case’s progress.
• File all pertinent paperwork related to your case promptly.
• Take your case to trial if necessary.

We will answer your questions and update you on your case’s status. We can also handle your case on contingency. This means you don’t have to pay us upfront to hire us to represent you. You won’t owe us unless you win your case. Call Morelli Law Firm for a free consultation.

How New York’s No-Fault Laws Affect Your Elderly Driver Case

New York State is a No-Fault auto accident state. This means if you are in an auto accident, you must file an accident injury claim with your insurance company regardless of who caused the crash. 

Your personal injury protection (PIP) coverage will pay your medical bills and other out-of-pocket expenses up to your policy’s limits.

If your damages exceed the coverage limits of your insurance policy, you might be able to file an injury lawsuit against the at-fault driver if you qualify. The law under the No-Fault Insurance System requires that accident victims suffer a “serious” injury due to the accident. 

Serious Injuries in No-Fault Auto Accident Cases in New York 

Under New York’s No-Fault insurance laws, “serious injuries” are defined as injuries that meet specific criteria. Examples of serious injuries include:

• Bone fractures: Any broken bones.
• Significant disfigurement: Noticeable scarring or disfigurement.
• Permanent loss of use: Permanent loss of use of a body organ, member, function, or system.
• Permanent consequential limitation: Permanent limitation of use of a body organ or member.
• Significant limitation: Major restriction in the use of a body function or system.
• Full disability for 90 days: An injury or condition that prevents the injured person from performing their usual and customary daily activities for at least 90 days during the 180 days immediately following the accident.
• Death: Fatal injuries resulting from the accident.
• Loss of a fetus: Injury leading to the loss of a fetus.

These categories help determine eligibility for filing a personal injury lawsuit outside of the No-Fault system. Traumatic brain injuries and spinal cord injuries qualify as “serious injuries.”

We Will Handle Talks With the Auto Insurance Company for You 

Our Albany older driver accident lawyers know the state’s laws and can help determine if you meet the qualifications for filing a personal injury claim or lawsuit. It can be challenging to get insurance companies to cover your accident damages with an initial auto insurance claim.

Insurance adjusters use tactics to avoid paying you, including offering lowball settlements to make the case go away without paying your full damages. We know the strategies they use and can protect you from them. 

Our experienced personal injury attorneys will handle all negotiations with the insurance carrier. We will fight to get you the full compensation you deserve so you can focus on your recovery and moving forward. Letting us handle the insurer can give you peace of mind.

Available Damages in an Albany Elderly Driver Auto Accident

If you’ve been in an accident involving an older driver, you may be entitled to payment for:

• Medical expenses: This policy covers all hospital bills, medication, and rehabilitation. It also includes future medical care costs.
• Lost income: Compensation for time off work due to the accident.
• Pain and suffering: Damages for physical and emotional distress caused by the accident.
• Property damage: Repairs or replacement of your vehicle.
• Other accident-related medical expenses: This includes coverage for costs such as physical therapy, any necessary medical equipment, and other out-of-pocket fees.

Wrongful Death Damages in Fatal Accidents in Albany, N.Y.

If your loved one suffered fatal injuries in the accident, we are sorry for your loss. We will be there for you and your family during this difficult time. We can review the accident and determine if you can take legal action to recover wrongful death damages.

Recoverable financial losses in these cases typically include:

• Medical expenses: Costs for medical treatment before the death.
• Funeral and burial costs: Expenses related to the funeral and burial.
• Loss of income: Monetary compensation for the lost financial support the deceased would have provided.
• Loss of benefits: Value of benefits such as health insurance or pension plans.
• Loss of inheritance: Potential inheritance lost due to premature death.
• Pain and suffering: Compensation for the pain and suffering endured by the deceased before passing. This includes loss of enjoyment of life and other losses.
• Loss of companionship: Monetary awards for the loss of love, care, and companionship experienced by surviving family members.
• Loss of consortium: Compensation for the loss of companionship, affection, and support from a loved one due to the accident.
• Loss of services: Value of services the deceased would have provided, like childcare or household chores.

The Albany wrongful death lawyers on our legal team can lead your case for fair compensation and explain how New York law governs these cases during your free consultation.

New York Sets Deadline for Car Accident Lawsuits

If you are ready to take legal action against the driver who hit you, do not delay. 

Per state law, you have three years from the accident date to file an accident claim or lawsuit. If you miss the deadline, you may miss your chance to receive compensation.

Under this state statute of limitations law, if you are filing a wrongful death lawsuit, you generally have two years from your loved one’s death date to file it. If we handle your case for you, we will file your case on time. We encourage you to connect with us now so we can start promptly.

Does a Driver’s Age Matter When an Auto Accident Occurs?

Yes, the age of the driver can matter when an accident occurs, as it may introduce unique factors and considerations, such as:

• Medical conditions: Older drivers may have medical conditions that affect their driving abilities.
• Medications: They might be on medications that can impair their reaction times or judgment. These medications can be prescribed or bought over the counter.
• Slower reflexes: Age can slow reflexes, making it harder to respond quickly to road hazards.
• Vision and hearing: Deteriorating vision and hearing can affect their ability to drive safely.

These factors can influence the cause of the accident and how liability is determined. They can also affect the legal approach and the type of evidence needed in your case. 

Consulting with our Albany elderly driver accident attorneys with experience in cases involving elderly drivers can help ensure all these factors are considered.

Our Albany Elderly Driver Accident Attorneys Are Ready to Help 

If you or a loved one has been involved in an accident with an elderly driver in Albany, you deserve experienced and compassionate legal support. Our team is here to help you with your case and fight for the compensation you deserve. 

Call or contact Morelli Law Firm online today for a free initial consultation. Our elderly driver accident lawyers in Albany can provide the guidance and representation you need. Call us now to get started on your path to recovery.