You deserve compensation if you’re involved in an accident with an elderly driver – and you don’t have to go into that fight alone.
You can connect with a car accident lawyer in Brooklyn to discuss what means you can use to hold someone accountable for your losses. Morelli Law Firm can represent you in and out of court as you fight for the financial support you need to pay your accident-related bills.
Do the Elderly Assume the Same Duty of Care as Other Drivers on the Road?
Everyone on the road alongside you owes you a duty of care. That duty dictates these parties must obey roadway laws in an effort to prevent avoidable and predictable accidents. This most often means avoiding distracted driving, driving under the influence, or driving without a license.
Brooklyn personal injury lawyers recognize that elderly drivers may not understand that they can no longer take to the road and preserve the duty of care they owe to other parties. That lack of knowledge does not excuse the behavior that leads to elderly driver car accidents, though.
In other words, elderly drivers still owe you the same duty of care that every other driver, pedestrian, and motorist on the road owes you. This means that you do maintain the right to hold elderly drivers accountable for the accidents they cause.
You still are obligated to meet New York’s burden of proof, of course, but the elderly are not protected from legal action due to their age.
Have You Been Injured In An Accident? Contact Morelli Law
877-751-9800How to Hold an Elderly Driver Accountable for a Roadway Accident
If you want to take steps to hold an elderly driver accountable for an accident, you can work with Brooklyn elderly driver accident attorneys to:
Document Evidence of Vehicular Negligence
New York’s burden of proof dictates that you must have evidence indicating that an elderly driver owed you a duty of care at the time the accident took place. You must further have evidence indicating that the elderly driver violated that duty and caused your economic losses.
If you can’t meet the state’s burden of proof, you may have a difficult time moving an elderly driver car accident case forward in civil court. Fortunately, you can work with experienced investigators to return to the scene of your accident and gather the data most relevant to your pursuit of compensation.
The evidence relevant to your case may include the following:
- Electronic evidence from specialized cars or cell phones
- Statements from bystanders
- Debris from the accident
- Photos from before and after the crash
- Video footage of the accident
- Expert testimony
Our team can compile the evidence relevant to your case into a comprehensive claim before your statute of limitations expires, but only if you reach out for help. You can contact us today to book your free elderly driver case evaluation.
Work With Cooperative Insurance Claims Adjusters
Most elderly drivers have New York’s minimum liability insurance, if not more coverage. This means you may have the opportunity to file an insurance claim after your accident with an elderly driver.
You can request that a Brooklyn elderly driving accident attorney come with you to conversations with an insurance claims adjuster to minimize these providers’ attempts to engage in bad-faith behavior.
It’s worth noting that you maintain the right to pursue a personal injury claim against an offending elderly driver even if you pursue a claim with their insurance provider. That said, the compensation you receive from an insurance provider may minimize or otherwise impact the compensation you can receive through the civil court system.
Take Action in Civil Court
Filing a personal injury claim against an elderly driver does not mean that you are committing to going to a civil trial against that offending party. Rather, a completed personal injury claim gives you the right to meet with an offending driver in or out of court to discuss your right to lost-based compensation.
The personal injury claim you file needs to adequately meet New York’s burden of proof while also calculating the total value of the losses sustained due to the offending party’s negligence. So long as you submit your claim before your statute of limitations expires, New York civil judges should afford you the right to move your case forward.
File Your Car Accident Claim Before Time Runs Out
New York relies on its personal injury statute of limitations, or New York Civil Practice Law & Rules section 214, to control what cases come before the state civil judges. You must submit your claim within three years of an elderly driver’s car accident if you want a Brooklyn attorney to help you hold a negligent party accountable for your losses.
Judges can dismiss cases brought forward outside of their relevant statute of limitations without further consideration. With that in mind, do not wait to get in touch with an attorney. The faster you get in touch with an experienced legal professional, the faster those professionals can begin to investigate your losses.
Contact our Brooklyn Car Accidents Lawyers today
877-751-9800Morelli Law Firm Wants to Represent You
Elderly drivers can unfortunately lose some of the skills they need to safely operate a motor vehicle on the road. These drivers can do serious damage to themselves and others if they lose control of a car or drive while distracted.
As much as you may empathize with an elderly driver, you do retain the right to take legal action against a negligent driver. You may equally take civil action against an elderly driver operating on a suspended or revoked license. The elderly driver crash lawyers in Brooklyn can guide you through the process of filing a claim before your statute of limitations expires.
Contact us today to book a FREE personal injury case evaluation.
Call or text 877-751-9800 or complete a Free Case Evaluation form