Driver Impairment - Old Age

While not all older drivers present a danger, many elderly drivers have health issues that render them unable to safely operate a vehicle. Often, a failure to recognize age-related limitations results in a car accident that should have been avoided. If you were injured in a car accident caused by an elderly driver, you should speak with an experienced New Hampshire car accident attorney as soon as possible to discuss whether you may be able to recover damages for your costs and pain and suffering. At Peter Thompson and Associates, our car accident attorneys have a combined experience of more than 60 years helping New Hampshire victims fight for compensation from elderly drivers who caused their harm.

Some natural consequences of age, including slowed reaction time, loss of hearing, and impaired vision, make older drivers less likely to respond appropriately to conditions encountered while driving, which can result in accidents. Additionally, elderly drivers often have chronic health conditions that cause neurological or cognitive deficiencies, and these can present a risk of lapses in judgment or a physical inability to properly control a car. If you were involved in a car accident with an older driver, your attorney may obtain records from the driver’s treating physician to determine if the driver suffered from a chronic condition or diminished capacity that inhibited his or her ability to drive in a safe and reasonable manner.

Most car accident cases filed in New Hampshire include a negligence claim against the driver who allegedly caused the accident. Negligence encompasses several elements, and to show that you should be awarded damages in a negligence claim, you must prove each element. First, you must prove that the driver owed you a duty to drive safely and responsibly. You must then show that the driver breached the duty. In cases involving elderly drivers, the breach is often caused by an age-related impairment, such as reduced vision or hearing or slowed reaction time. After you prove a duty and a breach of the duty, you must show that the breach caused the accident to occur and that the accident caused the damages that you sustained.

In many cases, a defendant driver will attempt to argue that another intervening factor caused the accident, and therefore he or she should not be held liable. You do not need to prove that the breach of the duty owed was the sole cause of the accident to recover damages, though. Instead, you must show that the accident would not have happened without the breach and that the breach was a substantial cause of the accident. An experienced car accident lawyer can gather information to help demonstrate that the other driver should be held liable for your harm and to refute any defenses set forth by the driver.

If you sustained damages in a car accident caused by an elderly driver, you should be able to recover compensation. Economic damages are a major component of compensation commonly sought in a car accident case. Economic damages include the cost of any medical treatment (including treatment that you may need in the future), the cost to repair damaged property, and any wages lost due to your inability to work after the accident. If you were married at the time of the accident, your husband or wife may be able to recover compensation for the loss of your companionship and services. In addition to measurable costs, damages awarded in car accident cases often include non-economic damages for any pain and suffering caused by injuries sustained in the car accident. We can help you assess the full extent of the compensation that you may be able to recover.

Age does not excuse drivers from the duty to operate their vehicles safely at all times. If you suffered damages due to a car accident with an elderly driver, compensation can help ease the financial burden caused by the accident. You should retain an experienced New Hampshire attorney as soon as possible to formulate a plan to pursue compensation. At Peter Thompson and Associates, our attorneys will work hard to help you prove liability following your accident. We have offices in Bedford, Nashua, Portsmouth, and Manchester, New Hampshire, and we represent injured individuals throughout the state. Contact us at 800.804.2004 or via our online form to schedule a free consultation.