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Elderly Driver Car Accident Lawyer

elderly-driver-car-accident-attorneys We all know that a car crash can happen to anyone, but when an elderly driver is involved in a serious accident, they often suffer more than younger and middle-aged drivers.

As you age, you become more susceptible to internal injuries in a car accident, meaning that the risks you face when involved in a car crash are much higher than younger drivers.

At Rosenfeld Injury Lawyers, LLC, personal injury attorneys have helped injured victims understand the unique challenges faced by individuals involved in motor vehicle accidents with a senior and are here to help you get the justice you deserve. As a result, you may be entitled to compensation for your injuries, medical bills, and other damages.

If you are an older driver who has been injured in a car accident, it is essential to contact our Chicago car accident law firm to speak with an experienced personal injury attorney. One of our elderly driver car accident lawyers can help you understand your legal rights and work to get you the compensation you deserve for your serious injuries.

Elderly Drivers and Accidents: A Look at the National Statistics

According to the National Highway Traffic Safety Administration (NHTSA), more than 2.5 million car accidents involved elderly drivers aged 65 and older in the United States in 2018. These accidents resulted in almost 33,000 fatalities and more than 421,000 injuries.

While the number of elderly drivers has increased in recent years, the percentage of fatal accidents involving these older drivers has decreased. However, the NHTSA still estimates that older drivers are involved in about twice as many fatal car crashes as young drivers.

In many cases, they can continue to drive safely if they take certain precautions, such as:

  • Driving during the day
  • Avoiding busy roads
  • Use caution when turning.

In Illinois, there were 927 accidents involving elderly drivers aged 65 and older in 2019, resulting in 11 fatalities and 131 injuries. Of these accidents, 71% were deemed the driver's fault.

Common Causes of Accident in Elderly Drivers

The Centers for Disease Control and Prevention (CDC) identifies several factors that may contribute to the higher rate of car crashes among older drivers. There are many reasons elderly drivers are more likely to be in car accidents. Some of the most common causes include:

  • Slower reaction time- Elderly drivers often have a harder time reacting quickly to changes in their environment, leading them not to brake or swerve injury time to avoid a collision with other drivers.
  • Poor vision and hearing- An older adult may have difficulty seeing or hearing other motor vehicles, pedestrians, or obstacles on the road.
  • Taking more risks - As people age, they may become more daring and take more risks while driving, making careless mistakes resulting in car accidents.
  • Inability to manage multiple tasks- An older person may have difficulty juggling multiple tasks while driving, such as talking on the phone or changing the radio station.
  • Health concerns - Many aging adults cannot drive due to health concerns, such as poor vision or dementia.

If you are an older driver, it is important to be aware of these risks and take precautions while driving. You may also want to consider talking to your doctor about any health concerns that could affect your driving ability.

There are resources available to help older drivers stay safe on the road in Illinois. For more information, visit the website of the Illinois Secretary of State.

Common Elderly Driver Car Crash Injuries

A car accident injury can be a traumatic experience for anyone, but it can be especially difficult for elderly drivers already dealing with physical and mental limitations. Some of the most common injuries sustained by elderly drivers in car accidents include:

  • Head injuries - Senior citizens hit their heads, leading to concussions or even more serious head injuries.
  • Broken bones- Older people are more likely to break bones in an auto accident caused by their slower reaction time and poor balance.
  • Spinal cord injuries- Older drivers are more likely to injure their spinal cord in a fatal crash, leading to paralysis or other serious health concerns.
  • Severe nerve damage - Older adults can also suffer from severe nerve damage in a car accident, resulting in loss of sensation or movement in certain parts of the body.
  • Internal bleeding- Seniors are also at higher risk for internal bleeding in a car accident; it usually leads to serious medical complications if not treated promptly.
  • Severe psychological trauma - Elderly motorists can also suffer from severe psychological trauma after a car accident and lead to long-term mental health concerns.

How to Prevent Auto Accidents Involving Elderly Drivers

There are a few things that elderly motorists can do to prevent auto accidents:

  • Don’t drive at night- Older motorists should avoid driving at night when it is harder to see and navigate the road.
  • Stay away from busy roads- Senior citizens should avoid busy streets. More traffic can increase the chance of being in an auto accident.
  • Use caution when turning- Senior drivers should use caution when turning, as they may not see oncoming traffic or obstacles.
  • Avoid distractions- Elderly drivers should avoid distractions while driving, such as talking on the phone or changing the radio station.
  • Take breaks often- Seniors should take breaks often to rest and relax. In addition, it will help them stay alert while driving.

Sensitive Topics to Discuss With Aging Parents About Driving

It can be difficult to talk to aging parents and family members about driving, So here are a few questions and concerns to talk over with your family member about whether or not their driving privileges should be revoked:

  • Are they feeling confident and safe behind the wheel?
  • Have they had any close calls or accidents recently?
  • What things make them nervous while driving?
  • Are they able to handle multiple tasks while driving?
  • How are their vision and hearing?
  • What medications are they taking that could affect the older person’s ability to drive?
  • Are they comfortable with their current level of driving?
  • If they are no longer comfortable driving, what are their plans for getting around?

If you have been injured in an accident with an older adult, it is important to seek legal help. Contact our law firm to speak with an experienced car accident lawyer who can help you get the compensation you deserve for your injuries.

Medical Conditions That Could Affect the Driving Abilities of Aging Adult Drivers

Several medical conditions could affect the ability of aging adult drivers to drive safely. Some common examples include:

  • Diabetes can cause vision problems and nerve damage, impacting a driver's ability to control a motor vehicle.
  • Dementia can affect a person's judgment, reasoning, and driving skills, as well as their ability to remember and process information. Senior citizens can find it difficult to operate a car safely.
  • Heart Disease is a medical condition that can lead to chest pain, shortness of breath, and fainting spells, all of which could make it dangerous for an elderly driver to operate a car.
  • Stroke can cause vision, balance, and coordination problems, which are essential for safe driving.

Warning Signs That an Elderly Driver May Be Unsafe Behind the Wheel

When it comes to elderly motorists, safety is always a top priority. If you are concerned that an aging adult can no longer safely operate a car, talk to them about your concerns and urge them to stop driving if necessary.

It is also essential to be aware of the warning signs that an elderly driver may be unsafe behind the wheel. Some common indicators include:

  • Frequent lane changes or driving too close to other cars
  • Slow reaction time or poor judgment
  • Trouble seeing or hearing
  • Difficulty turning or braking
  • Driving far below the speed limit

If you notice these warning signs, you can contact the local authorities to report any unsafe driving behavior. They may need to stop driving or consider alternate transportation options.

Proving Negligence in a Collision Involving an Elderly Driver

Proving negligence and securing financial recovery may be more difficult than in other types of motor vehicle crashes.

The law presumes that older adults cannot operate a motor vehicle as safely as younger drivers and other age groups.

As a result, the victim in an accident involving an older driver must typically provide evidence that the older adult was not acting safely at the time of the accident. Such evidence may include:

You may be able to recover compensation for your injuries caused by a senior citizen. Contact our law firm to speak with a qualified personal injury lawyer experienced in gathering evidence for a free case evaluation.

Chicago Laws Regarding Elderly Drivers

Motorists of all ages must follow the same traffic laws in Illinois. However, the law does provide some specific protections for elderly drivers. For example:

  • Older citizens are not required to take a driving test when renewing their license.
  • All drivers over 70 must renew their license every four years in Illinois.
  • To renew their license, elderly drivers must pass a vision test and complete a written test about driving safety.
  • Older persons must take a driving test if they have not driven in the past year or have been involved in a car accident.
  • If a senior citizen is involved in a car accident, they may be subject to criminal penalties, such as fines or jail time.
  • Elderly individuals above the age of 80 are not allowed to drive at night and cannot go more than 12 miles from their homes.
  • Elderly individuals are prohibited from driving if they are fatigued.

Categories of Laws That Influence Elderly Drivers in Illinois

The laws that influence motorists of all ages in Illinois can be classified into four categories:

  • Accelerated Renewal Frequency- Drivers over the age of 70 must renew their license every four years instead of every six years like drivers under 70.
  • Vision- Drivers over the age of 78 must provide a vision report with their license renewal application, and if they do not pass the vision screening, their license will not be renewed.
  • Road & Written Test- Drivers over the age of 70 must pass a written test on safe driving practices to renew their license.
  • Online or Mailed Renewal Restrictions- Citizens over the age of 80 cannot renew their driver’s license online or by mail. They must go into a driver services facility to provide a vision report and take a road test.

Pursuing Compensation for Car Accidents Involving Elderly Drivers

To seek compensation from an elderly driver's car insurance company is generally a viable option. However, if the older adult is at fault for the accident and doesn't have insurance, but it is insufficient to cover all of the damages, you may need to file a lawsuit against them.

The legal process of filing a lawsuit against a senior citizen can be complicated, especially if they reside out of state. You'll need to work with an experienced personal injury lawyer who can help you navigate the legal system and pursue the best possible outcome for your case.

Were you injured in an accident with a senior driver? Insurance adjusters often try to take advantage of claimants by offering them quick and easy settlements. Contact our law firm for a free consultation with an experienced car accident lawyer. Contact our lawyers for a free consultation today.

We'd do a thorough investigation and review the medical records, accident reports, driving records, and testimony in your case and tell you if the accident occurred due to age-related factors.

Recoverable Damages

In a car accident lawsuit involving a senior citizen, you may be able to recover damages for:

  • Medical expenses
  • Lost income and future earnings
  • Pain and suffering
  • Emotional distress
  • Property damage

It's important to note that the number of damages you can recover will vary depending on the specifics of your case.

Contact Our Elderly Driver Car Accident Lawyers Today

At Rosenfeld Injury Lawyers, LLC, we understand the challenges that come with pursuing compensation from an elderly driver's car insurance company. We have the experience and resources necessary to help you fight for the best possible outcome in your case.

If you or someone you know has been injured in an accident with an older adult, don't hesitate to contact our law firm for a free consultation. We'll review your case and let you know what we can do to help.

All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship. Call our personal injury legal team at (888) 424-5757.


Client Reviews
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa