There is no way around it. The older we get, the more our driving ability is affected by several factors. According to the Insurance Institute for Highway Safety (IIHS), drivers age 70 and older are more likely to get into a fatal accident than middle-aged drivers. The report goes on to say nearly 5,000 people age 70 and older died as a result of a motor vehicle accident in 2018. As people continue to live longer, they are holding on to their driver’s licenses, meaning more older drivers on our roads.
If an elderly driver hit you or a loved one in New York State, you may be eligible to receive compensation for your injuries and losses. An Albany elderly driver accident lawyer can investigate the details of the accident, determine liability, and negotiate with the insurance company on your behalf.
At Morelli Law Firm, we offer complimentary consultations to motor vehicle accident victims and their families. Call a team member today at (212) 751-9800 to discuss your case with us for free.
Elderly Drivers in New York State
The elderly population in New York State is booming, according to a New York State Office for the Aging (NYSOFA) report. In 2020 alone, an estimated 40 million older drivers hit the road, and those numbers do affect traffic safety. Some may experience a decline in physical function as they age. These health issues place older drivers at a higher risk of being involved in an accident. These include:
- Impaired vision or hearing
- Mental and physical decline
- Slower reaction time
- Drowsiness or clouded judgment due to prescription medications for chronic conditions
This does not mean all older drivers are affected by these issues. We want our older population to remain as independent as possible. But not at the risk of other commuters on the roads. If you were struck by an elderly driver and sustained an injury and other damages, you may be able to file a personal injury claim or lawsuit and hold the other driver accountable for their actions. An Albany elderly driver accident lawyer can gather evidence in your case, place a dollar value on your damages, and file a lawsuit in civil court, if necessary.
The team at Morelli Law Firm believes you should not bear the financial burden of an accident that was not your fault. Call us today for a free case review: (212) 751-9800.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Restrictions for Older Drivers in New York
The New York State Department of Motor Vehicles (DMV) has set driver’s license restrictions for certain medical conditions. These do not pertain to only senior drivers but all drivers who may have these conditions. These restrictions can limit the time certain drivers can be on the road or require the use of assistive devices when behind the wheel. Some restrictions include:
- The use of corrective lenses: All drivers must pass a DMV-issued vision test. If test results show the driver needs to wear eyeglasses or contact lenses to pass the test, they will have a “corrective lenses” restriction on their driver’s license.
- Daytime driving only: Some drivers are limited to the time they can be on the road. If an eye care provider deems the person has trouble with vision at night, a “daylight driving only” restriction will show up on their license.
If the person wears a hearing aid or takes prescription medication for a condition, such as fainting or dizzy spells, epilepsy, a convulsive disorder, or a heart problem, the DMV will conduct a medical review and determine if that person is safe to drive and have their driver’s license renewed.
How a Lawyer Can Help with Your Accident Case
Despite the number of precautions taken, sometimes there is nothing you can do to avoid an accident that was the other driver’s fault. An Albany elderly driver accident lawyer can handle all aspects of your case from start to finish while you focus on your recovery. An attorney can:
- Investigate your case
- Gather evidence from the scene (including the police report, medical records, photos and video surveillance, witness statements, and expert testimony to support your case)
- Determine liability
- Assign a dollar value to your damages (economic and non-economic damages)
- Negotiate with the insurance company
- Keep you updated on your case’s progress
- File all pertinent paperwork related to your case in a timely manner
- Take your case to trial if necessary
It is important to note that New York State follows a no-fault insurance system. This means that if you are in an auto accident, you need to file a 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 limits.
If your damages exceed your coverage limits, you may be able to file a personal injury lawsuit against the at-fault driver if you qualify. The law requires that you suffered a “serious” injury due to the accident. This includes disfigurement, a broken bone, or the loss of a limb.
A lawyer familiar with the state’s laws can help determine if you meet the qualifications for filing a personal injury claim or lawsuit.
Call Morelli Law Firm Today
Do not delay if you are ready to take legal action against the elderly driver who hit you. According to New York Civil Practice Law and Rules (CVP) §214, you have three years from the day of the accident to file a claim or lawsuit. If you miss the deadline, you may miss your chance to receive compensation.
Call Morelli Law Firm today at (212) 751-9800 for a free consultation regarding your case. A team member is standing by to take your call and help you through this difficult time. Allow us to get to work on your case right away.