Elderly Related Accidents
Knowledgeable Car Wreck Lawyer Assisting Atlanta Residents
It is a fact of life that as we age, our physical dexterity and ability to react deteriorate. These natural processes can have an effect on a person’s ability to safely operate a car. Car wreck attorney Terrence R. Bethune has nearly two decades of experience helping people injured in the Atlanta area by the carelessness of others on the road. If you were hurt by an elderly driver, you may have a right to seek compensation for your harm.
Pursue Compensation for Your Injuries
According to the Centers for Disease Control, there are more than 33 million drivers older than 65 in the United States. These individuals may suffer from age-related deterioration of vision and cognitive abilities. A driver who gets behind the wheel without being able to see properly may be at risk of acting negligently, regardless of his or her age.
A person injured by a negligent motorist can file a lawsuit to pursue compensation. To succeed, the victim’s case must establish four elements:
- The defendant driver owed the injured person a duty of care;
- The driver breached the prescribed duty by engaging in unsafe behavior;
- The injuries were causally connected to the defendant’s carelessness; and
- Actual damages resulted.
Everyone in Georgia is subject to a duty to avoid unreasonable behavior that could injure others. This is called the duty of reasonable care. It can be breached in several ways, from running stop signs to not paying close attention to the road. Other actions, such as turning in front of an oncoming car, may also be considered a breach.
If the defendant is found to have violated this duty, the victim still has to prove that the carelessness directly resulted in his or her injuries. Causation consists of two requirements. The first is the “but for” test. This is met if, but for the defendant's negligent behavior, the victim would have avoided harm. Next is legal causation, which exists if the injuries could be considered a foreseeable consequence of the defendant’s behavior. Legal causation ensures that the defendant’s behavior was not so remote that holding him or her liable would be unfair.
Even if the victim may be partly at fault for the accident, he or she may still be able to recover damages from other negligent defendants. In Georgia, if a jury determines that a person is less than 50 percent at fault for his or her injuries, that person may still recover a portion of his or her damages from defendants found liable. A knowledgeable attorney can help you determine whether you may share liability for your injuries and whether that affects your ability to seek compensation.
Contact an Atlanta Attorney Skilled in Auto Accident Cases
If you were hurt by a negligent older driver, you have a right to seek the money that you need for your medical bills, lost income, property damage, and other expenses. Even if the other driver carried insurance that will pay your damages, an experienced attorney can negotiate with that insurer to pursue the full value of your injuries. Auto accident lawyer Terrence R. Bethune has handled countless cases for people throughout Atlanta and the surrounding communities. To see if he can help you, call (404) 875-7800 or visit our online contact page to schedule a free case evaluation.