Elderly drivers who can safely take to the road are as entitled to a place in the driver’s seat as other motorists. That said, elderly drivers can pose a more serious risk to pedestrians, passengers, and other drivers than a motorist in their prime. 

If you find yourself in an accident with an elderly driver, that driver’s age does not bar you from legal action. Should your insurance provider try to undercut or deny your request for coverage, you can take the driver liable for your losses to court. Our Tucson elderly drivers accident attorneys at Zanes Law can help you bring your case forward.

Age and Liability in Car Accidents in Arizona

As you get older, it’s not as easy to keep up with the demands of the road. Failing eyesight and worsening reflexes can limit an elderly driver’s ability to react to surprises while behind the wheel. A driver who gets behind the wheel without the proper license or after they’ve been medically ordered off the road adds a new element of danger to driving.

This doesn’t mean that elderly drivers are inherently responsible for the roadway accident they’re in, of course. However, anyone who gets into an accident with an elderly driver may have a case for compensation if it appears that the driver’s age impacted their response time.

If you want to hold an elderly driver liable for your car accident, both you and an attorney must still establish a violated duty of care. To do so, you need to clarify your relationship to the elderly driver, the role that driver played in your accident, and the extent of your related losses. You can only pursue legal action against an elderly driver if you can provide evidence of all the above.

How to Request Compensation in an Accident Involving an Elderly Driver

If you have the evidence on hand to establish a reasonable assertion of liability, a Tucson, AZ, elderly drivers accident lawyer can compile that evidence into an elderly driver’s accident complaint. Your complaint allows you to present your losses to a judge. In turn, a judge can determine if you deserve the legal power to summon a liable party for deliberations.

An accepted complaint can lead either to negotiations or to a traditional trial. Without a complaint, however, you won’t have the right to request compensation for your losses. With that in mind, your elderly driver accident complaint needs to include:

  • The circumstances that led to your accident
  • The identity of the party you want to hold liable for your accident
  • An estimate of your losses and desired compensation

Our team helps you bring together the evidence needed to complete a comprehensive elderly driver complaint. We can work with third-party investigators and Tucson law enforcement to ensure that a county clerk and other applicable parties understand the extent of the losses for which you are seeking compensation.

Estimating Your Possible Compensation After an Elderly Driver Accident

The compensation you request from an elderly driver accident should help you contend with the expenses of that accident. However, there are some expenses you can request that don’t have a pre-established dollar value.

For example, if you need to replace or repair part of your car, that expense comes with a bill. However, if you find yourself suffering from accident-related PTSD, you can’t put a price on your experience. What you can do, though, is refer to case precedent established throughout Arizona.

You can include non-economic losses in your estimated compensation by referring to the payouts other state residents have received for similar conditions. Our elder drivers accident lawyers in Tucson can help you include these expenses in your final complaint.

Arizona’s Statute of Limitations on Car Accident Cases

If you want to pursue compensation for an elderly driver accident, you need to submit a completed complaint within Arizona’s statute of limitations. This deadline is detailed by A.R.S. § 12-542, which allows you to take two years from the day your accident takes place to file a claim.

You must submit your complaint within this deadline if you want a county clerk to consider it. Failure to submit your claim within this time period can see you waive your compensation, even if you otherwise would have received it.

Negotiating for Compensation With an Elderly Driver

You do not have to take an elderly driver’s accident to court if you want to request compensation. The summons awarded to you by a judge can instead be used to call a liable party to negotiations. Negotiations allow you to present your assertion of liability without the presence of a judge.

An elderly drivers accident lawyer in Tucson can represent you throughout negotiations, even communicating with the allegedly-liable party on your behalf. If it appears that an elderly driver doesn’t understand the extent of your related losses, we can use our gathered evidence to make the connection between their behavior and your injuries clear.

If negotiations with an elderly driver do break down, we can then move your case back into the court system. However, the negotiations process can help you get the financial support you need to recover from your accident much more quickly than a traditional trial. If you want to explore this legal option, let our team know!

When to Take an Elderly Driver Accident Case to Court

Explaining to an elderly driver that they bear responsibility and fault for your car accident can be challenging. There are times when even the most skilled attorney can struggle to clarify your losses to someone who won’t understand the practicality of liability. In these cases, compensation negotiations can give way to car accident trials.

If the time comes to pursue a trial for your car accident losses, our team can present your case to first a county clerk and then a judge. We’ll guide you through discovery, helping you answer any questions that the defense may have for you.

When your trial begins, you can count on us to call forward witnesses who support your side of the story. By closing statements and deliberation, we’ll have done everything in our power to fight for your financial support. Should your claim be denied, we can begin the appeal process. When we fight for your maximum compensation, we go into court prepared to win.

Let’s Discuss Your Most Elderly Driver Car Accident

Accidents involving elderly drivers are as dangerous, if not more so, than accidents involving other drivers. If you’re not sure how to pursue compensation for your post-accident losses, though, you may feel like you have to take on the financial strain of your damages alone.

This is never the case. You can always bring these kinds of accidents to the elderly drivers accident attorneys in Tucson, AZ. Schedule a case evaluation with our team at Zanes Law over the phone or through our online form. When you contact us, we can fight to get you the most possible compensation for your losses.

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