A Legal Guide to Georgia Car Accident Claims When the At-Fault Driver is a Senior Citizen

Key Points:

• A car accident with an at-fault senior citizen driver is much like claims against other drivers. You should report the accident, gather police reports, witness statements, and medical records. Age-related impairments like dementia, slow reaction times, or medication side effects may have contributed to the crash, and this can work for or against you.
• If the senior citizen’s medical condition, like Alzheimer’s or vision loss, contributed to the accident, and a lawsuit is filed, a personal injury attorney may be able to request or obtain their medical records support your claim.
• Under Georgia’s family purpose and negligent entrustment doctrines, family members or caregivers could be held liable if they allowed a senior with known impairments to drive their vehicle.

Medical conditions, slower reaction times, and impaired vision are common factors in accidents caused by senior drivers and can lead to serious injuries for those involved. Since Georgia law only requires a minimal re-examination of driving skills during their license renewal, some older drivers may stay on the road, even with their declining abilities. A key part of your case might involve determining if the at-fault senior driver was fit to drive or if a family member or caregiver allowed them to drive, even though they have impairments.

In this guide, we’ll review common scenarios that arise in car accidents with senior drivers, how to properly gather the right evidence to prove negligence, as well as approaches to pursue compensation for your injuries, lost income and pain and suffering.

Table of Contents

Proving Fault in an Accident with a Senior Driver

How Do I Prove Fault After an Accident with a Senior Driver?

After you’ve received medical care and filed a police report for your accident with the at-fault elderly driver, you’ll need to start collecting evidence to prove fault. Evidence to support your claim against the at-fault senior driver can include police reports, witness statements, traffic or dashcam footage, and medical records. Senior drivers can be found liable if their negligence, which is often related to existing impairments, contributed to the crash. Common causes of fault in seniors can include:

• Impaired vision
• Slow reaction times
• Medical conditions such as dementia
• Side effects from medications that cause drowsiness or confusion

Negligent actions like running a red light, failing to stop at a stop sign, or ignoring medical advice not to drive will further prove liability. Medical records from the at-fault party can also show that the senior driver’s health or medications they were taking contributed to the crash.

Can I Request the Senior Driver’s Medical Records to Prove Their Impairment?

If you suspect the at-fault senior driver has impairments that may have contributed to your car accident, you will want to have medical records to support this claim. Medical conditions such as dementia, vision impairment, or medication side effects can contribute to a car accident. Getting these medical records can be difficult as HIPAA protects personal medical information; however, if the senior driver’s condition led to the accident, the record could serve as crucial evidence.

Working with a personal injury attorney will be critical, as your attorney may be able to obtain the medical records through the discovery process after a lawsuit is filed. It can be difficult, otherwise, to obtain the medical records. Medical records may help establish if a senior driver was already advised by a doctor not to drive because of their condition or suffered from vision impairments or cognitive issues.

Who Is Liable for My Accident with a Senior Driver?

As in most accidents, the person who caused your crash is held liable for damages. However, in the event of a sudden medical emergency such as an unexpected heart attack or stroke, there can be defenses to the accident. If, on the other hand, the medical condition was expected - such as a diabetic person driving despite not taking their medication, a medical condition that caused or contributed to the crash may not be a defense.

There are also certain situations where someone other than the driver can be legally responsible. Under Georgia’s family purpose doctrine, a vehicle owner can sometimes be held liable if they provided a car for a family member’s use and that family member caused an accident.

Another related doctrine is called negligent entrustment, which occurs when someone allows a person unfit to drive to use their vehicle, and that person then gets into an accident. For example, if a family member lends their car to a senior driver, knowing they have existing medical conditions, or are impaired by medication, a vehicle owner could be liable for the damages from the car accident.

The Family Purpose doctrine may not apply if the senior driver owns the vehicle and is not impaired. In this case, the senior driver would be solely responsible for the car accident and related damages. Some examples of senior driver negligence can include:

• Running a stop sign due to a delay in reaction time
• Making unsafe turns due to confusion
• Causing a collision due to impaired vision

Understanding liability in car accidents with senior drivers can be complicated, especially if a family member may also be responsible. A personal injury attorney, like those at The Millar Law Firm Car Accident Attorneys, can help investigate the crash, gather the right evidence, and help protect the compensation that is due from all liable parties.

Presenting Your Car Accident Claim

How Do I File an Insurance Claim After an Accident with a Senior Driver?

After your car accident in Atlanta, you should contact your insurance provider and file a claim with the at-fault driver's insurance company. Your claim may cover some of the following areas:

• Any medical expenses
• Lost wages from your inability to work
• Property damage to your vehicle
• Pain and suffering you have endured

Evidence like police reports, witness statements, and medical records can strengthen your claim and demonstrate that the senior driver’s negligence caused the crash. You may also need to take legal action against the insurance company to seek fair compensation if you feel the insurance company is undervaluing your claim. A personal injury lawyer from The Millar Law Firm can help prove negligence and ensure you receive compensation for your damages. 

FAQ: Car Accident Claims and Senior Citizens

What if the Senior Driver Doesn’t Remember the Accident Due to Their Cognitive Issues?

If the at-fault senior driver suffers from cognitive impairment, like Alzheimer’s or dementia, they might not fully recall the accident or the role they played in it. This can complicate insurance claims as the at-fault driver might provide conflicting or incorrect information about the incident. This is where solid evidence comes in; police reports, witness statements, or dashcam footage becomes even more important in showing liability.

What if the At-Fault Senior Driver Has a History of Accidents?

If the senior driver has a history of past accidents or traffic violations, it can help support your claim, as it could show a pattern of unsafe driving. If the elderly driver has had previous citations for the following actions, it could be used as evidence of ongoing negligence:

• Reckless driving, like driving too slowly or too fast
• Running red lights or stop signs
• Failing to properly yield
• Ignoring one-way signs

Also, if the senior driver had multiple accidents but was still allowed to drive, it could indicate their family failed to intervene. Working with a personal injury attorney will be helpful in this case, as they can obtain these records through a personal records request.

What If the Senior Driver Dies During the Accident?

In tragic circumstances where the at-fault elderly driver passes away from the car accident,  you will still have a right to seek compensation for injuries and damages sustained. Some of the processes will be similar, as you will file a claim against the deceased at-fault driver’s insurance policy, which will remain active even after they have passed. Their insurance company is still responsible for covering expenses.

While this topic is very sensitive, it is important to remember that seeking proper compensation allows you to receive the financial support needed to recover. Legal guidance is essential in handling these claims effectively and maximizing your chances for a fair outcome.

Call The Millar Law Firm Today to Help Navigate Your Car Accident Claim

Navigating the complexities of your accident involving a senior citizen driver can be difficult, but understanding your rights and the factors contributing to liability is crucial for protecting your claim. Our personal injury lawyers at The Millar Law Firm have over 32 years of personal injury law experience and know how to identify reckless driving behaviors, negotiate with insurance companies, and pursue maximum compensation.