Most of us must face the moment in time when we are obliged to convince elderly relatives to give up their car keys. It’s not an easy decision to make or an easy argument to win. We think an elderly man with degenerative eye disease at the wheel of a two ton killing machine (like a car) could be a bad combination. A Clayton County jury agreed.
A 78-year old man whose vision was failing due to macular degeneration, attempted to make a left-hand turn across a lane of oncoming traffic. The vegetable stand the elderly man was attempting to access sits near a curve in the road. A woman whose oncoming vehicle was negotiating that sharp curve collided with the first vehicle pushing it back into its original lane of traffic and into another automobile that had been travelling behind the elderly fellow.
The woman suffered a fractured femur requiring surgery to insert rods and screws to stabilize the fracture. She was forced to undergo further orthopedic treatment and expected further surgery in the future.
The woman filed a civil suit in Clayton County State Court alleging that the defendant had observed her vehicle prior to making his left turn and that defendant was negligent in failing to yield the right-of-way.
She claimed $38,503 in past medical treatment, $12,640 for future treatment. She also pled for $9,500 in past lost wages and $10,000 for future lost wages.
The Defendant claimed that the plaintiff was driving at excessive speed. Nevertheless, the jury deliberated only 4 hours before it awarded the plaintiff $125,000.
This defendant’s pre-existing eye condition probably helped the jury make the final decision. Elderly drivers can pose significant threats to other drivers for a number of reasons including deteriorating vision, hearing, and reaction time which can lead to the injury or death of others.
If you have been injured in an accident caused by the diminished capacity of another driver, you may have a chance to recover something of what was lost to you. Another’s impairment should not condemn you to a life of pain and suffering or enormous medical bills, but if it does Georgia law may be able to help.
Call or email the legal professionals at The Millar Law Firm today to learn whether or not your case could be eligible for financial compensation.