Elderly Driver Accident Lawyer in Massachusetts

Accidents Caused by Elderly Drivers in Massachusetts

Age-related physical and cognitive changes can significantly affect driving ability. Reduced reaction time, diminished vision, decreased strength and flexibility, and cognitive decline associated with dementia or other conditions can impair an older driver’s ability to operate a vehicle safely. When these impairments contribute to an accident that injures you, the at-fault driver is responsible for the consequences of their decision to continue driving despite those limitations. Attorney Jeffrey C. Lavey represents victims of elderly driver accidents throughout Massachusetts.

The Legal Standard: Negligence Applies Regardless of Age

Massachusetts negligence law applies equally to drivers of all ages. An older driver who fails to maintain safe speed, does not yield appropriately, runs a red light, or drives in a manner that endangers others is liable for resulting injuries under the same standard as any other driver. Age is not a defense to negligence, it is sometimes evidence of the diminished capacity that made the driving dangerous. Attorney Lavey pursues these cases with the same rigor applied to any negligence claim.

The Sudden Medical Emergency Defense

Defendants in elderly driver cases sometimes raise the sudden emergency doctrine, arguing that an unforeseeable medical event, a heart attack, stroke, or seizure, caused the accident. This defense is narrow and requires proof that the driver had no prior warning of the condition that could cause such an emergency. If the driver had a known history of cardiac or neurological conditions, if they were taking medications that caused the episode, or if they had previously experienced similar events, the sudden emergency defense fails. Attorney Lavey challenges this defense with the driver’s medical history.

Family Members and Vehicle Owners May Share Liability

When family members are aware that an elderly relative poses a danger on the road but continue to allow or facilitate their driving, those family members may in some circumstances share liability for accidents that result. Similarly, a vehicle owner who entrusts their vehicle to a driver they know to be unfit, regardless of age, may be liable for negligent entrustment. Attorney Lavey evaluates all potentially responsible parties in elderly driver accident cases.

Insurance and Compensation

An elderly at-fault driver is covered by their auto insurance just as any other driver would be. If their policy limits are insufficient to cover your damages, your own underinsured motorist coverage may provide additional compensation. Attorney Lavey reviews all applicable insurance in every elderly driver accident case and pursues the maximum recovery available.

Frequently Asked Questions