South Florida Injury Lawyer Blawg
For many elders in Florida, driving allows them the freedom and independence to get where they want to go without having to ask anyone else. If you are an elder who has been hurt in a car accident caused by someone else’s negligence, we can help. Alternatively, if you have been injured in an accident caused by an elder’s negligence, we can also help. At the Law Offices of Robert Dixon, our Miami car accident attorneys have the experience and dedication to handle your case. You can rest assured that we will vigorously advocate for your rights at every step of the way.
The reality is that elderly drivers are more likely to be involved in a car crash. The National Traffic Highway Safety Administration (NHTSA) also found that 40.1 million licensed drivers were aged 65 and older across the United States in 2015. That same year, 6,165 people age 65 and older were killed in traffic crashes. This represents approximately 18 percent of all Americans killed on the road. Furthermore, 240,000 older individuals were injured in traffic crashes in 2015.
For elder drivers, a number of factors can make it challenging to drive, such as a natural decline in vision and reaction time, which can contribute to errors behind the wheel. In Florida, drivers over the age of 80 must pass a vision test before renewing their license. The NHTSA reports that older drivers sometimes have a hard time recognizing still objects and moving objects, which can affect their perception of vehicles and pedestrians.
All Florida drivers must drive carefully on the road, regardless of their age. Whether you are an elder who has been injured or an elder has injured you, we can help you file a personal injury claim. In Florida, establishing fault requires establishing negligence. Negligence takes place when a driver causes an injury or death by failing to use the level of care that a reasonably prudent driver would use in the same or similar circumstances. For instance, a reasonably prudent driver would not ignore a stop sign, understanding the risk of collisions associated with this behavior. Therefore, if a driver caused an accident in this way, he or she would likely be liable for any subsequent harm. To prove negligence, the following factors need to be shown:
- The defendant owed the plaintiff a duty to use reasonable care;
- The defendant breached the duty owed to the plaintiff;
- The defendant’s breach was a direct cause of the accident; and
- The plaintiff’s injuries or costs resulted.
Under Florida law, personal injury claims must be filed within a certain time frame, known as the statute of limitations. In the context of a car accident claim, a plaintiff has four years from the date of the accident to file a civil claim in court.
If you or someone you know has been injured in an accident involving an elderly driver, it is imperative to seek the help of a skilled Miami car accident attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, we understand how to help you pursue the damages you deserve for your harm. With years of experience, we know how to navigate these types of claims. You can rest assured we will examine the facts of your case and advise you accordingly. For more information, call us at 1-877-499-HURT (4878) or contact us online today.
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