There are more than 40 million people licensed to drive in the United States who are over 65 years old. These older drivers have a higher risk not only of being involved in a car accident but of suffering catastrophic injuries if they are in an accident.
Seniors take more time to recover from injuries and are more likely to be in extreme pain after an injury. Due to these increased damages after a car accident, can they get the full compensation or will the insurance company consider their age to be a “preexisting condition?” Keep reading to get more information but if you are an injured senior, contact Law Offices of Fernando D. Vargas at 909-982-0707 right away for a free legal consultation.
The Facts about Senior Drivers and Car Accident Injuries
The fact of the matter is that a younger car accident victim will often bounce back right away from the trauma involved in an accident. On the other hand, the older an adult is, the more likely they are to struggle to recover in the same way. Seniors are also more likely to break a bone during an accident, which can then result in declines in physical functioning in a variety of ways. Chronic pain is more common among senior car accident victims than younger victims.
Understanding the Eggshell Plaintiff
There is a law in place in California that is designed to protect the elderly and others who are more vulnerable in accidents. The purpose is to protect these people from having their damage claims rejected due to their more fragile states. This is known as the eggshell theory, which requires that the defendant takes the plaintiff as they found them. Essentially, this means that if an elderly person is injured in an accident that would not have similarly injured a younger person, the defendant can not use this to escape liability.
Prior Conditions and their Effect on Personal Injury Awards
You can count on a car insurance adjuster to attempt to dispute a senior’s claims by themselves claiming that the plaintiff suffered injuries that were preexisting conditions. When a person has a long medical history, as many elderly folks do, then this preexisting condition issue can be significantly. California holds the plaintiff responsible for worsening of preexisting conditions.
Elderly drivers involved in accidents should understand that their preexisting condition will not prevent them from recovering damages. In fact, the defendant may be responsible for paying damages for the full extent of how much the accident caused the injury or condition to get worse.
If you have questions about elderly drivers and accidents involving them, please contact Law Offices of Fernando D. Vargas at 909-982-0707 and request a free legal consultation.
