Introduction
There is an increasing population of elderly safety. This adds additional complexities with regards to safety in car accidents for specific populations. It is important for lawyers who service older adults to be well versed with the intricacies involved in these scenarios. The following contains additional details around the legal aspects concerning seniors and car accidents alongside the integration of medical record assessments.
The Analysis of the Elderly Driving Population
Surge in the Population of Elderly Drivers
The NHTSA cites a staggering figure of 85 million senior drivers as the 2030 mark approaches which is nearly double the current 65+ range. This emphasizes the importance of understanding the elderly in depth, their driving capabilities and challenges like physical restrictions, mental health concerns, and the risk of medications taken.
Key Issues Concerning the Elderly Driving
Elderly face risks such as:
• Driving and responding to other drivers is possibly the hardest thing for someone with decreased cognitive capabilities. This also makes responding to moving objects increasingly challenging.
• Worsening of eye sight is a major problem stemming from conditions like cataracts and macular degeneration which makes it incredibly difficult to see.
• Reaction time is a huge problem during old age, and responding to sudden objects and obstacles is near impossible.
Legal Concerns with Seniors Involved in Car Accidents
Elderly Drivers and Liability
In the area of personal injury law, assigning liability always comes first. In the case of elderly drivers, some of the factors that may contribute to the determination of negligence include age-related infirmities. Factors which include:
- Cross Negligence: The behaviour of the elderly driver in comparison with the rest of the people involved in the accident.
- Drivers: The different state regulations concerning elderly motorists and liability.
Insurance Repercussions
Claims involving elderly persons are often considered sensitive. Therefore, knowledge of insurance policies and their respective caps is crucial. Some of the issues are:
- Exhausting Submissions: Some drivers do not exhaust their local policies till the age cap is reached.
- Process of Claim: Claiming is often tedious and must be conducted with unyielding backing and proof.
The Importance of Reviewing Medical Records
The Role of Medical Records in the Legal Process
The older a person gets, the more reliant one gets on medications. Hence, the employment of claim went to caregivers. Such cases often make the claimant dependent on an attorney. Medical records are considered the best tool when an accident occurs. In this case, they include the following:
How Medical Record Review Services Help Lawyers
Medical record review services help lawyers by providing detailed analyses and summaries of medical records pertinent to a case. Such services provide attorneys:
• Attention To Detail: In-depth analysis of a patient’s medical history by sifting through and pulling out necessary information.
• Medical Expert Access: Having a medical professional who can testify as to the impact of certain medical conditions concerning one’s ability to drive or operate heavy machinery.
Case Study
Case Study 1: Cognitive Decline and Its Effects
Overview of The Case: An 82-year-old driver collided with and caused a multi-car accident that resulted in life-changing injuries to other parties.
Challenges: Proving that cognitive decline contributed to the accident is difficult without corroborating evidence. The driver had a history of memory lapses, the driver’s medical records detailed this.
Solutions: The medical record review indicated that the patient had been previously counselled not to drive due to cognitive decline. This strongly helped in proving negligence.
Compensation: The plaintiff received a settlement sufficient to cover medical costs and paid damages to the other parties who were injured.
Case Study 2: Some Effects of Medication
Overview of The Case: After a woman (75-year-old) started taking new medication to manage her hypertension, she (the feme) became involved in a crash.
Challenges: Proving whether the medication interfered with driving was critical. The attorney had to construct an argument that demonstrated the medication’s side effects impaired the driver’s abilities.
Solutions: An exhaustive review of the medical records disclosed the medication’s side effects of dizziness and drowsiness. Expert testimonies were procured to validate the argument.
Compensation: The case ended with a settlement favorable to the plaintiff where the claimant’s medical expenses and income due to the injury sustained were compensated.
Conclusion
With the increase in the elderly population, there is a need for lawyers who understand the complexities of the elderly driver’s worldview to compassionately advocate for them. Having knowledge in this area is essential for effectively addressing the legal aspects, the value of reviewing medical records, and the multifaceted difficulties posed by elderly drivers in car accident cases. Through medical record review services, attorneys achieve better outcomes for their clients.
