If you or a family member was injured by an elderly driver in Birmingham, Alabama, you could be facing mounting medical bills, a recovery process with time missed at work, and other damages. It can be stressful to try to heal and juggle these sudden expenses.
You may be eligible to receive compensation for your injuries and other losses by holding the at-fault driver responsible by filing a claim with the help of a Birmingham elderly driver accident attorney. The Morris Bart law firm represents car accident victims in Birmingham.
How Our Birmingham Elderly Driver Car Accident Lawyer Can Help You
Any driver can be a potential liability on the road. But, according to the Insurance Institute for Highway Safety (IIHS), “Advancing age can bring impairments that affect driving ability. Drivers age 70 and older have higher fatal crash rates per mile traveled than middle-aged drivers.” In fact, while the number of crashes per million miles decreases each year of age for teenage and middle-aged drivers, it begins to increase rapidly after age 70.
As drivers age, they are at risk for functional impairments that can slow their reaction times or inhibit their ability to respond to fast or stressful driving situations. Some of the most common collisions involving elderly drivers include angle crashes, intersection crashes, and collisions while overtaking other vehicles or merging into adjacent lanes.
We can take the circumstances of the collision into consideration as we assess the other party’s responsibility for the accident and the damages that may be due to you.
At Morris Bart & Associates, our legal team is here to help you pursue compensation after an accident that causes you injury or results in personal and property damage. We have over 40 years of experience obtaining evidence in car collisions, fighting for our clients’ rights in court and in out-of-court settlements, and ensuring you can focus on your recovery.
For a free legal consultation with a Elderly Driver Accident lawyer serving Birmingham, call (205) 380-4158
Birmingham Elderly Driver Accident FAQ
Car accidents caused by elderly drivers can sometimes feel tricky to navigate, but they need to be held responsible. A Birmingham elderly driver accident lawyer is here to answer your frequently asked questions.
What Should I Expect in My Pursuit of Compensation?
In a clear-cut case where the elderly driver is at fault for your accident, you may be contacted by their insurance company with a settlement offer. It is important to evaluate if this offer will cover all or your losses resulting from this incident. Does it cover both your current and future medical bills? Your lost wages from time away from work? Your pain and suffering?
It is also important to consult with an elderly driver accident attorney in Birmingham before accepting any settlement offer or even communicating with the other driver’s insurance company. Accepting a settlement from the insurance company could limit your ability to recover other compensation for your accident in the future.
Any communication with insurers can also be used as potential evidence against your future claim or lawsuit. Alabama law uses the doctrine of contributory negligence: if the other party can make even a slight argument that you were partially at fault, this may substantially limit your ability to receive fair compensation.
You can negotiate for a higher settlement offer with the insurance company, but they may not budge unless they see the evidence that a court would force them to pay a higher amount. If they are not willing to make a fair offer when presented with solid evidence, you also have the option to sue them in court.
A lawyer from the Morris Bart law firm can assist you with all stages of this process, from gathering evidence to negotiating with insurance companies to bringing your case to trial.
What Compensation May Be Available for a Birmingham Elderly Driver Accident?
The compensation you may receive will depend on the specifics of your case. In general, victims of car accidents involving elderly drivers may be able to recover compensation for:
- Medical bills
- The estimated cost of future treatments and rehabilitation
- Lost wages from the time the injury forced you to miss work
- Reduced earning capacity
- Pain and suffering
- Property damages
If your family member was killed from an injury caused by an elderly driver, you may be able to sue on their behalf in a wrongful death case. According to Ala. Code §6-5-410, a wrongful death case may award punitive damages based on the severity of the defendant’s negligent actions.
An elderly driver accident attorney in Birmingham can discuss the possible compensation available in your case when you call us for a free consultation.
Birmingham Elderly Driver Accident Lawyer Near Me (205) 380-4158
Proving Driver Liability
In an elderly driver car accident case, it requires evidence to prove the other driver was at fault, including:
- That the other party owed you a duty of care, in this case, safe shared use of the roadway
- That the liable party acted in a negligent way — for example, by breaking a traffic law
- That this negligent act caused your injury, such as in a collision with your vehicle
- The value of those injuries, for assessing the damages you may be owed
A Birmingham elderly driver accident attorney can help you gather evidence to build a strong case. While some evidence may be easily accessible, other forms of evidence that could support your case could require an investment. The Morris Bart law firm operates on a contingency fee basis, and we will invest our resources into obtaining evidence in your defense based on the facts of your case.
Evidence in a car accident case may include:
- Photos, videos, or a police report from the scene of the accident
- Statements from witnesses
- CCTV or security footage, if available
- Statements from accident reconstruction experts in your defense
- Documents related to immediate costs of medical treatment
- Estimates from medical experts as to your future costs of treatment
- Documentation of your lost wages
- Documentation of property damage to your vehicle
When you hire a Birmingham elderly driver accident lawyer from the Morris Bart law firm, we will identify the liable party or parties in your accident and gather evidence in your case so you will have time to concentrate on your recovery.
Act Now Before the Statute of Limitations Runs Out
Per Ala. Code § 6-2-38, personal injury cases typically have a two-year statute of limitations. This means that if you do not initiate legal action against the parties responsible for your injuries within two years of the accident, you may lose the legal right to recover compensation. This is true no matter how strong the evidence is against the defendant.
There may be other deadlines that apply to your case. Contact the Morris Bart law firm as soon as possible to discuss the timeframe of your case and the next possible steps you may take.
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Morris Bart & Associates, LLC Can Help You Seek Compensation
When you hire a Birmingham elderly driver accident lawyer from the Morris Bart law firm to represent you, our firm will:
- Answer your questions and discuss possible outcomes in your case
- Manage all legal deadlines and paperwork
- Gather and secure evidence in your defense
- Communicate with the insurance companies and the courts on your behalf
- Negotiate for a settlement with the insurance companies based on the evidence we produce
- Bring them to court if they are not willing to make you a fair settlement offer
No one should be responsible for the financial burden of injuries caused by another person’s negligence. At Morris Bart & Associates, we have a long history of success in helping our clients pursue compensation after a collision. We have successfully represented our clients in court and out of court, winning over 6,500 cases in 2019 alone in our regional area.
Contact Our Attorneys for Help Today
If an elderly driver injured you or a member of your family in Birmingham, call the Morris Bart law firm today or contact us online. We can get started by answering your questions with a free consultation.
Our firm operates on a contingency fee basis with no up-front costs unless we secure a fair settlement or court award in your case.
Questions?Call (205) 380-4158
to find a Morris Bart office near you.