Hurt in a Crash With an Older Driver? Talk to a Georgia Car Accident Lawyer

An elderly driver car accident claim seeks payment for injuries or death caused by an older driver who failed to use reasonable care. If a health problem or medication affected how that driver drove, it can become part of the case. T. Madden & Associates, P.C. has been in practice since 1999 and helps Georgia families who need an elderly driver car accident lawyer to explain their options. Our first consultation is free and confidential.

What an Elderly Driver Car Accident Claim Is and Who It Is For

An elderly driver car accident claim asks whether an older driver failed to use reasonable care behind the wheel. Georgia defines ordinary negligence as the absence of the care that ordinarily prudent people use in similar circumstances (O.C.G.A. § 51-1-2). Whether a person acted with ordinary diligence depends on the circumstances, measured against the care an ordinarily prudent person would take under the same or similar circumstances. The real question is what the driver did, or failed to do.

This guide is for two groups. The first is adult children, spouses and other relatives of an older adult who was hurt or killed. The second is older adults hurt by another older driver. Many families also wonder whether a crash with an elderly driver is a different kind of claim. The firm also handles car, truck, motorcycle and e-bike crashes, and wrongful death claims.

Age-Related Impairments and Medical Conditions That Can Be Part of the Claim

Medical conditions matter when records and the crash show they affected the driving. Common examples include:

• Vision loss or trouble seeing at night
• Cognitive decline, such as dementia
• A stroke, heart event or seizure while driving
• Slowed reaction time or trouble judging traffic

Medication can matter too. Sedating prescriptions and mixed drugs may show up in pharmacy and medical records. Earlier warning signs count as well. Examples include near-misses, concerns from family or a doctor, or a decision to keep driving after a diagnosis.

Georgia also looks at the injured person’s own conduct. The judge reduces damages in proportion to the injured person’s percentage of fault (O.C.G.A. § 51-12-33). Under that statute, a plaintiff who is 50 percent or more responsible can’t receive any damages. Fault of others who contributed to the injury is weighed too.

What the Claim Can Cover

A claim can cover money losses and personal losses the crash caused, when the proof supports them.

• Medical costs. Medical expenses are limited to the reasonable value of medically necessary care (O.C.G.A. § 51-12-1.1). Past and future treatment tied to the crash can be included.
• Lost income. Special damages, such as lost wages, must be proved (O.C.G.A. § 51-12-2). Future losses may be reduced to present value (O.C.G.A. § 51-12-13).
• Pain and suffering. When the entire injury is to a person’s peace, happiness or feelings, Georgia law leaves the measure to impartial jurors (O.C.G.A. § 51-12-6).
• Wrongful death. If a crash kills a spouse or parent, the surviving spouse may recover the full value of the decedent’s life, as shown by the evidence; if there is no surviving spouse, a child or children may recover it instead. Any amount recovered is equally divided, share and share alike, among the surviving spouse and the children per capita, and the surviving spouse receives no less than one-third of the recovery (O.C.G.A. § 51-4-2). The personal representative may recover funeral, medical and other necessary expenses when death results from a crime or from criminal or other negligence (O.C.G.A. § 51-4-5).
• Uninsured drivers. Georgia auto policies must include uninsured motorist terms for injury or death caused by an uninsured driver (O.C.G.A. § 33-7-11). Policy limits still shape what’s available.

Evidence to Preserve Early

Early evidence is the evidence most likely to disappear. Vehicles get repaired, and witnesses are harder to find as weeks pass. Start collecting these items as soon as you can:

• The crash report, photos and any dashcam or traffic camera footage
• The damaged vehicle and any event data it still holds
• Names and phone numbers of witnesses
• The injured person’s medical records, bills and a daily journal of limits
• Medication lists, license notices and records of earlier crashes or complaints involving the older driver, where the law allows you to obtain them

A preservation letter asks the other side to keep evidence. Keep every bill and pay stub. Note the everyday tasks the injured person can no longer do, such as driving, cooking or caring for grandchildren.

How the Process Works, Step by Step

A claim usually moves from a first consultation to investigation, a demand to the insurer, and a lawsuit only if needed.

1. Free, confidential first consultation. You describe the crash, what you know about the driver’s health, and the injuries or loss. There’s no obligation to continue.
2. Investigation. We gather the crash report, medical and pharmacy records, and insurance information, and send preservation letters.
3. Review. We review the medical and driving evidence to see how a condition may relate to the crash.
4. Demand and negotiation. Damages are documented and presented to the insurer.
5. Lawsuit, if needed. If the claim doesn’t settle, a lawsuit is filed. Discovery, depositions and possibly mediation or trial follow. Timelines vary with each case.

Georgia generally requires a personal injury lawsuit to be brought within two years after the right of action accrues (O.C.G.A. § 9-3-33). Early contact protects your options. Waiting to see how an injury heals can use up time you may need.

Why Families Work With T. Madden & Associates, P.C.

T. Madden & Associates, P.C. has been in practice since 1999. The firm has offices in Jonesboro, Atlanta, Decatur, Macon and Augusta.

• The firm’s lawyers are Terance Madden and Shenia Madden. Our team of assistants and office staff supports them.
• The firm’s practice areas include car, truck and motorcycle accidents, medical malpractice, nursing home abuse and wrongful death.
• The first consultation is free and confidential, with no obligation to continue.
• A phone line is available 24/7, so you can reach the firm after a hospital visit or late at night.
• We charge no fee unless we win, but you may still be responsible for court costs and case expenses.

Questions Families Ask Before Calling

Short answers to common questions are below.

If an older driver hurt or killed someone you love, you may have a claim. You don’t have to sort out the insurance, evidence and deadlines alone. Start a free case evaluation with our team.

Responsible lawyer for this page: Terance Madden, T. Madden & Associates, P.C. Contact: tmaddenlaw.com/contact.