Getting the Facts About Older Adult Drivers and Motor Vehicle Collisions

What should you know about older adult drivers and motor vehicle accident risk? The following are some key facts and figures cited in the Bankrate article from the NHTSA, the FHA, and the CDC:

• As of 2022, there are nearly 48 million licensed drivers aged 65 and over in the US, and they account for nearly 30% of all motorists on the road;
• Older adult drivers aged 65 and up were involved in about 13 percent of all reported fatal car crashes in 2020;
• Senior drivers who are aged 70 are considered most vulnerable to a crash and have markedly higher fatal accident rates than motorists between the ages of 35 and 54; and
• Nearly 70% of all crashes involving seniors occur on weekdays, and about 66% of all crashes involving elderly drivers are multi-vehicle collisions.

Common Causes of Car Crashes Involving Elderly Drivers

Why are senior drivers at a higher risk of being in a car crash than many younger adult drivers? In short, with aging comes both physical decline and cognitive decline. Both of those things are often paired with increased use of medications that can cause fatigue and increase the possibility of a drowsy driving collision.

According to the Bankrate article, senior drivers’ frequently slowed reaction times due to cognitive decline and medications can mean that they are unable to avoid a collision (where another driver’s reaction time could allow them to avoid the crash), even if the accident ultimately is another driver’s fault. At the same time, older adult drivers do cause many collisions in which they are involved. The following are listed by Bankrate as the most common causes of collisions that involve older adult drivers and that are caused by senior drivers:

• Failing to yield right-of-way to another motorist, bicyclist, or pedestrian;
• Failing to adequately surveil the surroundings;
• Misjudging another driver’s speed; and
• Misjudging the gap between a senior’s own vehicle and another vehicle.

Contact a Vista Auto Accident Lawyer Today

If you were involved in a motor vehicle collision or if a loved one was seriously injured or killed in an accident, it is important to seek legal advice. One of the experienced Vista personal injury attorneys at our firm can talk with you today to learn more about your case and to advise you about seeking compensation through an insurance claim or a lawsuit. Contact the Walton Law Firm to learn more about how we can assist you.

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When does the issue of comparative fault apply to a personal injury case? Our Vista personal injury lawyers can clarify.

Comparative Fault or Comparative Negligence Involves the Plaintiff’s Liability

Questions of comparative fault or comparative negligence involve the plaintiff’s own liability in a civil lawsuit. Indeed, the terms comparative fault or comparative negligence refer to the way that the plaintiff’s own fault or negligence compares with the defendant’s fault or negligence, and how the plaintiff’s portion of that fault or negligence will impact their ability to recover damages.

Issue of Comparative Fault or Negligence Will Only Come Up if the Defendant Raises it

Comparative fault or negligence is a defense strategy, and it only comes up if the defendant raises it. To be clear, even if you believe you are partially at fault in a personal injury case, the issue of your fault once you file a civil lawsuit against a defendant will only arise if the defendant argues that they should not be responsible for paying damages (or should only be responsible for a smaller portion of damages) due to your fault as a plaintiff.

California Uses a “Pure” Comparative Fault or Negligence Model

If there is a possibility that this issue of comparative negligence will come up in your case, how will it impact your claim and your payout? You should know that different states have their own models of comparative fault or comparative negligence. A small number of states use a “pure contributory negligence” rule, which says a plaintiff is totally barred from recovery if that plaintiff is even 1% at fault. There are a lot of states that use a “modified comparative fault” rule that only bars a plaintiff’s recovery once the plaintiff’s fault reaches 50% or 51%. California uses a rule that is more generous to plaintiffs.

Under California’s “pure” comparative fault rule, plaintiffs can recover damages regardless of their percentage of fault, as long as the defendant is still partially at fault (even if the defendant’s fault is ultimately only 1%). However, the damages the plaintiff recovers will be diminished by the plaintiff’s percentage of fault. For example, if a court awards a plaintiff $100,000 but the court also finds that the plaintiff was 10% at fault, the plaintiff would recover $90,000 (or, $100,000 minus 10%).

Contact a Vista Personal Injury Lawyer Today

Whether you have questions or concerns about comparative negligence and your own possible liability in a personal injury claim you plan to file, or if you need more general assistance with a personal injury case, one of our lawyers can help. Do not hesitate to get in touch with an experienced Vista personal injury attorney to learn more about the services we provide and the wide variety of personal injury claims we handle. Contact the Walton Law Firm today for additional information.

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