Can elderly drivers still be held responsible for damage caused by their driving in Rockville Maryland?
There are some drivers on the road who are very young and inexperienced. There are also those who are older and have trouble seeing or reacting quickly, along with a number of other people that may have trouble driving normally for a various health reasons. While these may seem like mitigating factors, each driver is ultimately responsible for their conduct on the roads, and things like age or health conditions are not a defense to being held responsible for an accident. All drivers can be sued, given traffic citations, or charged criminal for accidents and offenses while driving.
Local police in Montgomery County Maryland are reporting that a 92 year old man was seriously hurt when he drove his car into someone’s garage.
92 year old man drives straight into a home’s garage
At around 2:30 pm on a Tuesday afternoon, the elderly man was traveling westbound on Hannans Way in Rockville when his 2003 Chevy Impala suddenly accelerated and went straight into a home at the 4300 block of Sunflower Drive. When his vehicle approached the home, he first struck a car in the driveway, then that car got pushed through the garage door and into other cars inside the garage after the impact. The driver was taken to nearby hospital with serious injuries, while the other cars hit at the home were unoccupied. It is unknown whether any of the occupants of the home were hurt as a result of the collision. It is also unknown if the driver’s car suddenly accelerated from his error or some other kind of malfunction.
Can this driver be sued despite his age?
If someone is in poor health, has very bad eyesight, or any other factors that affect their ability to drive, it is ultimately still their responsibility to make sure they can drive safely. From a legal perspective, if someone cannot uphold a standard duty of care while on the roads, they assume the risk of causing accidents and being sued. In these situations, it is probably safest for some people to just not drive at all.
When someone sustains injuries or property damage due to any other driver, there is always the possibility of filing a standard negligence lawsuit against them and their insurance company. While it may seem to be in poor taste to hold a very old person responsible for these damages, the law is neutral in this regard and technically allows for a lawsuit to be filed against just about anyone. The plaintiff just has to prove all of the elements of the case to hold the defendant driver accountable and receive appropriate compensation.
The homeowner in the story above will definitely be able to file insurance claims and lawsuits to be paid for the damage caused by the driver. This will probably be a large enough amount to cover the total cost of repairs to the home, as well as any other inconveniences or expenses the homeowner had to endure because of this accident. If an entire garage and the cars inside had to be replaced, the damages will obviously be significant. The plaintiff’s lawyer also has to make a strategic decision as to whether a man this old or his insurance can possible pay out a judgment, but that is highly dependent on the specific defendant or his type of coverage.
Speak to a local Rockville lawyer after a car accident
There are attorneys who specialize in helping people after car accidents who can provide in depth information about the process for filing a lawsuit. Rowe, Weinstein, and Sohn, Attorneys and Counselors at Law have offices in Rockville, Maryland and Washington D.C.
