Senior Drivers & South Florida Car Accidents

In this article, you will discover:

• How to prove a senior driver’s diminished capacity contributed to or caused a crash
• Whether family members are liable for allowing unsafe senior drivers behind the wheel
• Whether you can pursue a claim against an unsafe senior driver if the Florida police failed to cite them

How Can You Prove That A Senior Driver’s Diminished Capacity Contributed To The Crash?

Witness Statements, Police Reports And Body Cam Footage

Start by gathering evidence. One of the most telling clues is how the at-fault senior driver first interacts with everyone at the scene, from the injured party to the police. Their statements can reveal crucial details.

Police officers often wear body cameras that capture every moment. Reviewing this footage can help you spot signs of diminished capacity, such as confusion, slow reactions, or early signs of dementia.

If the driver seems lost or disoriented, it could be the shock of the accident—or it might point to deeper issues with diminished capacity.

Medical Evidence

You also examine medical evidence about the driver who caused the accident:

• Have they been diagnosed with early signs of dementia?
• How is their vision?
• How is their reaction time?
• How is their judgment?
• Have they taken any prescription medications that may diminish their capacity, cause drowsiness or confusion or slowed reaction time?

Driving History

You also investigate the at-fault driver’s driving history:

• Have they been previously cited for infractions related to diminished capacity?
• Do they have any license restrictions?
• Have friends or family noticed any decline in mental ability, physical condition or driving ability?

Proving Diminished Capacity

In the end, you must show that the senior’s diminished capacity prevented them from meeting the standard of care expected of any careful driver. If a doctor advised them not to drive and they ignored that warning, it becomes powerful evidence of negligence.

When witnesses describe the driver as confused or unaware of their location, it strengthens the case for diminished capacity—especially since the driver still chose to get behind the wheel.

Attorney Micah Longo is a skilled lawyer based in Davie, Florida, who has helped many clients like you navigate the intricacies of personal injury law. With more than two decades of experience, he is prepared to assist you in pursuing an insurance claim against an unsafe senior driver who caused you injury in a car crash so that you receive the full compensation you deserve.

Still have questions? Ready to get started? Contact The Longo Firm P.A. today to schedule an initial consultation.

If The Police Did Not Cite The Senior Driver, Can I Still Pursue A Claim?

You can move forward with your claim, whether it involves diminished capacity or any other car accident, even if the police officer did not issue a ticket.

While a police report can help establish liability early in the case, it’s essential to note that, in Florida, it is inadmissible. Unlike in a criminal context, in a civil context, there’s an exception to the evidence code that allows you to speak freely to police officers. You can tell them what happened without fear of retribution.

The public policy behind that decision is that you want drivers involved in an accident to feel comfortable explaining to the police what happened and not fear they could be held civilly liable for admissions they make. If you thought anything you said to the police would be used against you in a civil case, you wouldn’t want to talk with them.

Police officers may still testify about what they observed, but statements made to them are generally inadmissible. The police report or an officer’s opinion of who is at fault may be helpful, but it’s not the end-all and be-all.

Even if the police officer lets the at-fault driver off with a warning, you still have every right to pursue your claim. Many times, officers skip tickets, especially for older drivers, but that does not close the door on your case.

Are Family Members Ever Liable For Allowing An Unsafe Senior To Drive?

If you own a vehicle and knowingly allow an unsafe family member to drive, that’s considered “negligent entrustment.” Florida has a Dangerous Instrumentality Law that classifies a vehicle as a dangerous instrumentality.

If you knowingly let someone with diminished capacity drive your car and they cause harm, you are on the hook. For example, if you know someone is prone to seizures and still hand them your keys, you could be held liable if an accident happens. You would rely on medical records and witness accounts to determine if someone knew about the older driver’s cognitive decline.

Case Study: Do You Have Any Stories Of Times Where You Dealt With An Accident Involving A Senior Driver?

I once handled a case involving an intersection accident caught on a dash-cam. After the crash, we gathered evidence showing the driver displayed clear signs of cognitive impairment, which helped prove they were at fault.

Pay attention to how the driver spoke with the police and witnesses. If they seemed incoherent, it could point to cognitive decline. If they appeared impaired, witness statements or body cam footage can reveal whether alcohol or drugs played a role.

Establishing fault involves considering many factors. Sometimes, we have to dig deeper into the evidence. For instance, if a driver has a mental health history, we ask whether the person who loaned them the car knew about it. These are the questions that guide our approach.

Still Have Questions? Ready To Get Started?

If you want to learn more about senior driver accidents in South Florida, schedule an initial consultation. Call (954) 231-5802 today to get the answers you need.