Article Summary
- Losing the ability to drive, due to age-related impairment, can be a significant moment in someone’s life.
- If an adult child allows an elderly parent with a known impairment to drive, that child could be held liable for damages if an accident occurs.
- Liability in these types of cases is determined in part by the negligent entrustment legal framework.
Caregiving for a parent can present challenges, especially when that parent is living with neurological conditions such as dementia. But millions of Americans do it. Data indicates that 25% of American adults are caring for a parent.
Many of the common challenges include an emotional burden, physical demands and the financial pressure associated with healthcare needs and making sure a home is safe for an elderly parent. The psychological aspect of a parent losing independence while an adult child assumes caregiving responsibilities can also be difficult to navigate.
Losing the ability to drive is among the most significant moments in life when an elderly parent feels that their independence is slipping away. For many people, that moment in life indicates a loss of freedom and mobility, and it can trigger fears of social isolation. It’s a tricky spot for both the parent and the adult child, and sometimes it can lead to unfortunate outcomes.
Car accidents involving elderly drivers who shouldn’t be driving present a few novel questions. Can family members be liable for elderly driver accidents? And who is responsible for senior driver accidents?
An experienced Arizona personal injury lawyer, like the Phoenix-based professionals at Torgenson Law, can help sort it all out.
Analyzing Elderly Driver Crash Liability
Liability for elderly driver accidents in Arizona isn’t necessarily tied to age. It’s linked more often to medical conditions. Cognitive impairments like dementia and Alzheimer’s disease, as well as age-related vision or hearing loss, could factor into how liability for an accident is determined.
And if a family member allowed an elderly parent to drive, despite a known impairment, some liability for the accident could be placed on that person. The legal concept that applies to that situation is known as negligent entrustment.
A negligent entrustment car accident describes a situation where a vehicle owner entrusts their car to someone they either know, or should know, is incompetent or reckless or unfit to drive. This legal framework often applies to individuals who may be under the influence of drugs or alcohol, but can also extend to cover driver incompetence, lack of skill or conditions that negatively impact their ability to drive safely.
Through the negligent entrustment lens, if an adult child allowed an impaired elderly parent to drive and that parent caused an accident, the adult child could be held liable.
Impairment extends beyond neurological disorders. Delayed reaction times, chronic medical conditions, side effects from prescription drugs, as well as vision and hearing loss all create impairments that could result in potentially dangerous circumstances on the road.
Senior driver accident liability can be complex, due to all the factors that influence the situation. An elderly driver accident lawyer, like the experienced professionals at Torgenson Law, can help individuals navigate what can be a complicated legal process. With more than 20 years of experience fighting for the injured, the team at Torgenson Law has a wealth of knowledge to bring to the table.
No one should navigate an elderly driver accident alone. The team at Torgenson Law is here to support you through this process, ensuring your best interests are represented. If you or a loved one have been injured in an accident involving an elderly driver, reach out to our team today.
No pressure, no upfront costs, just answers from a legal team that takes your recovery personally.
The post Can Family Members Be Liable for Letting an Unsafe Elderly Driver Operate a Vehicle? appeared first on Torgenson Law.