Greenville Elderly Driver Accident Lawyer

When an elderly driver causes an accident that leaves you with serious injuries, medical bills, and lost income, you need strong legal representation to hold negligent parties accountable.

Age-related impairments can make some older motorists dangerous on Greenville roads. When their inability to drive safely results in collisions, victims deserve full compensation for their losses.

Schedule a free case review with an experienced Greenville elderly driving accident lawyer at The Melonakos Law Firm to discuss your legal options and protect your rights.

Why Elderly Drivers Pose a Greater Accident Risk on Greenville Roads

While many senior citizens drive safely well into their later years, certain age-related conditions increase crash risks for some older motorists on Greenville streets and highways.

Physical and cognitive decline can impair driving abilities in ways that put other road users in danger. Understanding these risk factors helps establish liability when older people driving dangerously cause preventable collisions.

Some examples of potential risk factors for senior drivers include:

• Reduced vision and hearing ability
• Slower reaction times
• Decreased cognitive function and memory loss
• Physical limitations affecting neck mobility and steering control
• Medication side effects that impair judgment or cause drowsiness
• Confusion at complex intersections or highway merges
• Difficulty judging distances and vehicle speeds
• Refusal to acknowledge declining abilities

CDC research indicates that drivers over 75 years old face higher crash rates per mile driven compared to middle-aged motorists. Fatal crash rates increase significantly for drivers over 80, making accidents caused by elderly drivers a serious public safety concern in South Carolina communities.

South Carolina Laws Regarding Elderly Drivers

South Carolina has no special age-based restrictions or mandatory tests for older drivers. However, the DMV can require medical evaluations or driving tests if a driver’s competence is in question:

• License renewal requirements – South Carolina Code § 56-1-220 allows the DMV to require vision tests, medical examinations, or road tests during license renewal if officials have reason to question a driver’s abilities. Family members, physicians, or law enforcement can report potentially unsafe drivers, triggering department investigations that may result in license restrictions or revocations.
• Medical reporting – Although South Carolina does not mandate physician reporting of patients with conditions that impair their driving, doctors can voluntarily notify the DMV about patients who pose a safety risk. Healthcare providers often face difficult ethical decisions when treating elderly patients whose medical conditions make driving dangerous, but who resist giving up their independence.
• Fitness to drive evaluations – The DMV may require comprehensive driving assessments for license holders of any age when credible evidence suggests impairment. These evaluations test knowledge of traffic laws and actual driving performance on public roads.

South Carolina law provides procedures for suspending and revoking licenses to protect the public. If elderly drivers fail required tests or show unsafe driving, the state can limit or revoke their driving privileges.

Proving Negligence and Liability in an Elderly Driver Accident Case

To recover compensation after an auto accident with an aging driver, you must demonstrate that the driver’s negligence caused your injuries and resulting damages. We can gather comprehensive evidence that establishes how the elderly motorist’s impaired abilities or unsafe driving behaviors led directly to the crash, such as:

• Police accident reports documenting violations and indicating the officer’s assessment of fault
• Witness statements describing erratic or confused driving
• Medical records showing the driver’s health conditions
• Driving history, including previous violations or crashes
• Prescription medication lists and warnings
• Traffic camera or dashcam footage
• Accident reconstruction expert analysis
• DMV records of prior concerns or restrictions

The statute of limitations for car accident claims in South Carolina is three years from the date of the crash. That means that you must file your claim or lawsuit within this timeframe or lose your right to seek compensation. Only very narrow exceptions could apply.

Compensation for Catastrophic Injuries in Crashes with Older Drivers

Collisions involving elderly drivers who should not be operating vehicles frequently result in severe injuries because the crashes often involve wrong-way driving, failure to yield, or other high-impact scenarios.

When an older driver’s negligence causes you harm, South Carolina law allows you to seek full compensation for all economic and non-economic losses, including:

• Medical expenses
• Future medical treatment and rehabilitation costs
• Lost wages and diminished future earning capacity
• Pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Permanent disability or disfigurement
• Loss of consortium for the affected spouse
• Property damage to your vehicle

The value of your claim depends on many factors, such as injury severity, treatment duration, and how the collision impacts your daily life and future prospects. We often work with healthcare professionals, vocational experts, economists, and other experts to calculate the full extent of damages and demand appropriate compensation from insurance companies.

Reasons to Select Our Greenville Car Accident Law Firm

Choosing the right car accident attorney could significantly affect your case outcome and recovery experience. At The Melonakos Law Firm, our attorneys provide the following:

• Personalized attention – We understand the physical pain, emotional trauma, and financial stress you face after a serious accident, and we provide compassionate counsel tailored to your unique situation. Our approach treats you as an individual with specific needs rather than just another case number.
• Direct access – When you choose us, you communicate directly with your lawyer and receive continuous support from our entire team.
• Dedicated focus – We accept a limited number of cases, allowing us to devote the attention you deserve and concentrate our efforts on pursuing the best possible outcome for you.

With over a decade of legal experience, Mike Melonakos has secured hundreds of favorable verdicts and settlements, recovering more than $50 million in total compensation throughout his career for his clients who have been injured. His impressive results include a confidential six-figure settlement for a motorcycle wrongful death motor vehicle accident and $1 million for a dram shop hit-and-run case.

Mike’s background representing insurance companies in defense litigation provides him with unique strategic advantages, making him a formidable negotiator who understands how insurers evaluate and defend claims. He now uses that insight to help his clients pursue maximum compensation.

Our client testimonials reflect the quality service we deliver. For example, one of our previous clients wrote:

“I was at a low point after my car accident this year and had no idea what to do. I reached out to the Melonakos Law Firm, and I’m glad I did. They were quick, effective, and negotiated a great settlement! Thanks, JP, Mike, and Leah!” — Andrew

Contact Our Greenville Elderly Driver Injury Attorneys for a Free Case Review

Do not let insurance companies minimize your claim or pressure you into accepting inadequate settlements after a collision with an elderly driver who should not have been behind the wheel.

Contact us now to schedule a free case review with an experienced Greenville personal injury attorney at The Melonakos Law Firm today.

Our Law Firm Near You