A car accident involving a victim of any age is tragic for the family. But any San Jose car accident lawyer can attest that a fatal car accident involving an elderly person may be especially devastating for surviving family members.
On Dec. 24, a 90-year-old San Jose resident was killed when her vehicle and another car crashed into one another. Both drivers were taken to a San Jose hospital by ambulance, and the woman was pronounced dead at the hospital. Currently, the police are conducting an investigation, including an inquiry into whether alcohol or drugs were factors in the accident. The San Jose police department reported that the accident occurred at about 2 p.m.
Liability in a car accident may be found if the driver who caused the accident acted negligently. Drivers must always exercise reasonable care when on the road, and failure of meet this level of care may constitute negligence. Such actions as speeding, failing to use turn signals or driving under the influence of alcohol are all factors that courts look at when determining whether a driver was negligent. The state of California does not have restrictions relating specifically to age and driving; as long as senior citizen drivers meet the vision and written test requirements, they may continue driving.
According to the National Highway Traffic Safety Administration (NHTSA), deaths in traffic accidents have declined steadily over the past several years and are the lowest since 1949. As of their NHTSA 2011 report, this includes a 26 percent reduction in traffic fatalities since 2005. While this overall decline in traffic deaths is good news, drivers should still exercise caution on the road, be aware of their surroundings and follow all traffic laws so as to avoid accidents generally.
Source: MercuryNews.com, "Elderly San Jose woman killed in Christmas Eve crash identified," Eric Kurhi, Dec. 26, 2012
While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.