What You Need to Know About Elderly Drivers Accidents in NY

What You Need to Know About Elderly Drivers Accidents in NY
Calendar icon March 6, 2021

The roads in New York have many elderly drivers who have long experience behind the wheel. Many people, however, believe that the roads are safer when older people drive, because they are careful, follow the speed limit, don’t take alcohol before driving and so on.

But, as the person ages, it’s likely they will develop medical conditions that will increase the chances of a potential accident.

If you are involved in a car accident caused by an elderly person, you could get a settlement. It’s important to seek legal assistance from a New York car accident attorney. 

Causes of Elderly Driver Crashes in New York

Elderly people less likely to drive fast or recklessly, or violate traffic laws. Certainly, this type of driving isn’t a reason for any accident.

The number of elderly drivers isn’t small. Some cities in the state are known for having a major population of elderly people who are over the age of 70. After a person reaches this age, their driving abilities might be affected by health conditions such as impaired hearing, vision loss, heart failure, and so on.

The New York State Department of Motor Vehicles may issue some restrictions for elderly drivers based on their abilities. These drivers might only operate a vehicle if:

  • Wearing proper glasses
  • Driver during daytime
  • Wear their hearing aids

Elderly drivers may even be required to use special equipment; for example, they may be required to drive a vehicle with hand-operated brakes. But, even with these modifications, elderly drivers may have slower reactions and be overwhelmed by traffic. And in such a case, it’s easy to cause an accident.

Types of Accidents Involving Elderly Drivers

Elderly drivers may be involved in any sort of crash in New York. However, some kinds of accidents are more common for elderly people. For instance, in many cases, accidents involving elderly people are the following:

No-Fault Benefits for Accidents With Elderly Drivers

New York is a no-fault insurance state and you should first seek a compensation claim from your insurance company after an accident.

This way you can be sure you will get coverage for your medical expenses and costs lost wages and other expenses that came after the accidents like transportation to the hospital or payment for other services (housekeeping, auto reparation, etc.)

But, you don’t have to rely on the no-fault insurance to get compensation in New York. In some cases, you might be able to get a personal injury claim against the liable driver.

You may take this step only if you were seriously injured in the accident.

Some injuries in New York are automatically assumed as serious (under New York Insurance Law §5102(d)). For instance, if you ended with broken bones or severe scaring, you will be considered to have serious injuries. It’s best to ask your attorney to review your medical records to see if your injuries may qualify as serious or not.

Hire a Car Accident Attorney

If you were involved in a car accident with an elderly driver and the accident was caused because of their fault, you should always seek legal help. Your attorney should be able to show that the older driver was responsible for the accident. The police report, evidence gathered at the scene, witnesses, and surveillance cameras can help you prove this.

In such a case you may be able to get your settlement.

Trying to resolve this by yourself may be challenging and complex. Let’s say you ended up with severe injuries and you aren’t able to get out of bed for a few days or weeks. Having an attorney will be of great help because they will do the necessary steps on your behalf.

If this is your first accident, you might not even know how to file a lawsuit or seek a compensation claim. Also, instead, to simply accept the very first offer of the insurance company, you should negotiate until you get a good offer. If the case gets to court, it’s also a good idea to have an attorney by your side.

If you’re in need of legal assistance after a car accident, Cellino Law is here to help you.

We have a history of car accident cases and will do our best to help you get your compensation claim.

Zoom Screenshot_16.png

Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.



Free Case Review




  • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.


  • I want to thank your law firm for settling my lawsuit where others failed. You treated me with the utmost respect and care, because of your law firm the dream of owning my own home finally came true. For the first time in a long time, we're living out our dream home. Thank you a million times over. Thank you for making my dream come true.


  • I just want to let you know that I did receive my settlement check. More importantly, I want to thank you again for all you did for both me and my family. I could not be more pleased with my experience at Cellino Law. From the moment I first spoke with you I felt comfortable - you took a sincere interest in my case, clearly explained the process and effected a quick settlement. From this day forward, when someone asks if I can recommend a good lawyer I will, without hesitation, say "Cellino Law". Thanks again.


  • I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.


  • Thank you for your efforts on my behalf. I am very pleased (and surprised) at the amount of the settlement. We will use the funds to help pay down the debt on the truck we had to purchase after ours was totaled. Thank you again.


  • Thank you for your time, effort, and hard work on my case. I appreciate your expertise and compassion. I never experienced what I went through and I would have been completely lost without you.