When diminished driving capacity leads to a serious accident, victims deserve compassionate yet aggressive legal representation. Attorney Anand Desai helps injured individuals recover full compensation while treating all parties with dignity and respect. 20+ years of experience, no fees unless we win.
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Past results do not guarantee future outcomes. Every case is different.
Accidents involving elderly drivers require a careful balance of compassion and legal rigor. These cases are not about blaming older adults for aging — they are about protecting injured victims and holding the right parties accountable when diminished driving capacity leads to a preventable collision. At Anand Desai Law, we approach every elderly driver accident case with sensitivity while pursuing the full compensation our clients deserve.
Attorney Anand Desai — a Loyola Law School graduate with 20+ years of experience and over 50 jury trials — understands the nuances these cases demand. His diverse practice serves clients and families across all age groups and cultural backgrounds in Glendale's multilingual community.
Here is what makes our firm the right choice for elderly driver accident cases:
• Multi-Layered Liability Analysis: We investigate whether the elderly driver's family members, caregivers, physicians, or care facilities had reason to know the driver posed a risk and failed to intervene — expanding liability beyond the driver alone through negligent entrustment and negligent supervision claims.
• Sensitive, Respectful Approach: We treat all parties — including the elderly driver and their family — with dignity. Our focus is on compensation for the injured victim, not on vilifying older adults.
• 11 Languages: We serve Glendale's diverse community in English, Spanish, Armenian, Farsi, Korean, Hindi, Punjabi, Gujarati, Thai, Tagalog, and Russian.
• No Win, No Fee: 100% contingency representation. You pay nothing upfront, and we only collect fees when we recover compensation for you.
Call us or fill out the form. We’ll review your case, explain your options, and answer all your questions — at no cost.
We gather evidence, work with experts, handle the insurance companies, and build your claim for maximum compensation.
We don’t get paid unless you win. 100% contingency fee — no upfront costs, no hidden charges, no risk to you.
Los Angeles County has one of the largest elderly populations in California, and Glendale — with its significant senior community — sees a notable number of accidents involving older drivers. This is not a matter of age discrimination. The vast majority of elderly drivers are safe, experienced motorists who adjust their driving habits as they age. However, when age-related conditions such as cognitive decline, vision impairment, reduced reaction time, or medication side effects reach a point where safe driving is no longer possible, the consequences for other motorists, pedestrians, and cyclists can be severe.
Statistics from the California Office of Traffic Safety indicate that drivers aged 70 and older have elevated crash rates per mile driven, particularly in intersection collisions, left-turn accidents, and situations requiring quick decision-making. In Glendale, the mix of busy intersections (Brand and Broadway, Central and Colorado, Glenoaks and Pacific), pedestrian-heavy commercial areas, and residential streets near senior living facilities creates conditions where elderly driver accidents can have devastating results.
Our firm approaches these cases with the understanding that the issue is not age itself but rather specific functional impairments that made continued driving unsafe. We focus on the factual circumstances — what the driver's capabilities were, who knew about those limitations, and whether anyone failed in their responsibility to prevent the driver from getting behind the wheel.
In many elderly driver accident cases, the most significant source of recovery is not the driver's own auto insurance but rather a negligent entrustment claim against family members who knew — or should have known — that their loved one was no longer safe to drive and failed to take action. Under California common law, anyone who entrusts a vehicle to a person they know to be an incompetent driver can be held liable for injuries caused by that driver's negligence.
Family members are often in the best position to observe an elderly driver's declining abilities. Warning signs include getting lost on familiar routes, confusing the gas and brake pedals, running red lights or stop signs, difficulty merging or changing lanes, unexplained dents and scrapes on the vehicle, near-misses reported by other family members or neighbors, and cognitive assessments showing declining mental function. When family members observe these warning signs and continue to provide access to a vehicle — or fail to take reasonable steps to prevent driving — they may be liable for resulting accidents.
Our investigation in these cases includes interviewing family members, neighbors, and friends, obtaining the elderly driver's medical records (with appropriate legal process), reviewing DMV records for prior incidents or license restrictions, and analyzing prescription medication lists for drugs with driving impairment warnings. We build these cases with sensitivity, recognizing that family members face an emotionally difficult situation, while remaining focused on our duty to our injured clients.
When an elderly driver resides in or receives services from an assisted living facility, memory care facility, or home health agency, the facility or caregiver may share liability if they allowed a resident or client with known cognitive impairment to access a vehicle. Facilities have a duty to exercise reasonable care for the safety of their residents and the public. If a facility knew that a resident had dementia, severe cognitive impairment, or other conditions that made driving unsafe, and failed to implement appropriate safeguards — such as securing car keys, monitoring parking areas, or notifying family members — the facility may be liable for resulting accidents.
Home health caregivers who allow a cognitively impaired client to drive, or who fail to report driving concerns to the client's family or physician, may also bear responsibility. While the scope of a caregiver's duty depends on the specific nature of their engagement, caregivers who are aware of unsafe driving and take no action may be held to account.
These claims add another layer of potential recovery in elderly driver accident cases. Facilities and home health agencies carry commercial liability insurance, which often provides significantly higher coverage limits than personal auto insurance policies. Our firm investigates every potential institutional defendant to maximize the compensation available to our injured clients.
Many elderly adults take multiple prescription medications, some of which carry significant driving impairment risks. Commonly prescribed medications that can impair driving ability include benzodiazepines (for anxiety), opioid pain medications, certain antihistamines, muscle relaxants, sleep aids, antidepressants, and some blood pressure medications. These drugs can cause drowsiness, dizziness, blurred vision, slowed reaction time, confusion, and impaired judgment — all of which directly impact driving safety.
When an elderly driver causes an accident while impaired by prescription medication, the analysis focuses on whether the driver was warned about driving risks, whether the prescribing physician adequately counseled the patient, and whether the medication's effects made driving unreasonably dangerous. It is important to note that this is not a medical malpractice claim against the prescribing physician — our focus is on the driver's negligence in operating a vehicle while impaired by medication, and on family members or caregivers who knew about the impairment risk and failed to intervene.
We obtain pharmacy records, prescription history, and medication labels to establish what the driver was taking and what warnings were provided. We consult with pharmacology experts to explain how specific drug combinations affect driving ability. This evidence supports both the negligence claim against the driver and negligent entrustment claims against family members who were aware of the medication regimen and its effects.
California requires all drivers aged 70 and older to renew their licenses in person (rather than by mail or online) and to pass a vision test at renewal. Under Vehicle Code Section 12814, the DMV may also require a written knowledge test or behind-the-wheel driving test if there is reason to believe the driver's competency has declined. Additionally, California Vehicle Code Section 13800 et seq. allows physicians, law enforcement, and family members to request a DMV re-examination of any driver whose ability to drive safely is in question.
When a Priority Re-Examination is requested, the DMV evaluates the driver through vision testing, written testing, and potentially a driving test. If the driver fails, their license can be restricted or revoked. The availability of this process is relevant in elderly driver accident cases because it establishes that family members and physicians had a clear, accessible mechanism to address driving safety concerns. If they failed to use it despite having knowledge of the driver's impairment, their inaction supports a negligent entrustment or negligent supervision claim.
Our firm obtains the elderly driver's complete DMV history, including any prior re-examination requests, license restrictions, or reported incidents. We also investigate whether the driver had been involved in prior accidents or near-misses that should have prompted family action. This history often reveals a pattern of declining ability that was ignored, strengthening our clients' claims.
At Anand Desai Law, we understand the emotional complexity of elderly driver accident cases. The elderly driver is often someone's beloved parent, grandparent, or spouse. Family members may be dealing with guilt, grief, and the practical challenges of caregiving alongside the legal process. We treat every party in these cases with dignity and compassion.
But compassion does not mean accepting less than full compensation for our injured clients. When an elderly driver's diminished capacity causes a serious accident — and when family members, caregivers, or institutions failed to prevent it — our clients deserve to be made whole. We pursue economic damages (medical bills, lost wages, future care costs, property damage), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life), and, where appropriate, additional claims against negligent family members and institutions.
Our 11-language capability is particularly valuable in elderly driver cases within Glendale's diverse community. Many families navigating these issues communicate primarily in Armenian, Spanish, Farsi, Korean, or other languages. Our team ensures that language is never a barrier to understanding the legal process or participating fully in your case. Call (833) 270-7800 for a free, confidential consultation. We will review your situation with honesty and sensitivity, and we will explain all of your legal options. Past results do not guarantee future outcomes.
Yes. Under California's negligent entrustment doctrine, family members who knew or should have known that the elderly driver was unsafe and continued to provide access to a vehicle can be held liable for resulting accidents. Evidence that supports these claims includes the driver's medical diagnoses, family members' observations of declining driving ability, prior accidents or near-misses, and the failure to request a DMV re-examination or take other steps to prevent driving. These claims have no statutory damage cap and can significantly increase the total recovery.
Absolutely not. The vast majority of elderly drivers are safe and responsible. These cases are about specific situations where a driver — of any age — had functional impairments that made driving unsafe, and where the individuals responsible for that person's care failed to intervene. Our firm treats elderly drivers and their families with complete dignity and respect. Our focus is on protecting the injured victim's right to fair compensation, not on vilifying older adults. Age alone is never the basis for a claim.
Yes, potentially. If the facility knew the resident had cognitive impairment that made driving unsafe and failed to implement reasonable safeguards — such as securing car keys, monitoring parking areas, or notifying family members — the facility may be liable under a negligence theory. Facilities have a duty to protect both their residents and the public from foreseeable harm. Their commercial liability insurance often provides significantly higher coverage limits than personal auto policies, making them an important source of recovery.
If an elderly driver caused an accident while impaired by prescription medications, the driver may be negligent for operating a vehicle despite known medication effects. Family members or caregivers who were aware of the medication's impairing effects and failed to prevent driving may also be liable through negligent entrustment. We obtain pharmacy records, prescription labels, and medication warnings, and we consult pharmacology experts to establish the link between the medications and driving impairment.
Under California Vehicle Code Section 13800 et seq., anyone — including family members, physicians, law enforcement, and other concerned individuals — can request a Priority Re-Examination of a driver by contacting the DMV in writing. The request should describe the observed driving concerns and any relevant medical conditions. The DMV will then contact the driver and schedule an evaluation. While this question relates more to prevention, the availability of this process is legally relevant because a family member's failure to use it despite knowledge of impairment supports negligent entrustment claims.
Elderly drivers are disproportionately involved in intersection collisions (particularly left-turn accidents), failure-to-yield incidents, wrong-way driving on one-way streets, parking lot accidents, and accidents involving pedestrians in crosswalks. These patterns reflect common age-related challenges including reduced peripheral vision, slower reaction times, difficulty judging gaps in traffic, and confusion about traffic controls. Understanding these patterns helps us investigate and build strong cases for our injured clients.
Yes. A personal injury claim can be pursued against the deceased driver's estate under California Code of Civil Procedure Section 377.40. The driver's auto insurance policy remains in effect and is obligated to cover your damages up to the policy limits. Additionally, negligent entrustment claims against family members who failed to prevent unsafe driving are not affected by the driver's death. These family-member claims may provide substantial additional recovery beyond the driver's own insurance.
You may recover economic damages (medical bills, lost wages, future care costs, property damage), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life), and potentially additional compensation through negligent entrustment claims against family members or facility liability claims. The total recovery depends on the severity of your injuries, the available insurance coverage, and the strength of the third-party liability claims. Contact us at (833) 270-7800 for a free evaluation. Past results do not guarantee future outcomes.
No. California does not impose a maximum age for holding a driver's license. However, drivers aged 70 and older must renew their license in person and pass a vision test. The DMV can also require knowledge tests or driving tests if there is evidence of declining competency. If a physician, family member, or law enforcement officer reports concerns about a driver's ability, the DMV can initiate a Priority Re-Examination that may result in license restrictions or revocation.
The statute of limitations for personal injury claims in California is two years from the date of the accident under Code of Civil Procedure Section 335.1. For wrongful death claims, the two-year period runs from the date of death. If your claim involves a government entity (for example, for confusing signage that contributed to wrong-way driving), a government tort claim must be filed within six months under Government Code Section 911.2. Contact Anand Desai Law promptly to ensure all deadlines are met.
Anand Desai is a dedicated personal injury attorney serving Glendale and the greater Los Angeles area. A graduate of Loyola Law School with an undergraduate degree from USC, Anand has been a member of the California State Bar (#249768) since 2007, bringing 20+ years of legal experience to every case he handles.
Anand specializes in personal injury law, with particular expertise in car accidents, motorcycle accidents, truck accidents, and catastrophic injury cases. His deep understanding of California personal injury law, combined with his tenacious negotiation skills, has helped him secure millions of dollars in settlements and verdicts for his clients.
What truly sets Anand apart is his commitment to his community. His firm is one of the only law offices in Glendale that offers services in 11 languages, including Spanish, Armenian, Hindi, Gujarati, Korean, Tagalog, Farsi, Mandarin, Japanese, Vietnamese, and English — reflecting the rich diversity of the communities he serves.
“I fight for every client like they’re family. When you hire me, you’re not just getting a lawyer — you’re getting someone who genuinely cares about your recovery and your future.”
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