Elderly pedestrians face disproportionately high risks of serious injury and death when struck by vehicles. Adults over 65 account for approximately 20% of all pedestrian fatalities despite representing a smaller share of the pedestrian population. Age-related physical vulnerabilities and the potential for pre-existing conditions create unique challenges and opportunities in these injury claims.
Why Elderly Pedestrians Are at Greater Risk
Several factors contribute to the elevated danger elderly pedestrians face. Slower walking speeds mean older adults may not clear intersections before signals change. Many traffic signals are timed for walking speeds of 4 feet per second, while many seniors walk at 2.5 to 3 feet per second.
Vision and hearing decline can make it harder to detect approaching vehicles. Cognitive changes may affect judgment of vehicle speeds and safe crossing gaps. Reduced agility makes it difficult to react quickly to unexpected threats. None of these factors excuse driver negligence—drivers must observe their surroundings and adjust accordingly.
Catastrophic Injury Patterns in Elderly Victims
Older adults suffer more severe injuries from similar impacts compared to younger victims. Bone density loss increases fracture risk, particularly hip fractures that can permanently affect mobility. Thinner skin and blood vessel fragility lead to more serious soft tissue injuries. Pre-existing cardiovascular conditions may be exacerbated by trauma.
Traumatic brain injuries are particularly dangerous in elderly victims due to brain atrophy that creates space for bleeding. Even seemingly minor head impacts can cause subdural hematomas that may not show symptoms for days. Recovery from all injuries typically takes longer and may never reach pre-accident baselines.
The Eggshell Plaintiff Doctrine
A critical legal principle protects elderly accident victims: the "eggshell plaintiff" or "thin skull" rule. This doctrine holds that defendants must take plaintiffs as they find them. If an elderly pedestrian's pre-existing osteoporosis means a collision causes fractures that would not occur in a younger person, the defendant is still liable for all resulting damages.
Insurance companies sometimes argue that injuries are related to pre-existing conditions rather than the accident. Experienced attorneys counter this by demonstrating that the victim was functional before the accident and the collision caused the deterioration requiring treatment.
Valuing Elderly Pedestrian Injury Claims
Damages in elderly pedestrian cases include all standard categories: medical expenses, pain and suffering, and loss of enjoyment of life. While lost wages may be lower for retired individuals, other damages can be substantial. Loss of independence and inability to perform activities the victim previously enjoyed carries significant value.
When accidents cause death, wrongful death claims compensate families for loss of companionship, guidance, and the decedent's pain and suffering before death. Even elderly individuals with shorter life expectancies have claims worth pursuing.
Challenges in Elderly Pedestrian Cases
Defense attorneys may attempt to blame the victim for walking slowly or not seeing the vehicle. They may exaggerate cognitive decline to question the victim's account of events. Medical records showing pre-existing conditions may be used to minimize damages.
Overcoming these challenges requires thorough documentation of the victim's pre-accident functioning, witness statements, and expert testimony on how the accident specifically caused or aggravated current conditions.
If you or an elderly loved one has been struck by a vehicle, prompt legal consultation helps preserve evidence and address the unique considerations these cases present.