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When an older adult is hurt in a facility van, a medical transport, or a crash caused by a dangerous road, a car accident lawyer who is a nurse handles the medical side and the web of responsible parties.
Most of the older adults we represent were not driving. They were passengers in a nursing home van on the way to dialysis, riders in a wheelchair-accessible transport that never secured the chair, or occupants of a car that hit a pothole, a flooded lane, or an intersection with a hidden sign. Insurance adjusters treat an older passenger's injuries as pre-existing. We prove they are not.
Elderly Passengers in Facility and Medical Transport A nursing home, assisted living facility, or transport company that moves a resident takes on the duty to move them safely: a trained driver, a working lift, four-point tie-downs on the wheelchair, a lap and shoulder belt on the passenger, and an escort when the resident's condition calls for one. When a resident is thrown from an unsecured wheelchair during a stop, dropped from a lift, or left in a hot van, the facility and the transport company are both responsible, and the claim may also fall under the Elder Abuse and Dependent Adult Civil Protection Act.
Elderly Passengers in Facility and Medical Transport A nursing home, assisted living facility, or transport company that moves a resident takes on the duty to move them safely: a trained driver, a working lift, four-point tie-downs on the wheelchair, a lap and shoulder belt on the passenger, and an escort when the resident's condition calls for one. When a resident is thrown from an unsecured wheelchair during a stop, dropped from a lift, or left in a hot van, the facility and the transport company are both responsible, and the claim may also fall under the Elder Abuse and Dependent Adult Civil Protection Act.
Residents injured in nursing home and assisted living vans
Wheelchair and gurney passengers injured in non-emergency medical transport and paratransit
Falls during loading and unloading at the facility, the clinic, or the dialysis center
Injuries from unsecured wheelchairs, failed lifts, and missing seat belts
Residents left unattended in a vehicle
Collisions involving ambulances and medical transport vehicles
Wrongful death of an elderly passenger
Dangerous Road Conditions Not every crash is the other driver's fault. A road that floods in the first rain, a pothole that has been reported and ignored, a stop sign hidden by overgrown brush, a missing guardrail, or a work zone with no warning can cause a collision no careful driver could avoid. The city, county, or state that maintains the road is responsible for a dangerous condition it knew about or should have found and fixed (Government Code section 835). Private owners of parking lots and private roads carry the same duty.
Dangerous Road Conditions Not every crash is the other driver's fault. A road that floods in the first rain, a pothole that has been reported and ignored, a stop sign hidden by overgrown brush, a missing guardrail, or a work zone with no warning can cause a collision no careful driver could avoid. The city, county, or state that maintains the road is responsible for a dangerous condition it knew about or should have found and fixed (Government Code section 835). Private owners of parking lots and private roads carry the same duty.
Crashes caused by potholes, broken pavement, and poor drainage
Intersections with obstructed, missing, or malfunctioning signs and signals
Missing or defective guardrails and barriers
Unmarked lane changes, work zones, and construction hazards
Poorly lit roads and crosswalks where elderly pedestrians are struck
Parking lot and driveway hazards at medical buildings and care facilities
What We Investigate
What We Investigate
The transport company's driver training, vehicle inspection, and securement records
The resident's care plan and transport orders, including whether an escort was required
The police report, witness statements, and camera footage from the vehicle and nearby businesses
Prior complaints and repair requests to the public entity about the same road hazard
Maintenance logs, inspection schedules, and traffic engineering records
The medical record from the scene forward, read by a nurse
What to Do After the Crash
What to Do After the Crash
Get medical care the same day. Older adults often show head and internal injuries later.
Ask the facility or transport company for a copy of the incident report in writing.
Photograph the vehicle, the wheelchair and tie-downs, the road hazard, and the injuries.
Get the names of the driver, any escort, and every witness.
Report the crash to your own auto insurer. Underinsured motorist coverage on a family member's policy may apply.
Do not give a recorded statement to the facility's or transport company's insurer before speaking with a lawyer.
Time Limits Personal injury claims in California generally must be filed within two years (Code of Civil Procedure section 335.1). Claims against a city, county, Caltrans, or any other public entity, including a public transit or paratransit provider, require a written government claim within six months (Government Code section 911.2). That deadline is short and strict.
Time Limits Personal injury claims in California generally must be filed within two years (Code of Civil Procedure section 335.1). Claims against a city, county, Caltrans, or any other public entity, including a public transit or paratransit provider, require a written government claim within six months (Government Code section 911.2). That deadline is short and strict.
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