Elderly drivers, like any other road users, must ensure everyone’s safety when sharing the road. If they caused a car accident in California, resulting in your injuries, they may be responsible for the damages from the crash, including your medical bills.
Read on to learn more about elderly driving accidents and how to protect your legal rights when you are involved in one.
How Do Elderly Driving Accidents Occur?
Did you know there were almost 48 million licensed drivers aged 65 and above in the United States in 2020? In the same year, approximately 7,500 senior citizens lost their lives in traffic accidents, and nearly 200,000 were injured in these crashes. From this, an average of 20 older adults die, and around 540 sustain injuries in crashes each day.
While older drivers have more experience and knowledge of driving than other generations, their condition can hamper their ability to drive safely. Moreover, several factors, including age-related physical and cognitive impairments, can contribute to elderly driving accidents. This can include the following:
- Weakened Vision: As people age, their eyesight often deteriorates. This might include issues with depth perception, peripheral vision, and light sensitivity.
- Physical Restrictions: Aging-related physical changes, such as decreased muscle strength and tight joints, can impair one’s capacity to operate a vehicle safely.
- Cognitive Decline: Memory, attention, and decision-making abilities may be impacted by cognitive decline as we age. Poor judgment can result from cognitive impairment.
- Side effects of medication: Older adults frequently take drugs to treat a range of illnesses. Driving performance may be affected by the side effects of some medicines, such as drowsiness or dizziness.
- Overconfidence or nervousness: While some senior drivers may exhibit heightened fear when driving, others may develop overconfidence in their driving skills. Unsafe driving behaviors result from both mindsets.
Addressing safety problems related to older driving can be improved by regular evaluations of driving ability, keeping lines of communication open with healthcare experts, and considering alternate modes of transportation.
Are There California Laws About Elderly Driving?
California allows drivers to drive, regardless of their age. Despite this, the California Department of Motor Vehicles aims to reduce elderly driving accidents by mandating several protocols when renewing the licenses of drivers aged 70 and above.
Here are some key points to remember when renewing a driver’s license for older drivers:
- License Renewal: Every five years, drivers must renew their licenses. Renewals for anyone over 70 must be done in person rather than online.
- Vision Test: During the in-person license renewal process, they must take a vision test to ensure they can meet the state’s vision standards.
- Written Test: The DMV may also require older drivers to take a written test to check their knowledge of traffic laws in specific situations.
- Driving Test: While a driving test is optional for every renewal, the DMV can request one for any motorist if there are concerns about their ability to drive safely.
- Medical Evaluations: Medical exams may be warranted if there are concerns regarding a driver’s physical or mental suitability to operate a vehicle. Concerned citizens, law enforcement, and medical professionals can file a Request for Driver Reexamination with the DMV.
Note that because dementia progresses and impairs a person’s ability to drive safely, older adults with dementia represent a significant risk to safe driving. It is then the duty of caregivers, medical personnel, and law enforcement to intervene, revoke their driving privileges, and arrange for substitute modes of transportation.
How to Avoid Elderly Driving Accidents
Elderly drivers can cause minor-to-catastrophic car accidents. This is why it is crucial to determine whether an older driver is still fit to drive and what safety measures to take when traveling.
Signs Elderly Parents Should Not Drive
Checking for signs when an elderly parent should not drive is the initial step to ensure every road user’s safety and reduce elderly driving accidents. Hence, here are the signs an elderly parent should not drive:
- Decreased vision
- Slow reaction time
- Confusion or forgetfulness
- Changes in medication
- Physical limitations, such as reduced mobility
- Repeated minor incidents resulting in dents or scrapes in the vehicle
- Recent poor driving record
If you notice your older driver encountering such issues, seeking opinions from health experts and determining alternative transportation modes to ensure their safety when traveling is essential.
Driving Safety Tips for Elderly Drivers
If an older driver is still fit to drive, they may follow the driving safety precautions below to reduce the risk of elderly driving accidents in California:
- Plan for routine medical examinations, such as hearing and vision tests, to watch for changes affecting driving ability.
- Regular physical activity can help improve strength, flexibility, and overall health, all of which can improve driving skills.
- Consult a healthcare practitioner regularly to evaluate prescriptions and ensure there are no side effects that could impair the ability to drive.
- Avoid driving at night.
- If at all possible, consider shorter trips.
- Avoid driving during rush hour, especially when there is more traffic and more pressure to make decisions quickly.
- For added safety and comfort, utilize assistive technologies or wide-angle mirrors.
- Consider taking a refresher driving course to keep your driving abilities up-to-date and gain confidence on the road.
Senior drivers can move around more safely and comfortably if their driving abilities are routinely reevaluated. When needed, they can also take alternate modes of transportation.
Can I File a Claim for a Car Accident in California with an Elderly Driver?
Essentially, a driver can be responsible for a car accident in California if the crash results from their wrongful actions. You can file a car accident claim for the damages in such cases. However, you must prove that their actions directly caused the collision.
You then need to justify negligence in a car accident through the following elements:
- Duty of Care– The driver was responsible for guaranteeing everyone’s safety.
- Breach of Duty– They failed to fulfill this duty.
- Causation– The breach resulted in an accident.
- Damages– The accident caused injuries or other damages.
Hence, in an elderly driving accident, if the older driver caused the auto collision, they should cover the damage costs. For example, the elderly driver was driving fast in poor weather. Since it was raining, they failed to see you and react on time, resulting in a rear-end collision.
During the investigation, the police officer discovered that the elderly driver had prior minor car accidents due to diminished vision. In such an instance, they are liable for the damages of your auto crash.
Nevertheless, while there is an increased chance of elderly driving accidents due to certain limitations, older drivers are not always at fault in a collision. If you are partially responsible for the crash, you can still file a California car accident claim to receive damages. However, under pure comparative negligence, you will likely receive a reduced settlement, depending on how much you contributed to the car accident.
In the same scenario, you conversed with a passenger during the collision. Since you were distracted, you failed to avoid the collision. If the court finds you 30% accountable for the crash, you can receive 70% compensation.
Similarly, the elderly driver can also file a car accident case to claim 30% restitution. It is best to contact a California car accident attorney who can examine the facts of the claim, gather evidence to prove the driver’s liability, and determine the total compensation you deserve.
Lawyer’s Tip: Some injured individuals may hesitate to file a claim against elderly drivers, assuming they are not equipped to handle such matters. It’s important to understand that the compensation is sought from their insurance provider rather than directly from them.
What Damages Can I Include in My California Car Accident Claim?
You can pursue a personal injury claim to seek compensation for damages relevant to your circumstances. Typically, in the case of an auto collision in California, you may be eligible to claim the following damages:
Economic damages cover measurable financial losses, including:
- The victim’s medical expenses leading up to their passing
- Loss of the victim’s income
- Forfeiture of financial support
- Loss of inheritance from the deceased
- The decedent’s funeral and burial costs, and more.
On the other hand, non-economic damages address the emotional or psychological impact of the car accident, such as:
- Pain and suffering
- Emotional distress
- Post-Traumatic Stress Disorder
- Loss of companionship
- Loss of emotional support
- Loss of protection, and others.
Punitive damages represent a financial award from the defendant, acting as a penalty for the at-fault driver’s reckless actions that resulted in the car accident.
While claiming these damages, it is often challenging for victims to quantify non-monetary losses. Your California car accident attorney will thoroughly evaluate all potential areas for coverage when determining your compensation and negotiating the highest possible settlement.
How Can a California Car Accident Attorney Help Me?
While it is possible to claim compensation, proving elderly driving accidents may be challenging. In most cases, you will need to have their medical records or driving history to show that they are incapable of driving. Unfortunately, these can be difficult to obtain if you are also recovering from your injuries.
A California car accident attorney can help assess the facts and gather the necessary evidence to justify the elderly driver’s negligence and prove your case. In such instances, you can comfortably focus on your recovery while they deal with your claim.
Furthermore, they can take the following steps to enhance the chances of a successful claim:
- Gather evidence to fortify your case.
- Establish liability on the part of the responsible party.
- Evaluate the complete scope of damages.
- Communicate with the insurance company.
- Initiate legal proceedings when necessary.
Why Choose California Car Accident Attorneys from Jacoby & Meyers
At Jacoby & Meyers, our unwavering commitment to aiding accident victims in attaining the justice they merit remains resolute. We are dedicated to contributing to our communities by facilitating access to vital medical care for those affected by accidents.
Our legal team has streamlined an effective process to ensure you are well informed about your legal rights and receive the justice you are rightfully owed. Our dedicated team of legal professionals delivers exceptional service by:
- Maintaining transparent and open communication throughout the entirety of your case.
- Skillfully negotiating with insurance companies to secure fair and just compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Providing support for any other concerns related to your accident to alleviate your concerns.
- Safeguarding your legal rights by establishing liability, assessing the extent of damages, and staunchly advocating for your claim.
We offer a complimentary consultation where you can obtain legal guidance from California car accident attorneys. To explore your legal options, reach out to us at 800-500-0000.
Jacoby & Meyers. Because You Deserve Justice.
Hear From Our Past Clients
While numerous law firms make comparable assertions, we can provide robust legal assistance to our clients. Consequently, we invited our past clients to share their positive encounters with our legal services.
“Jacoby and Meyers made everything easier. They dealt with all aspects of my accident and allowed me to just focus on getting better. My car was taken care of, and all my bills were paid. I was able to put everything behind me and move on with my life.”
-Colin
Works Cited
“comparative negligence | Wex | US Law | LII / Legal Information Institute.” Legal Information Institute, https://www.law.cornell.edu/wex/comparative_negligence. Accessed 5 December 2023.
Levy, Lauren. “Senior driving safety: 9 warning signs a senior shouldn’t be driving.” Care.com, 19 May 2021, https://www.care.com/c/warning-signs-a-senior-shouldnt-be-driving/. Accessed 5 December 2023.
“Older Adult Drivers | Transportation Safety | Injury Center.” CDC, https://www.cdc.gov/transportationsafety/older_adult_drivers/index.html. Accessed 5 December 2023.
“Older Adult Drivers | Transportation Safety | Injury Center.” CDC, https://www.cdc.gov/transportationsafety/older_adult_drivers/index.html. Accessed 5 December 2023.
“Section 13: Seniors and Driving – California DMV.” California DMV, https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/seniors-and-driving/. Accessed 5 December 2023.
“SENIOR DRIVERS.” California Department of Motor Vehicles, http://dmv.ca.gov/seniors?_gl=1*87lkcw*_gcl_au*ODI1NzU2NTE3LjE2OTY0ODQ2Nzg.
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