When an older driver hits you in a senior driving car accident, you can file a claim for compensation if their actions caused the crash. Similar to any other driver, elderly drivers have the duty to act reasonably when driving and sharing the road with others.
If you are involved in an elderly driving accident, this article will help you understand your rights as an injured victim and how to receive compensation for the damages.
Are Older People Allowed to Drive in California?
California allows drivers of any age to drive, but the California Department of Motor Vehicles has protocols to minimize accidents involving elderly drivers. Here are the critical points for renewing a driver’s license for those aged 70 and above:
- License Renewal: Drivers must renew their licenses every five years, and those over 70 must do this in person.
- Vision Test: A vision test is required during the in-person renewal to ensure drivers meet state vision standards.
- Written Test: Older drivers may need to take a written test to demonstrate knowledge of traffic laws.
- Driving Test: While not required for every renewal, the DMV may request a driving test if there are concerns about a driver’s safety.
- Medical Evaluations: Medical exams may be required if there are concerns about a driver’s physical or mental health. Citizens, law enforcement, or medical professionals can request reexamination.
- Educational Resources: California provides various services and initiatives to assist senior drivers in maintaining their driving abilities. Among them are driving safety classes created especially for senior citizens.
Dementia can impair driving ability, making it crucial for caregivers, medical personnel, and law enforcement to intervene when necessary, revoking driving privileges and arranging alternative transportation.
Moreover, family members, friends, or medical professionals concerned about an elderly driver’s safety can report it to the DMV. The DMV will next determine the driver’s capacity to continue driving safely.
What Are the Signs an Elderly Parent Should Not Drive?
While elderly drivers have the right to operate a vehicle, they must justify that they can protect road safety. If they have disabilities or can’t perform basic tasks when driving, they are prohibited from driving as they can endanger themselves and others. This is why it is crucial to understand the signs an elderly parent should not drive.
- Regular Close Calls or Accidents: If your parent has experienced several close calls or minor collisions, it may be a sign of deteriorating driving abilities.
- Unexpected Dents, Scratches, or Other Damage to the Vehicle may indicate a problem when parking or navigating.
- Difficulty Following Traffic Indications and Signals: Your parent may be showing indications of cognitive decline if they appear uncertain or perplexed when they read traffic signs, stop signs, or traffic lights.
- Getting Lost in Known Places: Memory problems or spatial disorientation may be indicated by difficulty navigating routes one has driven for years.
- Slow Reaction Times: It can be harmful when someone noticeably slows down their reactions to unforeseen events like abrupt stops or barriers.
- Confusing Pedals or Controls: Mixing up the gas and brake pedals or having trouble utilizing other automotive controls might be dangerous.
- Having Trouble Seeing at Night: If your parent avoids driving at night because of vision issues, this could indicate a more serious vision problem.
- Physical Limitations: Problems steering, pedal control, or difficulty rotating the head to check blind areas can all be signs of physical limitations that restrict one’s ability to drive.
- Medical Conditions and Medications: Several ailments and drugs may make it challenging for a person to drive. For instance, if they are taking medications that have dizziness as a side effect, they may not be allowed to drive.
If you observe your elderly driver experiencing any of these problems, it’s crucial to seek the advice of medical professionals and find alternate forms of transportation to protect their safety while driving.
How Often Do Elderly Driving Accidents?
Elderly drivers typically have more experience and are more cautious when driving. They are, nevertheless, also more susceptible to some age-related conditions that may make senior driving accidents more likely.
According to the National Safety Council, in 2022, there were 9,547 motor vehicle deaths involving drivers and other road users who were 65 years of age or older, a 5% increase from 9,102 in 2021. For the last ten years, the number of older individuals in the US has also increased by 29%, translating into a 9.5% increase in the death rate per 100,000 people.
Moreover, senior drivers are more likely to cause or be involved in accidents if they are older. Bankrate reported that the most frequent reasons for senior driving collisions include:
- Misjudging another driver’s speed or the space between their car and another.
- Failing to surrender the right-of-way.
- Inadequately monitoring their surroundings.
Unfortunately, elderly drivers are involved in 96.61 accidents for every 1,000 persons involved in accidents.
Although age-related limitations may make older drivers more vulnerable, many of them manage to drive safely by acknowledging their limits and making the necessary accommodations. Given the significant number of senior driving accidents, family and friends must conduct preventive steps and routine monitoring to ensure road safety.
What Happens When Elderly Driver Hits Me?
Generally, a driver in California can be held responsible for an auto crash if it results from their wrongful actions. In such a situation, you must demonstrate that their actions directly caused the collision to receive compensation for the damages.
However, doing this means you must establish the elements of negligence in a car accident:
- The driver had a responsibility to ensure everyone’s safety.
- They failed to meet this responsibility.
- This breach led to the accident.
- The accident caused injuries or other damages.
In a senior driving accident, if an elderly driver’s actions caused the collision, they are responsible for covering the damage costs, regardless of age.
For instance, an elderly driver suddenly rear-ends you. During the investigation, the police determined that the driver was under medication, making them dizzy during the crash. Since they are not allowed to drive yet have decided to do so, they may be responsible for the damages.
Moreover, even if you have the right to compensation, several factors may hinder you from doing so. For example, if the elderly driver leaves the scene due to fear and panic after causing the accident, how will you claim compensation for the damages?
A California car accident attorney can help you collect evidence, locate the driver, and prove liability to ensure you get the justice you deserve. They can also determine the best legal alternatives to protect your rights.
Can a Guardian Be Liable for Their Elderly Parent’s Senior Driving Accident?
Aside from the elderly driver, guardians, such as their adult children, may be liable for the accident their parents caused. Here are some scenarios where guardians can be held accountable for a senior driving accident:
- Knowledge of Impairment: The guardian may be held accountable for any accidents the elderly parent causes if they fail to take action to stop them from driving despite knowing that their parent has severe physical or mental impairments that make it risky for them to drive.
- Negligent Entrustment: This legal term refers to the situation in which a person entrusts a car to someone they know, or should know, cannot drive it safely. A guardian may be held accountable for negligent entrustment if they permit their aging parent to drive even though they know the limitations on their driving abilities.
- Legal Responsibilities: If a court or other legal arrangement deems the guardian legally responsible for the elderly parent’s activities, the guardian may be held liable for neglecting to stop risky activity, including reckless driving. This is true if an individual has a fiduciary duty towards the elderly parent, meaning they have power of attorney or they are their legal guardian.
While guardians are not always liable for their parent’s elderly driving accidents, they can be held accountable if they deliberately let their impaired parent drive, endangering others.
Furthermore, while you can hold guardians accountable for their parent’s crash, you must have sufficient evidence showing they are also liable. This can be challenging, especially with limited knowledge about such intricacies. A California car accident attorney can assist you in determining who the liable parties are to maximize your claim.
Lawyer’s Tip: You can pursue several cases simultaneously if multiple parties are at fault. However, this can become complicated. A lawyer can handle each claim, ensuring you get the compensation you are entitled to.
Why Do I Need the Help of a California Auto Accident Attorney?
While it’s possible to claim compensation for elderly driving accidents, proving these cases can be challenging. Often, you will need access to the elderly driver’s medical records or driving history to demonstrate their incapacity to drive safely. Unfortunately, obtaining this information can be complicated, especially if you are recovering from injuries.
A California car accident attorney can help assess the facts and gather the necessary evidence to prove the elderly driver’s negligence. This allows you to focus on your recovery while they handle your claim.
They can also enhance your chances of a successful claim by:
- Collecting evidence to strengthen your case.
- Establishing liability for the responsible party.
- Evaluating the full extent of damages.
- Communicating with the insurance company.
- Initiating legal proceedings if necessary.
The Law Offices of Larry H. Parker, located in Southern California, have a team of highly skilled California auto accident lawyers who specialize in car accident cases and bring years of expertise in personal injury law. To explore the best legal options for your situation, contact us at 800-333-0000 or schedule a free consultation.
What Our Clients Say About Us
While many personal injury attorneys can manage your case, our dedication to diligently advocating on your behalf sets us apart. We go above and beyond to ensure our personal injury lawyers are thoroughly prepared to build a strong claim, as evidenced by our satisfied clients.
“I was in a motorcycle accident, and I called Larry H. Parker, and we came to a settlement pretty quickly. Larry H. Parker’s office handled everything for me, making my life much easier. I felt like Larry H. Parker cared. I’m glad I called Larry H. Parker. They did an excellent job, and I was happy with the settlement, and I’d recommend it to anyone.” LHP Client
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- Does a Poor Driving Record Affect My Car Accident Claim?
- 5 Things To Expect in Mediation for Car Accident Settlements
- What Makes Teen Driving Dangerous?
- These Are Five of the Most Serious Mistakes You Could Make When Filing a Personal Injury Case
Works Cited
“Older Drivers – Injury Facts.” Injury Facts. Accessed 19 June 2024.
“Safe Driving for Older Adults | National Institute on Aging.” National Institute on Aging, 20 December 2022. Accessed 19 June 2024.
“Section 13: Seniors and Driving – California DMV.” California DMV. Accessed 19 June 2024.
Sleight, Mandy, and Maggie Kempken. “2023 Senior Driver Facts and Statistics.” Bankrate, 14 August 2023. Accessed 19 June 2024.
