Just because a driver is older doesn’t necessarily mean they’re dangerous. The youngest drivers are more likely to cause accidents, but with age comes a greater risk of conditions that can impair a person’s ability to drive safely. Ignoring that fact doesn’t make it go away.
If a cognitively impaired driver injures you or a loved one, no matter their age, they may have been negligent by getting behind the wheel in the first place, in addition to whatever they did to cause the accident. Personal injury lawsuits are based on the knowledge and actions of dangerous drivers. The law doesn’t give a pass or favorable treatment to those who are elderly or cognitively impaired.
What is Cognitive Impairment?
Cognitive impairment occurs when you have problems solving problems or remembering things. It’s not an illness, but it can be a side effect of one, according to Healthdirect Australia. Those cognitively impaired may struggle with:
- Remembering things
- Paying attention
- Speaking or understanding
- Recognizing people, places, or things
- May feel overwhelmed when experiencing new places or situations
Cognitive impairment goes from mild to severe and can affect driving ability. A driver may become distracted and stressed if they have difficulty paying attention, don’t remember where they are or where they’re going, or can’t recognize where they are.
Other attorneys take contingent fees of 33% to 50% of your settlement.
We want you to keep more of your money.
Our contingent fee is only 30% on cases settled prior to filing suit.
Address the Issue Before It Becomes a Problem
Talk to your family and physician if you’re older and fear you’re having difficulty driving responsibly. It’s better to deal with this issue before there’s an accident and you, or another person, may be severely injured or killed. You may be able to drive safely in limited circumstances (during the day) or while avoiding certain places (like highways).
Older, Cognitively Impaired Drivers are on the Road
Most older adults with cognitive impairment in a Texas county drive, despite caregivers and others raising concerns, according to a Michigan Medicine study. The study involved assessing more than 600 adults older than 65 in Nueces County whose scores on a cognitive test showed a likelihood of impairment.
Of those cognitively impaired, 61.4% drove, and about a third of people caring for them raised concerns. Whether it’s safe for these people to drive depends on their level of impairment and the situations when they drive. Some may be too impaired to drive safely, no matter the circumstances.
About one in nine Americans, 65 and older, or 6.7 million people, are believed to live with Alzheimer’s, while millions more have other types of dementia. Dementia is the loss of cognitive functioning to the point it interferes with a person’s daily life and activities, according to the National Institute on Aging. How many of these people drive (Thousands? Millions?) is unknown.
Cognitive impairment and dementia may affect visual and neuropsychological skills, reducing the ability to safely drive. A 2017 review of vehicle crash risk found that dementia has a medium to large impact on driving impairment, and those with dementia are more likely to fail a road test compared to those without. On the bright side, the Michigan study found the more cognitively impaired someone was, the less likely they were to drive.
Raising Concerns With the Driver is All Well and Good, But What If It’s Not Enough to Get the Person Off the Road?
More than a third (35%) of caregivers voiced concerns about a person’s ability to drive safely, even when many study participants limited their driving and avoided traveling at night or in the rain.
Discussions about driving can be difficult, with the older driver fearing a loss of autonomy and feeling embarrassed about their mental decline. Researchers suggest starting conversations about driving early when the driver is better able to understand and participate in the discussion.
Even the best open, honest, and helpful discussion about driving safety may not result in the person giving up their keys. They may not recognize the danger they pose to themselves and others because they’re stubborn, fear a loss of freedom, or due to a mental impairment. They may feel they have a right to drive when it’s a privilege that can be taken away.
Kentucky’s Division of Driver Licensing accepts information from doctors, county or city officials, police, or citizens familiar with a driver’s abilities who are concerned about their driving. Two people and a notary must sign the required affidavit if a citizen provides the information.
If you want to try to stop an unsafe driver who won’t voluntarily give up driving, you must complete a Medical Review Board Affidavit and mail it to the Transportation Cabinet. It won’t be kept confidential and may be released to the person you’re concerned about. A person’s driving privileges may be lost or restricted.
If this person is a friend or family member, it may affect your relationship and make them angry with you. But how will you feel if this driver causes an accident that you could’ve prevented, one resulting in a catastrophic injury or death?
Discussions and empathy toward another are essential when dealing with someone whose driving is impaired by age. But if logic, emotional support, and facts don’t result in changed behavior, you’ll need to act, or blood spilled by the driver will be on your hands, too.
What’s the Next Step?
If you or a family member are injured in a vehicle accident with a cognitively impaired driver and want help from an experienced attorney to represent you in a personal injury case, call The Fleck Firm for a free consultation at (270) 446-7000. We are dedicated and compassionate when fighting for our clients. When you contact us, we’ll discuss the accident, your injuries, the law, and your best options. Insurance companies have lawyers. You should have one, too.
