In March 2024, an elderly man driving a Mercedes SUV in the wrong direction struck and killed four people standing at a metro bus stop.
In August 2023, an elderly driver plowed into a Los Angeles car dealership, injuring two people and killing one person. The driver, an 84-year-old female, accidentally hit the accelerator instead of the brake.
In February 2024, an elderly male driver drifted into the opposite lane and collided with a minivan. Eight people, including the elderly driver, were killed and one person was injured.
The danger is real, folks. All sorts of impairments can creep in when a person becomes elderly, and those same impairments can lead to unsafe driving, car accidents, and sometimes death.
When Should a Senior’s Driving Privileges Be Limited?
The Texas Medical Advisory Board’s Guide for Determining Driver Limitation recommends that considerations for licensing of the elderly should include:
- General weakness.
- Organic brain syndrome that causes memory loss.
- Slowed reaction time.
- Confusion or psychoses.
- Musculoskeletal disabilities.
- Loss of visual acuity and peripheral fields.
It’s tough to limit a senior’s time behind the wheel. Driving is freedom. The ability to drive directly impacts a senior’s quality of life. The Guide acknowledges that attempts should be made to preserve the privilege of driving, as long as the danger to the senior and others is no greater than that of the general population.
It boils down to a question of safety and money. An elderly impaired driver could injure himself or others. He could also be sued for negligence for driving with impaired vision, a history of dizziness, slowed reflexes, or being on medication with a warning not to drive.
The liability doesn’t stop there. You could also be negligent if you loan your vehicle to him knowing he is no longer a safe driver, and he then causes an accident.
What can be done?
Driving Qualifications for the Elderly
The Texas Department of Safety is doing its part. Texas drivers aged 79 or older can only renew their license in person at an authority license renewal station. Drivers aged 85 and older have additional restrictions:
- They must renew their license every two years.
- Pass a vision test.
- Provide medical history information.
How to Approach Driving Restrictions with a Loved One
You can do your part. In advance of a crisis, you can talk to your dad about signing a Family Driving Agreement. He would agree in writing to designate someone to advise him when it is time to give up the keys. In the best of worlds, your dad’s spouse and all of his children would also sign the agreement.
If the time comes when your dad is a danger to himself and others, and you don’t have a Family Driving Agreement, then you may need to have The Talk. Try these points:
- If you get into a wreck, your car insurance can drop you from coverage.
- If I let you use my car, my car insurance can drop me from coverage.
- You wouldn’t want to cause a wreck that hurts someone, would you?
- If you cause a wreck, you could get sued and lose everything.
- If you cause a wreck, you could go to jail.
- If you get into a wreck, you could be severely injured and end up in a nursing home for the rest of your life.
Hammerle Finley Law Firm is Here to Help Keep Your Elderly Loved One Safe
If talking doesn’t work, then you may need to progress to more drastic actions: hide the keys, sell the car, turn him into the Texas Department of Public Safety, or file for guardianship. If you think it’s time to start the guardianship process, contact the experts at Hammerle Finley Law Firm today to schedule a consultation.
Or your dad could do his part and hand over the keys.
Virginia Hammerle is an accredited estate planner and represents clients in estate planning, probate, guardianship, and contested litigation. She may be reached at legaltalktexas@hammerle.com. This blog contains general information only and does not constitute legal advice.
