Older Drivers

In 2022, there were approximately 57.8 million citizens in the United States age 65 and older, which represented about 17.3% of the total population of the United States. According to the Federal Highway Administration, older drivers accounted for 21% of all U.S. licensed drivers in 2021 and made up 13% of motorists involved in deadly collisions.

Whether you’re an older driver who has been injured in a traffic accident or whether you’ve been injured by a senior driver, these cases are different than the average car accident. In these situations, older occupants may face more expensive injuries and with senior drivers there may be a question of liability. Before you make a statement to your insurance company and before you sign anything, contact The Law Office of Mark A. Siesel for a free consultation. Whether you’re in Westchester County, New York, or surrounding areas, we’ll give you an honest assessment of your situation so you know how to move forward.

What Are the Risks of Older Drivers?

The number of US drivers age 70 and older is increasing due to the fact that “baby boomers” account for a larger segment of the population than before and are keeping their licenses longer. Interestingly, drivers 70 and older are involved in a smaller number of fatal crashes than they were in the past, according to the Insurance Institute for Highway Safety (IIHS). 5,626 people 70 and older were killed in car accidents in 2022, representing a 45 percent decrease since 1975.

This is partially attributable to the fact that many older motorists restrict their driving in general, and night driving in particular, as well as limiting other difficult driving situations. According to the IIHS, older drivers are more likely than younger drivers to be aware of their limits and to adjust their driving to account for them. Older motorists are less likely to speed and engage in some other high-risk behaviors. Senior drivers may also have more experience with driving in general, which can help them remain safe motorists.

In addition, improvements in the field of medicine and in technology have meant that seniors are living healthier lives longer, allowing them to drive safely, too. In addition, assistive technology makes it possible to overcome some age-related issues. For example, cameras and sensors allow drivers with mobility challenges to check blind spots more readily.

This doesn’t mean that all senior drivers are safe on the road, however.

According to The National Highway Traffic Safety Administration, (NHTSA) senior drivers 70 and over are more likely to be involved in certain types of car accidents, such as accidents merging onto a roadway, and intersection crashes. The NHTSA also reports that failure to yield the right-of-way is the most common mistake that senior drivers make leading to car crashes. The Insurance Institute notes that senior drivers often see the other vehicle but misjudge the time they have to enter the roadway. Drivers 80 and older more often simply fail to see the other vehicle entirely.

Per mile traveled, fatal collision rates start to increase dramatically during the ages of 70-74 and are highest among operators who are 85 or older. The enhanced risk of motor vehicle accidents is due to several factors, including the following:

• Age-related medical conditions, which can affect vision, mobility, and decision-making.
• Seniors with advanced cognitive impairment may not realize the extent of their condition and may not be able to make appropriate choices about driving on their own.
• Driving and road conditions may have changed since a senior motorist was first licensed, and not all drivers react appropriately.
• Medications for some medical conditions can have side effects, and elderly individuals are more likely to have chronic conditions that require medication.
• Older drivers may be more at risk of having a medical emergency, such as a heart attack or stroke, and if this occurs during driving it will likely result in a collision.

Senior drivers and occupants also face an increased susceptibility to injuries, (and in particular, chest injuries from striking the steering wheel or other non-movable objects in the vehicle), and complications once injured, instead of just a greater likelihood of being involved in car crashes.

What Are the Risks for Older Passengers and Motorists?

With regard to fatal car accidents, older drivers are more of a danger to themselves and their passengers than they are to other drivers, according to the IIHS. Part of the reason for this is that they are older and more susceptible to serious injuries. Frequently the passengers in vehicles operated by older drivers are seniors themselves, who are also more vulnerable to serious injury or death.

Pre-existing medical conditions are more likely in senior drivers and passengers. For example, car occupants with osteoporosis may be more vulnerable to fractures in a crash and those broken bones may take longer to heal. Complications may also be more common in someone with a complex medical situation.

What Can I Do If I’ve Been in a Car Accident?

In a situation where you’re in a traffic accident involving an elderly driver, make sure you get medical emergency attention for anyone who is injured at the scene. Get as many photos and write down as many details of the crash as you can. Get yourself medically evaluated right away, too. The more facts you have about the case and your medical condition, the better position you’re in to file a claim and get compensation. You will also want to work with a car accident lawyer. If the other driver was knowingly driving while impaired or not able to drive safely, you shouldn’t have to absorb the cost of your injuries. An experienced lawyer won’t guess at what caused your accident—he or she will investigate the accident and get all the facts, building a strong case for you.

For elderly drivers who have been involved in a car crash, it may also be more common for authorities and others at the scene to assume the senior motorist was at fault, even if this was not the case. In this situation, drivers will want to work with an experienced car accident attorney to make sure they don’t get blamed for an accident they didn’t cause. An attorney can build a strong case to make sure you get any compensation you qualify for.

An attorney makes sure you seek maximum compensation for your injuries, so more of your costs are covered, including:

• Pain and suffering caused by your physical injuries.
• Current and future medical costs related to your injury.
• Wage losses, including future income losses and future earning capacity loss, if you can’t work because of your injury.
• Car rental costs.
• Car repair and property damage costs
• Incidental, out-of-pocket expenses, like the cost of at-home care.

Should you lose a loved one in a traffic collision, your attorney can help you file a wrongful death claim if you qualify. This may help you get compensation for final medical bills and funeral expenses. A claim in this situation can also help you replace the financial contribution your family member made to your household.

How Can The Law Office of Mark A. Siesel Help Me?

At The Law Office of Mark A. Siesel with offices in White Plains and Peekskill, New York, our experienced litigators have represented the victims of car crashes, motorcycle accidents, bus and truck accidents, and other vehicle crashes. We’ve negotiated with some of the biggest car insurance companies and have presented client cases before the state and federal courts of New York State.

From the inception of the case through its conclusion by way of settlement, trial, or alternative dispute resolution, we fight the insurance companies and their defense counsel for the maximum compensation for our clients’ pain and suffering, past and future medical and hospital expenses, lost earnings, loss of earnings potential, and loss of enjoyment of life. Call our office at (914) 428-7386 or reach out to us online for a free consultation to discuss your case in detail.