The Los Angeles personal injury lawyers at BISNAR | CHASE have always been concerned about the danger posed by elderly drivers on our roadways. This serious public safety concern continues to grow with a new wave of aging baby boomers. I have also been a strong advocate of frequent retesting for seniors so their competency to drive can be determined. If they shouldn't be driving, they should not have a license. But when that doesn't happen we have incidents like the one recently in Tehachapi, California, where 82-year-old Eilene Huber drove her Nissan Frontier pickup truck through the wall of the local post office on September 15, 2009. Injured in the crash was 68-year-old Isaac Allen who was checking his mail at the P.O. box section. Allen sustained a broken kneecap and multiple deep bruises and cuts.
Filing for Re-Examination
Huber is not going to be prosecuted because this California car accident happened in a parking lot and not a city- or county-owned roadway. However, anyone can file a request for Huber's reexamination for any reason. What this means is that Huber will be required to take a driving, vision and other tests and her license will be reissued only if she meets the requirements. Doctors, law enforcement officials and family members very often make this reexamination request to the Department of Motor Vehicles.
According to DMV statistics, more than 48,000 re-examinations were filed in California in 2008 alone. The most common reason states for re-examination was "lapse of consciousness," filed 13,815 times. "Lack of skill" was cited as a reason for 5,220 re-examinations and "lack of knowledge/skill" accounted for 4,100 re-examinations. Sometimes, the DMV takes action, but in some cases, the seniors get their driver's licenses back.
Increase in Elderly Driver Population
California now has almost 3 million drivers who are 65 years or older, according to the Department of Motor Vehicles. A recent study by Carnegie Mellon University in Pittsburgh and the AAA Foundation for Traffic Safety shows fatality rates for drivers begin to climb after age 65. In 2005, about 11 percent of fatal traffic accidents in the United States involved drivers 65 or older.
California laws do not require elderly drivers to pass road tests. I believe these tests can be critical in identifying drivers whose physical ability or mental awareness is not what it used to be. Such requirements are clearly overdue here in California and will go a long way in preventing potential car accidents, serious injuries and fatalities.
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.
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