Do you have an elderly parent who insists on driving, causing you to constantly worry? If so, you are not alone. Most people feel a moral obligation to care for their parents. However, when it comes to an auto accident, the legal responsibilities can be more complex. There is a difference between worrying about your parents getting into an accident and being held legally responsible. When it comes to driving, people are almost never responsible for any accidents caused by their parents. However, there are certain situations in which it can be more complicated.
If your elderly parent has recently been involved in a car accident and you are worried about taking some of the blame, you should contact a skilled power of attorney lawyer. Partnering with a skilled lawyer is the best way to ensure your rights are protected. Here is some important information to know about any liability you may have in the case of a car accident involving your parents.
Do Elderly Drivers Cause Accidents?
According to the CDC, there are more than 40 million licensed elderly drivers above age 65—that is a 50 percent increase since 1999. Additionally, they reported that on average, 7,000 elderly adults die each year in car accidents and over 200,000 receive emergency treatment for injuries related to motor vehicle crashes. An elderly driver may face challenges such as decreased reaction time and impaired vision, which can increase the likelihood of accidents.
Many people are naturally inclined to worry about their elderly parents or family members who drive—and with good reason. However, in most instances, people can not be held liable for their parents’ behaviors on the road.
Can I Be Liable if My Elderly Parent Causes a Car Accident?
Most of the time, the answer is no. While you may feel responsible for your elderly parent driving, you are not normally legally responsible for any accidents they cause. Taking care of your parents is not equivalent to taking care of a child. Elderly people have more agency, meaning that even if your parents live with you and you cover the expenses—such as gas, their car insurance, etc.—you are still not legally responsible for their actions, driving or not.
However, if you own the car your parent was driving during the accident and it is registered in your name, it can get more complicated. In some cases, you could be held liable under the concept of negligent entrustment if you knowingly allow an unsafe elderly parent to drive your car. Things get even trickier if you were aware of your parent’s driving abilities (or lack thereof) at the time the accident happened. The laws outlining a person’s liability in this situation vary by state, but most will hold you accountable to some level, and you may face legal consequences if you were aware of your parent’s unsafe driving abilities.
Understanding Elderly Parent Driving Risks
As people age, their physical and cognitive abilities can decline, making it more challenging to drive safely. Elderly parents may face various risks on the road, including decreased reaction time, impaired vision, and cognitive decline. According to the Centers for Disease Control and Prevention (CDC), there are over 40 million licensed drivers above age 65 in the US, a 50% increase since 1999. This demographic shift has led to concerns about elderly parent driving risks and the potential consequences for themselves and others on the road.
Managing Elderly Parent Driving
Managing elderly parent driving requires a delicate balance between respecting their independence and ensuring their safety on the road. Family members can play a crucial role in assessing their elderly parent’s driving abilities and taking steps to mitigate potential risks. This may involve:
- Encouraging elderly parents to take a defensive driving course to refresh their skills and knowledge of road safety.
- Limiting their driving to daylight hours and familiar routes to reduce the risk of accidents.
- Considering alternative transportation options, such as public transportation or ride-sharing services, to reduce their reliance on driving.
- Having open and honest conversations with elderly parents about their driving abilities and any concerns they may have.
By taking these steps, family members can help their elderly parents maintain their independence while ensuring their safety and the safety of others on the road.
State Laws and Elderly Parents
State laws regarding elderly parents and driving vary, but most states have laws in place to ensure public safety. For example, some states require elderly drivers to renew their licenses in person, take a vision test, or complete a driving test to assess their abilities. Family members should familiarize themselves with their state’s laws and regulations regarding elderly parent driving to ensure they are taking the necessary steps to protect their loved ones and others on the road.
Consider Getting a Motor Vehicle Power of Attorney
If you are concerned about your parent’s worsening driving abilities, one option is to consider getting a Motor Vehicle Power of Attorney (POA). One of the most challenging aspects is addressing the issue of driving privileges, especially when safety concerns arise. A POA will allow your parent to redirect all matters related to registering, licensing, and driving their vehicle to you. This can be especially helpful when a car owner is no longer able to attend to their vehicle’s needs. To craft a POA, you will need to include information about your parent and their vehicle and have the document properly notarized. Encouraging their elderly parent to drive safely and responsibly is a crucial step for any family member.
Protecting Yourself and Your Elderly Parent
Protecting yourself and your elderly parent from potential legal consequences requires a proactive approach. Family members can take steps to minimize liability risks by:
- Ensuring their elderly parent’s vehicle is properly maintained and insured.
- Encouraging their elderly parent to drive safely and responsibly.
- Considering alternative transportation options to reduce their reliance on driving.
- Seeking legal advice from a qualified attorney if they have concerns about their elderly parent’s driving abilities or potential liability risks.
By understanding elderly parents’ driving risks, managing their driving, familiarizing themselves with state laws, and taking steps to protect themselves and their loved ones, family members can help ensure a safe and responsible driving experience for everyone involved.
Get Help from an Experienced Power of Attorney Lawyer Today
If you are worried about your parents being the cause of a devastating car crash, you should consult with a skilled power of attorney lawyer. A skilled POA attorney can guide you through the legal process of establishing powers of attorney and other necessary legal frameworks. A skilled POA attorney can help you prepare for the unexpected by establishing powers of attorney and advancing healthcare directives. At Rubin, Glickman, Steinberg & Gifford, our POA attorneys are dedicated to helping you plan ahead for the future.
Our attorneys have extensive experience helping clients throughout Montgomery County, Bucks County, and the surrounding region with their estate planning matters. Our team always handles our clients’ legal and financial affairs with the utmost care and attention to detail. To schedule a free consultation with a skilled POA, complete a contact form or call today at 215-822-7575.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
November 6, 2024
