Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
Car accidents can happen to anyone. However, when an elderly driver is involved, unique factors must be considered. As Tulsa’s population continues to age, the number of senior drivers on the road is increasing.
Many elderly individuals drive safely. Generally, aging can impact someone’s ability to react quickly, see clearly, and make split-second decisions behind the wheel.
Suppose you’ve been involved in an accident with an elderly driver in Tulsa. You may be wondering how liability is determined and whether special legal considerations exist for these cases. Unlike other car accident cases, cases involving elderly drivers may require a closer examination of the driver’s health, medical conditions, and ability to operate a vehicle safely.
This guide explores the risks associated with elderly drivers, how Oklahoma law applies to these accidents, and what you should do if you’re involved in a collision with an elderly driver. Understanding these factors can help you protect your rights and ensure a fair outcome in your case.
The number of elderly drivers on the road is increasing every year. According to the National Highway Traffic Safety Administration (NHTSA), there are nearly 48 million licensed drivers aged 65 and older in the U.S. This represents a significant portion of the driving population.
Again, many older drivers are experienced and cautious. This doesn’t change the fact that the risk of serious accidents rises as people age.
Older adults are not necessarily more reckless behind the wheel. Nonetheless, age-related factors can make driving more dangerous. Such factors include slower reaction times, diminished eyesight, hearing loss, and cognitive decline.
Research shows that fatal crash rates begin to rise significantly at age 70. They peak for drivers aged 85 and older.
Drivers between the ages of 70 and 74 and those at or above the age of 85 tend to be the most at risk of dying in an accident.– Glass Tabor Law.
In many cases, elderly drivers are not only more likely to be involved in a crash—they’re also more vulnerable to serious injuries due to their physical fragility. Understanding these risks is essential when evaluating car accident claims involving older drivers.
Some states impose strict requirements for older drivers. This isn’t the case in Oklahoma. Our state does not have specific laws mandating additional testing based on age alone. However, all drivers—regardless of age—must renew their licenses every four years.
Elderly individuals are more likely than younger drivers to experience health issues that can affect their ability to drive safely. Oklahoma allows physicians, family members, and even concerned citizens to report elderly drivers they believe may no longer be capable of driving safely.
Physicians are permitted to report to the Department of Public Safety any patient whom they have reasonable cause to believe is incapable of safely operating a motor vehicle.– Oklahoma Government Website.
Once someone files a report, the Department of Public Safety (DPS) can request medical evaluations or driving tests to assess whether the elderly driver should still be allowed to operate a vehicle.
While elderly drivers are often careful on the road, certain age-related factors make them more prone to accidents. Some of the most common causes include:
Good eyesight is essential for safe driving. Unfortunately, vision naturally weakens with age. Many elderly drivers struggle with glare from oncoming headlights, have difficulty seeing road signs, or misjudge distances. Hearing loss can also make it harder to detect sirens, horns, or other crucial auditory cues.
Reflexes slow down as people age. This can be dangerous in situations that require quick decision-making, such as avoiding a sudden obstacle, reacting to a stoplight change, or braking to prevent a rear-end collision.
Some elderly drivers experience cognitive impairments due to conditions like dementia or Alzheimer’s. Even mild memory loss can affect a person’s ability to remember traffic rules, recognize road signs, or make proper lane changes.
Many older adults take prescription medications that can cause drowsiness, dizziness, or confusion. Certain medications can impair a driver’s ability to concentrate or react appropriately in high-pressure driving situations.
Studies have found that elderly drivers are more likely to be involved in accidents while making left turns. This is often due to misjudging the speed of oncoming traffic or failing to yield appropriately.
Oklahoma follows a modified comparative fault system. This means that liability in a car accident is determined based on each driver’s level of fault. If you were injured in an accident caused by an elderly driver, their age alone does not make them automatically responsible.
Instead, the fault is determined based on evidence such as:
Oklahoma’s system includes a special 50% rule, considered ‘modified.’ If your fault in the accident is 51%, you cannot recover any damages from the other party. – Graves McLain Injury Lawyers
In some cases, family members may also be held responsible under negligent entrustment laws if they allow an elderly driver with known impairments to continue driving.
Filing a claim against an elderly driver requires careful handling. Insurance companies may argue that pre-existing conditions caused injuries rather than the accident itself. Medical evaluations and expert testimony are often necessary to prove damages.
It’s also important to recognize potential biases. Juries may be sympathetic toward elderly drivers. This is one of many reasons why it’s essential to have strong evidence, such as medical records, accident reports, and witness statements.
An experienced personal injury attorney can help gather the necessary evidence and fight for fair compensation in these cases.
While elderly drivers can still be safe on the road, taking precautions is essential. Here are a few tips for aging drivers to reduce accident risks:
In Tulsa, organizations like the Oklahoma Safety Council and AARP Driver Safety Program offer courses designed specifically for elderly drivers. These resources help seniors maintain independence while staying safe.
Knowing the minimum insurance requirements in Oklahoma can help you understand claim options if you’re involved in an accident with an elderly driver.
| Coverage Type | Minimum Requirement |
| Bodily Injury per Person | $25,000 |
| Bodily Injury per Accident | $50,000 |
| Property Damage | $25,000 |
The most common causes include vision problems, slower reaction times, cognitive decline, medication side effects, and difficulty judging traffic gaps. These factors increase the likelihood of left-turn accidents and rear-end collisions.
Yes. Under Oklahoma’s comparative fault system, if an elderly driver is found to be at least 51% responsible, they are liable for damages. Liability depends on negligence, such as failing to yield or impaired driving due to age-related conditions.
Insurance companies may argue that pre-existing health conditions, rather than the accident, caused the victim’s injuries. Substantial medical evidence is necessary to counter these claims and prove liability. Other evidence, such as eyewitness testimony, may also play a role in a case.
Document the accident, take photos, gather witness statements, and seek medical attention. Contact a personal injury lawyer to ensure your claim is handled correctly and that you receive fair compensation.
Yes. If a family member knowingly allowed an elderly driver with cognitive impairments to drive, they could be held liable under negligent entrustment laws.
Car accidents involving elderly drivers can be more complicated than regular accidents. This is often because age-related issues like slower reflexes, vision problems, or medical conditions may play a role. While many seniors drive safely, some may struggle with the physical and cognitive challenges that come with aging.
At Graves McLain Injury Lawyers, we understand the challenges that come with car accident claims, especially those involving elderly drivers. Our team is here to help you with the legal process and get the compensation you deserve. If you need legal advice, reach out today to discuss your case.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
