As America’s population grows older, so does the number of licensed drivers over the age of 65. According to the Insurance Institute for Highway Safety (IIHS), elderly drivers accounted for 20% of all drivers in 2024, a significant rise from the previous decade.

Many seniors maintain safe driving habits, but the natural effects of aging, such as declining vision, slower reaction times, and certain chronic conditions, make elderly driver car accidents more complicated from both a medical and legal standpoint.

These collisions aren’t always straightforward fender benders. They involve sensitive family matters, disputed fault, and, often, complex legal interpretations. Whether you’re the elderly driver or another involved party, understanding how to navigate this situation legally and ethically is essential.

Knowing what to do right after a car accident involving an elderly driver can prevent further injury, preserve vital evidence, and protect your legal interests.

1. Check for Injuries and Call Emergency Services

Always prioritize safety. If anyone is injured, dial 911 immediately. Medical professionals can treat injuries and assess if a senior driver may be suffering from a medical episode, like a stroke or diabetic shock, which could explain the accident.

2. Move to Safety and Secure the Scene

If vehicles are drivable, move them to the side of the road or a safer location. Use hazard lights, flares, or cones if available. This not only prevents further danger but also helps with documenting the event.

3. Contact the Police and Wait for a Report

Even in seemingly minor accidents, especially when an older adult is involved, having an official police report is essential. The officer can assess if the elderly driver appears disoriented, impaired, or unfit to drive.

4. Exchange Information and Stay Calm

Collect names, contact info, driver’s licenses, registration, and insurance details. Avoid assigning blame or making comments about age, as this can later be used against you in legal proceedings.

5. Document the Scene

Ask any bystanders or nearby residents if they witnessed the accident. Get their names and phone numbers. Independent third-party accounts can be key in proving your case.

7. Seek Medical Attention

Potential for Negligent Entrustment

Licensing Restrictions and Failures

Diminished Capacity Defense

Understanding the medical factors that may contribute to elderly driver car accidents can help identify preventable issues and build a strong case for potential litigation.

Vision and Hearing Loss

Slower Reaction Times

Chronic Medical Conditions

Medications

Cognitive Impairments

Here are some of the most common reasons elderly driver car accidents happen:

1. Confusion at Intersections

Cognitive lapses can lead to driving on the wrong side of the road or entering one-way streets incorrectly, especially in unfamiliar neighborhoods.

3. Failure to Obey Traffic Signs

Due to vision problems or confusion, elderly drivers may miss stop signs, speed limit changes, or crosswalk markings.

4. Drifting or Lane Departure

Drowsiness, poor coordination, or a medical event can cause the driver to swerve or drift into adjacent lanes.

5. Poor Nighttime Visibility

A car accident with an elderly driver can quickly evolve into a complicated legal maze involving insurance disputes, medical assessments, family conflicts, and nuanced state laws.

Here’s why you need a personal injury lawyer, especially from Roxell Richards Injury Law Firm:

We’ve worked on countless cases where a driver’s health was central to proving fault or defending against it. We collaborate with medical professionals and accident reconstruction experts to build strong, evidence-based claims.

2. We Handle Sensitive Family Dynamics

If the driver is your parent, grandparent, or spouse, it can feel like you’re betraying them by seeking legal help. We’ll help you navigate the situation with professionalism, empathy, and discretion.

3. We Fight Insurance Company Bias

Insurers often use age-related stereotypes to delay or deny compensation. Our firm knows how to counter these tactics with medical facts and legal authority.

4. We Maximize Your Compensation

🚨 Don’t wait. Every moment you delay gives insurance companies a head start.

An elderly driver involved in a car accident requires more than a generic legal approach; it demands experienced, compassionate, and determined representation.

Whether you’re: