Being a safe driver requires being alert, making good decisions, and quickly reacting to the movements of other road users. When those requirements can’t be fully met, people shouldn’t get behind the wheel. That’s why driving while impaired/intoxicated and using a cell phone while driving are against the law in Oklahoma.
However, some people experience a significant impairment in their ability to drive safely through no fault of their own due to disease. Alzheimer’s disease and dementia are common age-related conditions, and they can progress slowly over the course of many years. That means that many elderly drivers get behind the wheel every day while being far less capable of handling the demands of driving than they were in the past—all without realizing their new limitations.
When elderly drivers cause car accidents through negligence, they can and should be held liable just like drivers of any other age group. But what happens if those elderly drivers are suffering from Alzheimer’s disease or dementia?
An Alzheimer’s Disease or Dementia Diagnosis Doesn’t Exempt Drivers from Liability
In their most advanced stages, Alzheimer’s disease and dementia are profoundly disabling and often fatal. Patients may be unaware of their surroundings and unable to recognize loved ones. However, people in the early stages of these diseases may have few symptoms and be able to live independently for years.
Oklahoma law says that drivers who are diagnosed with dementia “may be allowed to continue to drive in Oklahoma if their physician indicates that they are presently safe to drive and if they can pass the road test.” They also must be periodically tested by a doctor to determine if or how much their disease has progressed and whether it has impacted their ability to drive safely.
When drivers with only mild symptoms of Alzheimer’s disease or dementia and who have been cleared by their doctors to drive end up causing crashes, they can be held liable for any damages they cause.
Potential Damages in Crashes Caused by Drivers With Dementia or Alzheimer’s
Accidents involving drivers with dementia or Alzheimer’s can lead to devastating injuries and complex legal situations. It’s crucial to understand the various types of damages you may be eligible to recover to ensure you receive the full compensation you deserve. Here’s how we can assist:
- Medical Expenses: Our firm can assist in recovering compensation for all medical expenses incurred due to the accident. This includes hospital bills, ongoing treatment costs, medication, and any necessary rehabilitation.
- Lost Wages: If the accident causes you to miss work, you may be entitled to recover lost wages. This covers the income you would have earned during your recovery period, helping to alleviate financial stress while you focus on getting better.
- Pain and Suffering: Depending on the severity of your injuries, you may also be entitled to compensation for pain and suffering. This encompasses the physical pain and emotional trauma you experienced because of the accident, acknowledging its broader impact on your quality of life.
Our team is experienced in handling the unique legal challenges that arise from accidents involving drivers with cognitive impairments. By working with us, you can focus on your recovery while we fight to secure the maximum compensation you are entitled to.
Family Members and Caregivers May Be Held Liable for Crashes Caused by Patients with Advanced Dementia
As Alzheimer’s disease and dementia progress, patients may no longer be able to drive safely. When that happens, their doctors are permitted to report them to the Oklahoma Department of Public Safety (DPS) if they believe they are incapable of safely operating a motor vehicle.
In addition to reporting them to the DPS, they should also notify their caregivers and family members. Upon being notified that the person with Alzheimer’s disease or dementia is no longer capable of driving safely, the caregivers or family members are then required to prevent the patient from driving. If they fail to do so, they may instead be held liable themselves if their loved one causes a crash.
Note, however, that family members typically bear no liability if their loved ones with Alzheimer’s disease or dementia cause crashes while living full-time in caregiving facilities or under the supervision of full-time caregivers.
Warning Signs That a Loved One Should Stop Driving
It’s heartbreaking when families have to make the tough decision to take their family member’s independence away. It’s also challenging to know when the time has come. Here are a few warning signs to look for that may help you with the decision-making process:
- Getting Lost on Familiar Routes: If your loved one starts getting lost on routes they have traveled for years, it could indicate significant cognitive decline. This confusion not only poses a danger to them but also to other road users, signaling that it might be time to reassess their driving ability.
- Neglecting Vehicle Maintenance: A decline in attentiveness can be reflected in how your loved one maintains their vehicle. Forgetting routine tasks like oil changes, ignoring warning lights, or neglecting tire care are signs that their focus and responsibility are diminishing.
- Changes in Reaction Time or Awareness: Noticeable changes in reaction time while driving, such as delayed responses to traffic signals or difficulty staying focused on the road, are critical warning signs. These changes can significantly increase the risk of accidents.
If you observe any of these warning signs, it’s important to prioritize safety and have a compassionate conversation with your loved one about alternative transportation options.
Tips for Preventing a Loved One with Alzheimer’s or Dementia From Driving
It can be difficult to predict the progression of Alzheimer’s disease and dementia. Patients may show only mild symptoms for years and then suddenly take a turn for the worse in a matter of months or weeks. However, patients who suddenly worsen may still want independence, including the ability to drive.
It’s important for family members and caregivers to be open and honest about why the person with Alzheimer’s disease or dementia is no longer allowed to drive. Gifting their car to another family member or selling it and using the money to pay for their living expenses can reduce the risk that they get behind the wheel while also helping them cope with their lost independence.
We Handle Negligent Crashes Caused by Drivers with Alzheimer’s Disease and Dementia
At Parrish DeVaughn Injury Lawyers, we sympathize with both victims of Alzheimer’s disease and dementia and their loved ones. These diseases are tragic and often put enormous stress on families. But we also know that once patients are ruled incapable of driving safely, they must stay off the road at all costs to protect themselves and others.
If you or someone you love was hurt in a crash caused by a driver with Alzheimer’s disease, dementia, or another cognitive impairment, we want to help. Depending on their diagnosis, they may be directly liable for your damages, or you may be able to get compensation for your injuries from their caregiver or family member. Contact us today for a free consultation. Our Oklahoma car accident attorneys want to help you get maximum compensation.
Originally published June 20, 2022.
