Are You Concerned About Your Elderly Loved One Driving?

As your parents and relatives get older, you may worry about them driving. Elderly drivers are often experienced and cautious drivers. But they face a lot of issues that can make it hard for them to remain safe behind the wheel.

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Elderly drivers may deal with muscle weakness in their legs and feet, confusion and getting lost, declining eyesight, and being intimidated by high speeds and heavy traffic. All of these issues and others could result in your loved one being in a serious or fatal crash.

To ensure your elderly drivers limit their driving appropriately or stop driving at the right time, you need to be proactive about talking with them about their abilities and recent driving experiences. By having these difficult conversations, you can save your loved one from a great deal of pain in the future.

Signs Your Loved One May Not Be Able to Safely Drive

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You should be aware of signs that it may be time for a senior relative to limit their driving or give up their driver’s license.

Common signs that someone can no longer safely drive include:

  • Missing or ignoring traffic devices
  • Driving too slowly
  • Becoming confused, disoriented, or lost in familiar places
  • Having trouble reacting to sudden changes
  • Braking or stopping abruptly without need
  • Accelerating suddenly without need
  • Drifting into or straddling lanes
  • Making sudden lane changes
  • Failing to use turn signals or leaving signals on after a turn or lane change
  • Forgetting to check for oncoming traffic when turning or making a lane change
  • Backing up after missing a turn or exit
  • Having trouble parking
  • “Two-footed driving”- simultaneously pushing on the brake and the accelerator
  • Dents and scrapes on the vehicle from hitting mailboxes, fences, and garage doors
  • Being issued two or more warnings or tickets in the previous two years

Colorado Laws for Elderly Drivers

Colorado has several driving laws that may apply to the seniors in your life.

License Renewals

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Up until a person is 60 years old, they can renew their driver’s license every 10 years. Then, the state requires that everyone who is 61 years or older renew their driver’s license every 5 years. Until someone is 66 years old, they can renew their driver’s license online or by the mail.

Once an individual reaches the age of 66, they must renew in person and take and pass a vision test. Anyone older than 66 years can only renew their license by mail if they have passed a vision test within the previous 6 months.

Re-Examinations

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The state may require (or a family member, physician, or law enforcement agent can request) that a driver go through another examination. The state may do so if a driver has two accidents on their record within 3 years or if a driver is involved in a fatal crash. A physician, family member, or law enforcement officer can also request that the state require a re-examination based on medical concerns.

If the state requires a driver to take a re-examination, the driver is notified by mail. The driver then has 20 days from the date of the letter to take a re-exam at the nearest full-service office. A re-examination encompasses vision, writing, and driving tests.

It is important to note that physicians are not required by Colorado law to notify the state when a senior’s eyesight is too poor to drive. You cannot rely on your loved one’s doctor to notify the DMV when their eyesight has gotten too bad or to do anything when they know.

License Restrictions

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Depending on the results of your loved one’s vision or driving test, their license may be restricted based on when and where they can drive. For example, your loved one may not be allowed to drive at sunrise or sunset, or when it is nighttime.

Speak with Your Older Family Members

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It is all too clear that families are not talking with their older loved ones about driving. According to a study by the AAA Foundation for Traffic Safety, nearly 83 percent of elderly drivers reported they never spoke to a family member or physician about their safe driving abilities. Of the seniors who did talk with their families about driving, 15 percent did so after a traffic offense or accident.

You do not want to have to address your loved one’s driving after they are involved in or the cause of a crash. Instead, it is important to start these conversations early. It can be tough to bring up.

Most elderly drivers are very reluctant to admit their driving abilities are diminishing. However, there are ways to address the situation while still being proactive and kind.

Colorado offers a Guide for Aging Drivers and Their Families. In this guide, there is a self-examination that you can go through with your loved one to determine if they are showing signs of unsafe driving. It also provides tips on how you can be more involved and help your senior loved ones prepare for when it is time to stop driving.

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Contact a Lawyer Today

If your elderly loved one has been in an auto accident or if you or a loved one were injured by an elderly driver, speak with an attorney about your options. A Denver personal injury lawyer at the Donaldson Law, LLC can help, so contact us today to schedule your initial consultation.

Uninsured/ Underinsured Motorist Coverage –Why Is It Important?

In the field of personal injury law, one of the hardest things we have to do is tell a seriously injured client that the driver who caused their injuries has no insurance coverage or minimal policy limits of $25,000.  These situations can become even worse if we discover that our client has waived uninsured/underinsured (UM/UIM) motorist coverage on their own policy or that they, too, carry only minimum limits of $25,000.

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Most people who waive such coverage tell us they had no idea of the full scope of benefits provided by UM/UIM motorist coverage.  Not knowing the benefits, many simply chose to waive the coverage or accept minimal limits as a cost-saving measure.  Unfortunately, after you’ve been injured in a crash, it’s too late to go back and adjust your insurance coverages to better protect yourself and your family.

What is UM/UIM Coverage?

Uninsured/underinsured motorist coverage covers you, your family members, and passengers if you are injured by an uninsured driver.  If you have UM/UIM coverage on your policy, your own insurance company will step into the shoes of the uninsured driver and compensate you, your family member, or passengers for the injuries sustained as a result of the crash.  Your insurance company is responsible to pay for all damages, up to the limit of your policy, including medical bills, loss of income, pain, and suffering, permanent impairment, scarring, and disfigurement.

UM/UIM coverage can also provide additional benefits in a situation where the at-fault driver’s bodily injury limits are insufficient to fully compensate you for the injuries and damages sustained as a result of the crash.  In Colorado, drivers are only required to carry liability coverage of $25,000 per person/$50,000 per incident.  In crashes resulting in serious injuries, this is insufficient to fully compensate an injured party.

If you find yourself in a situation where the at-fault driver’s bodily injury limits are insufficient to fully compensate you for your injuries, your insurance company will be called upon to compensate you for any damages that exceed the policy limits of the at-fault driver.

An added benefit of UM/UIM coverage is that it follows you and your household members.  This means that if you are involved in an accident involving any motor vehicle, such as a car vs. bicycle collision or car vs. pedestrian collision, your UM/UIM coverage could be used to compensate you for damages.  It can also be used if you sustain injuries as a passenger in someone else’s vehicle.

Colorado Requirements for UM/UIM Coverage

Colorado law requires insurers to offer UM/UIM coverage limits equal to the bodily injury limits each insured chooses for their policy.  The coverage can be rejected or decreased to an amount lower than the bodily injury limits, but this typically must be done in writing.  Since this coverage is intended to provide you and your family with added protection, we never recommend rejecting UM/UIM coverage.  Instead, drivers should carefully consider their limits for this coverage and carry the highest possible limit available for your policy and your budget.

Factors to Keep in Mind When Choosing Your UM/UIM Coverage

Despite the fact that auto insurance is required in Colorado, there are many drivers on our roads who choose to ignore the law and drive while uninsured.  According to research performed by the Insurance Research Council, one out of every six motorists in the state of Colorado was driving without insurance coverage in 2012, one of the highest rates in the nation.  Given the high rate of uninsured drivers on Colorado roads, it’s important to make sure you and your family are protected with sufficient UM/UIM coverage on your own policy.

If you’re not sure if you are protected, take a close look at your insurance policy today or call your agent to discuss your coverages and ways you can better protect yourself and your family in the future.  Don’t wait until you’ve been seriously injured to discover that your own insurance isn’t sufficient to make you whole.

Visit the Donaldson Law, LLC’s site to find out what to do in the unfortunate event that you are involved in a motor vehicle collision with an uninsured or underinsured driver. We are here to help you navigate these unfortunate circumstances, and work towards a solution. Fill out our online form, or call Donaldson Law, LLC at 303-458-5000 for more information.