South Carolina roads are seeing an increase in older drivers as the state’s senior population grows. While many elderly drivers operate their vehicles safely, age-related changes can sometimes affect driving skills and ability.
Accidents involving older motorists present unique challenges for victims seeking compensation and for families concerned about safety. Crashes involving senior drivers in South Carolina often raise complex questions about fault, liability, and the rights of all parties involved.
If you were injured in a collision with an older driver, you need legal support that combines compassion with determined advocacy. The trial lawyers at Jebaily Law Firm have been representing individuals who have been injured in South Carolina since 1969. We are ready to help you pursue the compensation you deserve after a car accident involving an older adult driver.
Contact us now for a free consultation with an experienced car accident attorney.
Do the Numbers Show Elderly Drivers Are Involved in More Crashes?
Research from the National Safety Council highlights growing concerns about elderly drivers causing accidents. Traffic fatalities among people aged 65 and older rose 15 percent between 2020 and 2021, continuing a trend that has persisted for more than a decade. Since 2010, deaths in this age group increased by 34 percent, while the population of older adults grew by only 29 percent, resulting in a 2.5 percent rise in the death rate per 100,000 people.
The Centers for Disease Control and Prevention report that drivers aged 70 and older have higher crash death rates than middle-aged drivers. Each day, around 500 Americans over 65 are injured in accidents, and nearly two dozen die in fatal crashes.
The statistics on car accidents caused by elderly drivers show that as baby boomers reach retirement age, the number of older motorists will continue to rise, making elderly driver collisions a long-term public safety concern in South Carolina.
How Age Affects Driving Ability
Age brings experience, but it also introduces physical and cognitive changes that can affect driving abilities, including:
- Vision impairments, including cataracts, glaucoma, and age-related macular degeneration, reduce the ability to clearly see street signs, pavement markings, signals, pedestrians, and other vehicles. These issues are especially dangerous at night or in poor visibility, such as rain or fog.
- Hearing loss affects about 35 percent of people over 65. Impaired hearing can prevent detection of emergency vehicles, horn signals, or other auditory warnings, increasing the risk of collisions.
- Reaction time naturally slows with age, making it more challenging to respond to sudden lane changes and other abrupt moves by other drivers.
- Reduced cognitive processing can make it harder to respond to sudden traffic changes, like a child running into the street or a car braking abruptly. Some older drivers face an increased risk of confusing the foot pedals, hitting the gas when they need the brake.
- Physical mobility also declines, with conditions like arthritis limiting steering, pedal use, or blind spot checks.
- Medications, taken by nearly three-quarters of seniors for various medical conditions, may cause drowsiness, blurred vision, or slowed reflexes, raising the percentage of accidents caused by elderly drivers by up to 30 percent.
- Neurological conditions such as Parkinson’s, Alzheimer’s, and dementia can further impair judgment, memory, and safe driving.
Legal Considerations for Elderly Driver Car Accidents in South Carolina
South Carolina law holds all drivers to the same standard of care for driving safety, regardless of age. An elderly driver who causes a collision through negligence is legally responsible for the resulting damages, just as a younger driver would be. Age does not excuse careless or dangerous behavior behind the steering wheel.
Negligence by older drivers may include failing to yield, missing traffic signals or signs, driving the wrong way on one-way streets or divided highways, changing lanes without checking blind spots, or merging into high-speed traffic too slowly, for example.
South Carolina follows a modified comparative fault system. If a victim shares some fault, compensation is reduced by their percentage of responsibility. Being found more than 50 percent at fault means no recovery.
Under South Carolina Code Section 56-5-1220, all drivers involved in accidents causing injury or death must stop, exchange information, and render aid. Violations can lead to criminal charges regardless of age.
Insurance and Compensation Challenges After Elderly Driver Accidents in South Carolina
Insurance companies sometimes try to use sympathy for elderly drivers to minimize payouts. Adjusters may argue that a senior should not be fully accountable or suggest the victim accept a lower settlement out of respect. Such tactics aim to reduce the insurer’s liability, not serve justice.
Victims of accidents involving older drivers are entitled to full compensation. That includes medical expenses for emergency care, surgeries, medications, physical therapy, and future treatment. Lost wages and reduced earning capacity are also recoverable if injuries affect work.
Non-economic damages cover pain, suffering, emotional distress, and the overall impact on quality of life. Property damage can be claimed, including vehicle repairs, replacement, rental costs, and damaged personal belongings.
When the elderly driver lacks sufficient insurance, victims may use their own underinsured motorist (UIM) coverage to recover the full value of damages.
How to Prevent Accidents for Senior Drivers in South Carolina
Prevention starts with regular self-assessment. Elderly drivers should honestly evaluate their abilities and adjust their driving habits as needed.
- Taking a driver refresher course can help seniors stay current on traffic laws and maintain safe driving practices.
- Regular vision and hearing exams are crucial. Early detection and correction of sensory impairments can improve safety.
- Seniors should also review medications with their doctor to understand side effects that may affect driving.
- Limiting driving to favorable conditions reduces risk. Older drivers should avoid nighttime driving, bad weather, peak traffic, unfamiliar routes, and construction zones.
- Family members can support accident prevention. If an elderly relative struggles with driving, having a compassionate conversation about alternative transportation options is important.
- Public transit, ride-sharing, and assistance from family or friends can maintain mobility while reducing driving risks.
Types of Injuries from Elderly Driver Accidents in South Carolina
Car accidents involving elderly drivers can cause serious injuries, such as:
- Whiplash and soft tissue damage result from sudden head and neck movements, often requiring therapy.
- Head injuries, including concussions and traumatic brain injuries, can affect memory, thinking, and emotional health.
- Back and spinal injuries may cause chronic pain, numbness, or paralysis.
- Broken bones, internal injuries, lacerations, and contusions are also common.
Some injuries may not appear immediately, but can become serious if untreated.
Schedule Your Free Case Review for an Elderly Driver Accident in South Carolina
Car accidents involving elderly drivers require skilled legal representation that balances respect for all parties with a commitment to securing justice for victims. At Jebaily Law Firm, our attorneys have been fighting with determination and passion for injured people since 1969.
We listen to our clients, commit ourselves to serving them with dignity and respect, and use all our resources to pursue the best possible outcome. Our firm has recovered substantial verdicts and settlements for car accident victims, including over $1 million for a client struck by a driver who failed to yield the right of way.
If you have been injured by an elderly driver causing an accident, contact Jebaily Law Firm today to schedule your free case review.
