Senior citizen car accidents: How age affects liability

Car Accident - April 7, 2025 by Horwitz, Horwitz & Associates

The U.S. population is aging rapidly as Baby Boomers and early Gen Xers pass retirement age but remain active. Although many are still sharp mentally and physically, others may experience a decline in their strength and cognitive abilities. When these drivers get behind the wheel, they could be putting you or your loved ones at risk of injury.

Below, a Chicago car accident attorney from Horwitz, Horwitz & Associates discusses senior citizen car accidents and how age affects liability in these cases.

Facts about aging drivers in the U.S.

According to the most recent U.S. Census, the number of people aged 65 or older grew by 15.5 million in the previous 10 years, the largest in Census history. This was the largest 10-year increase in Census history. These older drivers may be reluctant to give up driving since it signals a loss of youth and independence, but it’s important they consider the risks.

The National Safety Council (NSC) reports that, of traffic fatalities involving drivers over 65, as much as 67% of them involve the older driver or a passenger in their vehicle. Those in other vehicles die 20% of the time when a senior citizen is involved. On the other hand, the Insurance Institute for Highway Safety (IIHS) notes that these motorists have the advantage of more years of driving experience and may spend less time on the road, leading to a reduced accident rate.

Whether you’re hurt in a wreck as a passenger of an older driver or when they are in the other vehicle, it’s important to understand how their age may affect their liability. To do so, we must examine factors that could come into play during an insurance claim or personal injury lawsuit.

Factors that could influence liability in senior citizen car accidents

Older drivers may be susceptible to many physical changes that reduce their ability to react to sudden changes while driving. For example, they may develop many medical conditions that affect their driving skill, such as:

• Vision: Problems such as glaucoma, cataracts, or outdated glasses and contacts prescriptions could limit their ability to see road signs, hazards, or oncoming vehicles, especially at night.
• Hearing: Untreated hearing loss or inadequate hearing aids may mean they don’t hear horns or other signals of oncoming traffic
• Strength and mobility: Loss of muscle mass and flexibility could make it harder for an older driver to maintain control on icy or uneven roads.
• Mental clarity: Dementia, Alzheimer’s, or even medications can lead to confusion about where they are or what road signs mean.
• Respiratory disorders: Drivers with COPD or obstructive sleep apnea may experience exhaustion or loss of oxygen, causing them to be drowsy behind the wheel.

Older drivers may also struggle to keep up maintenance on their vehicles, such as driving on bald tires or with transmission issues that could lead to a crash. Unfortunately, it can be complicated to identify exactly who is to blame and if you have an auto accident lawsuit. To determine who is liable in a car accident with a senior citizen, it’s wise to speak with an experienced car accident lawyer.

Illinois license and insurance requirements for older drivers

Anyone over the age of 75 in Illinois must appear in person to a testing facility to renew their license. They must also take an eye/vision test and may need to complete a written exam. The Illinois Secretary of State also requires anyone over the age of 79 to complete a driving test when they renew their license. The newly proposed Road Safety Fairness Act seeks to raise that limit to 87, potentially allowing older drivers behind the wheel without a stopgap for those with impairments.

Older drivers do not have different insurance requirements and must carry liability insurance with the following minimums:

• $25,000 of bodily injury to pay for harm or death of one person in an accident
• $50,000 of bodily injury coverage for injury or death to all persons in a crash
• $20,000 of property damage coverage per accident

An elderly driver may accidentally let their coverage lapse, so what happens if you’re hit by an uninsured driver? You may need to rely on uninsured motorist coverage if you purchased it, or consider a personal injury lawsuit.

Getting help after a car accident involving a senior citizen

If you or a loved one has been hurt in a crash with an older driver, it’s vital to get experienced legal representation to manage your case. At Horwitz, Horwitz & Associates, we offer free consultations to answer your questions and assess your claim. Contact us by calling (800) 985-1819 or using our online form to meet with a Chicago car accident attorney today.