Should an Elderly Person Continue Driving?

Driving means independence—especially in Chicago, where getting around can be a challenge without a car. But as drivers age, new risks can affect everyone’s safety on the road. Recent data shows elderly drivers are involved in a growing share of serious car accidents in Illinois, often with devastating personal injury consequences for everyone involved.

This comprehensive guide examines the risks of elderly drivers in Chicago, typical accident scenarios, the personal injuries that can result, and how families and victims can protect themselves—plus, what makes Willens & Baez Personal Injury Lawyers, P.C. Chicago’s top choice for support after an accident.

Key Statistics: Elderly Drivers and Accidents in Chicago

• 272,492 motor vehicle crashes occurred in Illinois in 2022; elderly drivers (65+) were involved in 9% of all crashes and 13% of fatal crashes.

• In a recent year, 62,000 people aged 60-70 and 17,000 aged 75+ were involved in Illinois accidents with injuries or fatalities.

• Drivers 75 and older are disproportionately involved in intersection crashes, especially during left turns.

• Nationally, 25 older adults are killed and 740 injured every day in vehicle crashes.

• The aging population is on the rise; adults 65+ will make up nearly 20% of the population by 2030.

Why Elderly Drivers Face Heightened Risks

Loss of Independence

People in the age group of 65 or older represent a large percentage of the population in the U.S. According to the latest statistics, more than eight out of ten Americans in the age group of 65 or older are continuing to drive. Of the remaining 20 percent, some people have decided to give up driving while others have lost their driver’s license due to a traffic violation. Elderly people aged 65 or older who have stopped driving are at risk for:

• higher risk of depression
• less productive
• lack the urge to socialize or take part in social activities
• loss of friends
• are more likely to be moved to a care home

Despite years of experience, aging drivers in Chicago also face unique risk factors:

• Cognitive decline: Slower reaction times, attention difficulties, and memory lapses can lead to delayed braking, missed signals, or confusion over road rules.

• Reduced vision and hearing: Diminished ability to spot hazards, read signs, or respond to sirens.

• Medication side effects: Drowsiness, dizziness, or confusion from prescriptions.

• Physical limitations: Reduced neck flexibility for checking blind spots, slower foot movement from pedal to brake, and weaker grip.

Common Personal Injuries in Accidents With Elderly Drivers

Accidents involving elderly drivers can cause serious, sometimes life-changing injuries for them, their passengers, or other motorists:

Accident Scenarios Unique to Elderly Drivers

Some accident patterns are more closely associated with senior drivers in Chicago:

• Making left-turns at busy intersections—often misjudging gaps or speed of oncoming cars.

• Failing to yield right of way—confusion or forgetfulness at stop signs or traffic lights.

• Sudden acceleration or braking—mistakenly pressing the gas instead of the brake.

• Inattention to pedestrians or cyclists—difficulty seeing smaller road users, especially at night or in poor weather.

• Rear-end collisions—due to slowed reaction times or not noticing halted traffic.

Chicago Example: At a North Side crosswalk, an 80-year-old driver didn’t see a pedestrian at dusk due to impaired night vision and tinted windows, resulting in a broken leg and emotional trauma for the injured party.

Determining Liability in Accidents With Elderly Drivers

Illinois law applies the same standards to drivers of every age: Was the driver negligent, and did that negligence cause harm? Key questions include:

• Did the elderly driver violate a traffic law—fail to yield, run a red, or drive distracted?

• Were there medical issues, like diminished eyesight or confusion, that contributed?

• Did medications impair driving ability?

• Was the vehicle maintained properly (e.g., working headlights, brakes)?

In practice, proving negligence may require:

• Police reports documenting the accident, citations, or officer observations.

• Medical records showing age-related impairments.

• Witness statements about erratic or confused driving.

• Expert testimony from doctors about the driver’s capacity.

Damages and Compensation: What Makes Elderly-Driver Cases Unique

Victims of these accidents in Chicago can seek compensation for:

• Medical bills (ER, surgery, physical therapy)

• Lost earnings or reduced earning capacity

• Pain and suffering

• Property damage

• Emotional distress

Juries may also consider the elderly driver’s health, whether the family had recommended they stop driving, and any recent license renewal examinations. Comparative negligence law applies—if another party shares part of the fault (for example, by speeding), compensation may be reduced accordingly.

What to Do After an Accident Involving an Elderly Driver

1. Call 911 for medical care—serious injuries might not be obvious.

2. Collect evidence: Photos, dashcam video, witness contact info.

3. Document medical symptoms immediately—even those that seem minor.

4. Seek legal help: Experienced Chicago personal injury attorneys can analyze the crash, assess fault, and maximize compensation.

Legal Considerations For the Elderly and Their Families

For the elderly driver: If you notice changes in vision, confusion, or delayed reaction times, it may be time for a driving assessment. Illinois requires:

• License renewal every four years for those 75-80; every two years (81-86); annually for 87+

• Vision testing for renewals

• Physician’s report for some health conditions

For families: It’s best to have honest, compassionate conversations before tragedy strikes—especially after near-misses, confusion in traffic, or “warning” tickets from police.

FAQ: Elderly Drivers and Personal Injury Accidents in Chicago

Q: Can elderly drivers in Illinois lose their license after an accident?
A: Yes. A serious at-fault accident, medical findings, or investigation by the Secretary of State can lead to license suspension or revocation.

Q: What if the elderly driver had undiagnosed dementia or vision problems?
A: Illinois law may still hold them (and their insurance) responsible for any damages if their impairment caused or contributed to the crash.

Q: Am I entitled to compensation if a senior driver hit me?
A: Yes. You can claim for your injuries, lost wages, and related losses like any other auto accident. If a loved one died, you may have a wrongful death claim.

Q: How long do I have to file a claim?
A: The statute of limitations is generally two years from the date of the crash in Illinois for personal injury lawsuits.

Q: Do insurance companies fight cases harder if the at-fault driver is elderly?
A: Insurers may make different arguments, sometimes suggesting the event was “a mistake, not negligence.” This is why strong legal representation with experience in sensitive elderly-driver topics is crucial.

Why Willens & Baez Personal Injury Lawyers, P.C. Is the Best Choice

• 25+ years of award-winning success with multi-million dollar results for injury victims in Chicago and Illinois.

• Voted “Best of the Best” in personal injury law, and recipient of the AV Preeminent 5.0/5.0 Martindale-Hubbell rating—the highest peer honor in legal practice.

• Founders Matthew Willens and David Baez are Illinois Super Lawyers (2025), a designation for the top 5% of attorneys in the state.

• Inside knowledge: Both partners started as insurance defense attorneys, giving them unique insight into how insurance companies assess elderly-driver cases.

• Notable verdicts include one recognized by The National Law Journal as one of the Top 100 Verdicts nationally, and a record-setting medical malpractice win.

• No fees unless they win—guaranteed.

• Immediate action: Free consultations 24/7, and home or hospital visits as needed.

Is Your Elderly Loved One Safe?

Elderly people should be given the opportunity to drive on their own, but not at the cost of their safety and that of other drivers and passengers on the roads. (Click here to learn who are at risk for a car accident). Whether a person should continue driving depends on a number of factors, including current health conditions and the driving history of the person. Friends and family members of a person can play a major role in giving the person the right advice in this regard.

If you have been injured in an auto accident, contact a Chicago car accident attorney to understand your legal rights. Call Willens & Baez Personal Injury Lawyers, P.C. at (312) 957-4166 for a free consultation.

If you or a loved one have been injured in a car accident involving an elderly driver in Chicago, don’t leave your future to chance or the tactics of an insurance company. Let the proven team at Willens & Baez Personal Injury Lawyers, P.C. fight for the full compensation you deserve.

Call (312) 957-4166 for a free, no-obligation consultation. You pay nothing unless they win your case.

Justice, compassion, and results—Willens & Baez Personal Injury Lawyers, P.C. stands ready to help you rebuild.