Elderly drivers and Missouri's Voluntary Reporting Law
It is all too often that a family dealing with aging parents or grandparents must make a tough decision to have the discussion with the elderly family member that it is time to stop driving. It is a very difficult to tell a loved one that they are no longer capable of driving. For many it means a loss of independence for the driver and additional responsibility for family. My law office is located near several medical office buildings. It is almost a daily occurrence to see an elderly driver heading the wrong way through the office park. Missouri has a law designed to serve as a way for concerned family members, doctors and other professionals to anonymously report at-risk drivers without fear of reprisal.
The law ensures licensing decisions are based on a person’s functional performance and medical fitness to drive safely – not their chronological age; although the study found that the average age of reported drivers was 80 years old. Missouri’s voluntary reporting law allows concerned family members, police officers, physicians, license office staff and others to report potentially at-risk drivers for re-evaluation and possible license revocation if they are found to be medically unfit to drive. In part, the law is in response to the efforts of the Suroff family of St. Louis, who lost their 21-year-old son, Jason, to a 92 year-old wrong-way driver with dementia. Missouri is one of 44 states to allow voluntary reporting (six states have mandatory laws). AAA has made a recommendation that Missouri's law be implemented nationwide.
Researchers found that most reported drivers voluntarily gave up their licenses or opted not to follow through with the appeal process, which involves submitting a physician’s statement within 30 days. Based on the health status of the reported driver and physician recommendations, state licensing officials can implement immediate license revocation or require on-road testing to certify ongoing fitness to drive. At the completion of the study, only 144 of 4,100 (3.5 percent) of reported drivers retained valid licenses. While crashes and other on-road incidents were important factors in these drivers (one third were involved in crashes within 0-6 months prior to being reported), subsequent crash data indicate that these individuals likely ceased to be active drivers.
Unfortunately too many times family members don't take action until a car crash has aldready occurred. Many elderly drivers are underinsured and can run the risk of having personal assets at risk in the event of a serious motor vehicle accident.
