Super Lawyers - Badge
Illinois State Bar Association - Badge
Justia 10 - Badge
Million Dollar Advocates Forum - Badge
Avvo Rating 10 / Jonathan Rosenfeld / Top Attorney - Badges
Accredited Business / BBB / A+ - Badge

Accidents Involving Elderly Drivers in Chicago

Rosenfeld Injury Lawyers LLC Team

Accidents involving elderly drivers in Chicago create unique questions about fault, safety, and the rights of those injured in a crash.

As the population of older adults continues to grow, so does the number of elderly drivers on the roads in Chicago and throughout Illinois. Many senior drivers retain the ability to drive safely, but others face unique challenges related to physical and cognitive abilities, medical conditions, and slower reaction times that may affect their driving ability.

A car accident lawyer in Chicago from our team can help you understand how Illinois law handles these situations and what legal options are available if you or a loved one has been involved in a car accident with an older driver.

Whether dealing with medical bills, property damage, or long-term injuries, understanding your rights is the first step in pursuing fair compensation.

Chicago car accident lawyer helping victims of accidents involving elderly drivers.

The Growing Number of Elderly Drivers on Chicago Roadways

Across the U.S., particularly in Illinois, the number of older adults retaining driver’s licenses steadily rises. According to the Federal Highway Administration, there are now over 52 million licensed drivers age 65 and older nationwide. This trend reflects the national average in Illinois, with elderly individuals accounting for a growing percentage of licensed drivers.

With increased life expectancy and better healthcare, many elderly people wish to maintain independence by continuing to drive. However, this also means an increased risk of accidents involving older drivers, especially in urban areas like Chicago, where heavy traffic and conditions change rapidly.

Are Older Drivers More Likely to Cause Car Accidents? Statistics vs. Reality

The relationship between age and car accidents is complex. Data from the Insurance Institute for Highway Safety (IIHS) suggests that middle-aged drivers are statistically more involved in auto accidents than older drivers. In fact, younger drivers—especially teens and those in their 20s—have some of the highest crash rates per mile driven.

However, elderly drivers face their challenges. While they may be involved in fewer crashes overall, the car accidents they are involved in often result in more serious injuries or fatal collisions due to increased physical vulnerability.

Additionally, accidents with elderly drivers involved, such as left-turn crashes and failure-to-yield incidents, occur more frequently in this group.

Attorney reviewing driving ability concerns in accidents involving elderly drivers.

Common Age-Related Factors Contributing to Accidents Involving Elderly Drivers

Several age-related factors can reduce an elderly driver’s ability to operate a vehicle safely.

Declining cognitive abilities, such as memory loss or reduced attention span, make it harder to stay focused and respond quickly. Vision impairments caused by cataracts or glaucoma limit visibility, while hearing loss may cause a driver to miss sirens or horns. Physical conditions like arthritis or reduced flexibility can make steering, braking, or head-turning more difficult.

These challenges may develop gradually, but when left unchecked, they significantly increase the risk of car crashes involving elderly drivers, especially in high-traffic areas like Chicago.

The Impact of Cognitive Decline on Driving Ability

One of the more serious concerns with older adults behind the wheel is cognitive decline. Conditions like Alzheimer’s disease, dementia, or mild cognitive impairment can reduce a person’s ability to respond quickly to sudden changes, follow traffic signals, or make safe decisions under pressure.

Even without a formal diagnosis, many elderly individuals may experience slower reaction times, trouble multitasking, memory lapses, and difficulty processing complex driving environments. A driver who forgets a route or becomes confused at a stop sign can easily cause a crash, putting themselves and other drivers at risk.

Vision, Hearing, and Medical Conditions Affecting Older Drivers

Age-related vision impairments are another common reason for car crashes involving elderly drivers in Chicago. Conditions like age-related macular degeneration, cataracts, glaucoma, and decreased peripheral vision can make it hard for older people to notice pedestrians, cyclists, or vehicles in their blind spots.

Hearing loss may prevent an elderly driver from noticing emergency sirens, car horns, or other warnings. Combined with chronic medical conditions such as arthritis (which may limit physical movement), diabetes (which can affect the eyes), or heart disease (which may cause dizziness or fatigue), these health issues can compromise driving ability.

Medication Side Effects and Impaired Driving Risks

Most elderly individuals take one or more prescription medications, some of which can cause dizziness, confusion, blurred vision, or fatigue, effects similar to impaired driving. When medications interact, side effects may worsen.

A senior driver may be unaware that their prescription medications impair their driving ability, especially if they’ve been on the drug for a long time. If a crash occurs and medication is suspected as a contributing factor, this may be relevant to proving negligence.

Understanding how medications impact older drivers is essential in evaluating car crashes involving elderly drivers and determining whether legal action is appropriate.

Common Types of Car Accidents Involving Older Motorists

Certain accident types are more common among senior drivers.

These include left-turn collisions at intersections, failure-to-yield incidents, improper lane changes, and rear-end collisions caused by delayed braking. Pedal confusion, where the accelerator is mistaken for the brake, is also more frequent in elderly drivers.

These auto accidents often occur due to slowed reflexes, poor depth perception, or disorientation. In crowded areas like Chicago, even a small mistake can result in a multi-vehicle crash with serious injuries. Identifying how and why the accident happened is critical to building a strong personal injury claim.

Law firm handling complex Chicago claims involving elderly drivers and impaired driving ability.

Illinois Laws and Licensing Requirements for Elderly Drivers

Illinois enforces stricter license renewal rules for elderly drivers. From age 75 onward, Illinois drivers must renew their licenses in person and pass a vision test at every renewal. Those aged 81 to 86 must renew every two years, and after age 87, renewal is required annually, often with a driving test.

The Illinois Secretary of State also accepts reports from doctors, police, or family members regarding unsafe elderly drivers. These reports may prompt further evaluation. Although these requirements aim to protect public safety, they do not always detect impairments that lead to car crashes involving elderly drivers.

Determining Fault in a Chicago Car Crash with an Elderly Driver

In Illinois, fault in a car accident is based on negligence, not age. That means a car accident caused by an elderly person is treated the same under the law as any other accident, but age-related conditions may contribute to a finding of negligence.

If an elderly driver fails to yield, runs a red light, or causes a crash due to vision loss or confusion, that can be used as evidence of negligence. The key is proving that the elderly driver’s ability was impaired in a way that made them unsafe on the road.

Proving Negligence: Evidence Needed in These Auto Accidents

To win a personal injury claim involving an elderly driver, strong evidence is essential. This may include the police report, witness statements, traffic or dash cam footage, photos of the accident scene, and vehicle damage analysis. In some cases, the elderly driver’s medical or driving history may become relevant if it helps show they were unfit to drive.

Accident reconstruction experts can help explain how the crash occurred. A skilled car accident lawyer can collect and present this evidence effectively. The goal is to show that the other driver’s age-related limitations directly contributed to the accident.

What Steps to Take After an Accident Involving an Elderly Driver

If you’re injured in an accident with an elderly driver in Chicago, follow these steps:

  • Check for injuries and call 911 immediately.
  • Exchange insurance and contact information politely.
  • Take photos of the accident scene, including vehicle positions, damage, and road conditions.
  • Get names and contact info from witnesses.
  • Seek prompt medical attention, even if injuries seem minor.
  • Notify your own insurance company.
  • Contact a Chicago car accident lawyer to review your legal options.

Documenting everything immediately helps support your personal injury claims and prepares you for any disputes with the driver’s insurance company.

Can You Recover Full Compensation for Your Injuries?

Victims of Illinois car accidents involving elderly drivers have the legal right to seek full compensation for their losses. This can include medical bills, future medical expenses, lost wages, loss of earning potential, pain and suffering, and property damage to your vehicle. If you’ve suffered permanent disability or disfigurement, your compensation should reflect those long-term effects.

A personal injury attorney in Chicago will assess the value of your claim, collect documentation, and work to recover the maximum amount available. Whether through a settlement or a car accident lawsuit, you have the right to be made whole after an injury caused by another driver’s negligence.

How Insurance Companies Handle Claims Involving Older Drivers

The driver’s insurance company may approach claims involving elderly drivers cautiously, but will still aim to minimize payouts. They may argue that the elderly person’s age or condition wasn’t a factor or attempt to shift partial fault to you. Some adjusters may try to settle quickly before the full extent of your injuries is clear.

Even your own insurance company may underpay if you’re relying on uninsured or underinsured motorist coverage. Having a Chicago car accident lawyer ensures your rights are protected, and the insurance company doesn’t take advantage of you during a difficult time.

When is Filing a Car Accident Lawsuit Necessary?

Filing a car accident lawsuit may be necessary if the insurance company refuses to accept fault, denies your claim, or offers an unfair settlement.

A lawsuit allows your attorney to compel evidence, depose witnesses, and bring your case before a judge or jury. In accidents involving elderly drivers, especially those involving medical or cognitive impairments, it may take legal action to uncover the truth.

Lawsuits also convey that you’re serious about holding the negligent driver accountable. If informal negotiations fail, litigation is often the most effective way to secure full and fair compensation.

Lawyer providing legal help for victims injured in accidents involving elderly drivers.

Reporting an Unsafe Elderly Driver in Illinois

If you’re concerned that an elderly family member or neighbor can no longer drive safely, Illinois allows you to file a report with the Secretary of State. Physicians, police officers, and civilians can submit these reports, which may lead to a required medical evaluation or road test. This step isn’t about punishing the elderly but preventing car accidents and protecting others.

If you’ve been hurt by a senior driver you believe should not have been driving, that report could also support your personal injury claim by showing prior concerns about the driver’s ability to operate a vehicle safely.

Why You Need an Experienced Chicago Car Accident Lawyer

Illinois car accidents involving elderly drivers often require special care and legal strategy. You may be dealing with sensitive issues like cognitive decline, medical conditions, or prescription drug interactions. An experienced Chicago car accident lawyer will know how to investigate these factors and build a strong compensation case.

We gather the necessary documentation, communicate with insurance companies, and handle all legal deadlines. Our team at Rosenfeld Injury Lawyers understands both the medical and legal sides of these cases. We’ll fight to ensure your injuries, losses, and long-term needs are fully recognized, whether through a settlement or lawsuit.

How Our Law Firm Protects Your Legal Rights

At Rosenfeld Injury Lawyers, we’ve represented countless clients injured in Illinois car accidents, including accidents involving elderly drivers in Chicago. We understand these cases’ legal and emotional aspects and know how to build strong claims that hold negligent drivers accountable, regardless of their age.

We’ll handle every part of your case, from investigation and insurance negotiations to preparing for trial if needed. We work on a contingency fee basis, meaning you don’t pay unless we win compensation.

Book a Free Consultation

Jonathan Rosenfeld, experienced in personal injury claims

If you or a loved one has been injured in an accident involving an elderly driver, don’t wait. Contact Rosenfeld Injury Lawyers today for a free consultation. We’ll explain your rights, answer your questions, and guide you through your next steps. With no upfront costs and decades of experience, we’re here to help you pursue the compensation you deserve.

Call us at (888) 424–5757 or fill out our contact form to speak with a trusted personal injury attorney in Chicago.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.

Client Reviews

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of...

Ethan Armstrong

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of...

Giulia

“This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case...

Daniel Kaim

Get in Touch

  1. 1 Free Consultation
  2. 2 No Fees Unless We Win
  3. 3 Available 24/7

Fill out the contact form or call us at (888) 424-5757 to schedule your free consultation.

Leave Us a Message

Disclaimer