Thursday, April 3, 2014

Hot Topic: "How to Get Older Drivers Off the Road"

Digging out December 2010"How to get older drivers off the road." 

That's a frequent paper topic proposal for students in my Elder Law course, and one that usually triggers a conversation about the potential for "ageism." I remind students it will be important to provide evidence in support of their proposals, and not simply recount anecdotes about bad older drivers.  

But, in truth, there is plenty of data to identify risks associated with older driving, as suggested by Elder Law Attorney Robert Fleming on his great Blog, citing statistics from the Center for Disease Control about risks for "fatal" accidents over age 75.  See "Driving, Aging and Dealing with Family Dynamics."

ElderLawGuy Jeff Marshall takes a very personal look at his own driving future on his Blog, and uses that moment of self reflection to also examine strategies for encouraging older drivers to give up the keys.   Read "What to Do When Dad Shouldn't Be Driving."   

This is another area of "social policy" where the laws are not uniform on how to intervene when the older driver refuses to stop driving or to make other appropriate adjustments in when and where to drive.  Here is a link from the insurance industry's Claims Journal to a recent "State by State Look at Driving Rules for Older Drivers." 

And, for a somewhat more theoretical approach to the topic, from University of Miami Law Professor Bruce Winick, the always thoughtful guru of the therapeutic jurisprudence movement, see "Aging, Driving and Public Health: A Therapeutic Jurisprudence Approach."  Professor Winick proposes creation of community-based "safe driving centers," as a means of encouraging impaired drivers "voluntarily to cease or restrict their driving by offering inducements and alternative transportation solutions."

And of course, we have Professor Becky Morgan's preferred solution, the Jetsons' car that drives (and parks) itself.  Read "New Study on Autonomous Cars."  

http://lawprofessors.typepad.com/elder_law/2014/04/hot-topic-how-to-get-older-drivers-off-the-road.html

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