Is mild cognitive impairment a legal liability in terms of driving?

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My mom has MCI (mild cognitive impairment) but seems ok driving.

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#1 Monitor your mom carefully.
#2 Good that she can still drive.
#3 Know when it's time for the car keys to be handed to you.
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Thank you all for your thoughtful responses. You've given me a lot to ponder and to follow up on.
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Thank you all. I appreciate your thoughtful responses. You've given me lots to think about and to follow up with.
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I am also in Florida. Please take the answer from Heidindsrespit1 (above) to heart. Other states also have laws regarding impaired drivers in accidents, including the families of the dementia patient being sued, because they didn't prevent their family member from driving. It's certainly not worth losing your (and your loved ones) life savings to spare their feelings... yes, it's difficult taking away the keys and car (we just went through this). My mother had days where she seemed quite sharp and able to remember things; and other days when she didn't know the day, the month, or why we were going to the (Alzheimer's) doctor... yes, it probably hastens the decline, but it is worth it to put innocent people at risk?
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Watch what the DX is because once it is medically determined of the impairment, if an accident happens it is automatically the impaired person’s fault according to Florida. (Because they shouldn’t be driving) So ensure to ask your doctor about this fact, so you don’t run into any monetary problems as a result of an accident. According to my mother’s doctor
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Moms neurologist told me to ride with her every so often. I would be the judge how she did. Eventually though, Mom was found to have Graves desease at 85. He then sat in front of her and looked directly in her eyes and told her he recommended her not to drive. She also suffered from neuropathy in her ankles. He felt she would have a hard time stopping the car. I had her sell her car. Out of site out of mind. I do have to say that taking away this independance helped with her decline. But, do u want them killing themelves. There r alternatives. Most communities have Senior bussing.
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In order to determine if there is legal liability if someone with cognitive impairment continues to drive, I'd review their auto insurance policy, as stated above and even seek a consult with an attorney in your jurisdiction. There may be previous cases where the courts have ruled on this issue. With so much at risk, I'd pursue all efforts to confirm what the risks are, since, if there is an accident, she is at fault and people are hurt or killed, the damages will be great.  I would confirm that her auto coverage will cover her and that even if they do, could Plaintiffs go after her other personal assets. 
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Oops. I meant the physician that developed HABIT is "now" in Gainesville, Fl.
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I am in Florida and know the physician that developed HABIT. He was at Mayo and is not at the University of Florida in Gainesville. Tell me where your mother is located and I'll email to ask him if there is a HABIT program there.

Also, the neuropsychologist that did the testing on my husband when he was diagnosed with mild Alzheimer's said in his report that he should consider not driving. I was not happy as he was a very good driver. I believe it was liability protection for him more than whether he thought my husband was capable of driving. His neurologist told me, because I was with him most of the time he was driving, I would know when it wasn't safe for him to drive and he was right. It was at least two years later when my husband and I both agreed he should stop driving.

I was aware of the testing mentioned above and found out that a rehab facility here in Gainesville tested seniors and other impaired individuals. They interviewed them for 45 minutes and then did a driving test. They would award a 6-month certificate. But you had to have the test every six months. It was about $300. In larger cities DMV do it but once you start you have to keep updating it. I elected to monitor my husband myself but I considered it a big risk. If he had an accident, we would have been toast!
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I think if you talk to her insurance company you will find the policy will be "non renewed" when it is up for renewal.
This is a subject that is very touchy.
Personal opinion depending on how severe the MCI it may be no worse than the majority of drivers on the road or it could be as bad as the one you read about that drives into a crowd of people or drives through the front of a restaurant.
You are the one that can make the call.
How is the driving, how is the concentration. Now how is the driving at night, how is the concentration when she gets lost or there is a lot of traffic?
There are facilities that will test the driving ability of people that have had diagnoses like this or TBI, Strokes....
Call your local hospital and ask if they have such a program or if they know of one in the area.
If there are none possibly taking the AARP driving class would give an outsiders assessment as to the ability.
Keep in mind any testing that is done this week or this month results may change rapidly if there is a decline in ability so do not relax with the knowledge that she was tested in August so she is alright. By October she may not be able to pass the same test.
I live in Illinois and the DMV will do free testing for Seniors. Check with your state DMV and see if they offer free testing.
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