Traffic Law

Stricter rules for drivers with dementia proposed by 2 law profs

car steering wheel

Physicians who diagnose people with cognitive decline should refer patients for standardized driving assessments and notify state departments of motor vehicles when patients refuse testing or are deemed unsafe to drive. (Image from Shutterstock)

Physicians who diagnose people with cognitive decline should refer patients for standardized driving assessments and notify state departments of motor vehicles when patients refuse testing or are deemed unsafe to drive, according to an article in the UC Irvine Law Review.

The article by two Case Western Reserve University School of Law professors was inspired by case in which a physician was sued for not intervening after his patient, a woman with dementia, swerved her car into oncoming traffic and killed her passenger, according to a Jan. 21 press release.

While the doctor was not found liable, the case exposed the lack of legal guidance on physician responsibility while emphasizing that current protocols, such as vision testing before license renewal and relying solely on family members, are insufficient, according to the press release.

In the article, authors and professors Sharona Hoffman and Cassandra Burke Robertson also propose that state legislation require police officers training to identify potential cognitive decline in elderly drivers and refer at-risk people for driving assessments.

More than 32 million drivers nationally are age 70 or older, according to the Insurance Institute for Highway Safety, and more than 7 million Americans are living with Alzheimer’s disease, according to the Alzheimer’s Association.