Along with DWI (driving while intoxicated) and DUI (driving under the influence) a new motor vehicle infraction category may be emerging: DWO (driving while old). The Insurance Institute for Highway Safety estimated that in 2013 there were 23.6 million automobile drivers in the United States who were age 70 and above. Old age can be linked with deficits that directly impact the ability to safely control a motor vehicle. Vision, particularly night vision and peripheral vision, may be impaired. Hearing may diminish. Reaction time needed for braking may be longer. Dementia can cause a driver to lose awareness of speed, other vehicles, and traffic signals.
The case most frequently cited in regard to the older driver is that of George Weller. In July of 2003, Mr. Weller, then 89 years of age, drove his car into a crowd at a farmer’s market in Santa Monica, Calif. He killed 10 people and injured 63. His behavior at the time of the accident raised questions about his explanation that he had simply confused the brake pedal and the accelerator. After the incident witnesses reported that he was calm and unconcerned. He asked why the victims did not get out of the way. Convicted of manslaughter, he was sentenced to five years’ probation.
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