Partner at AKD Lawyers
Practice Areas: Personal Injury
An older driver can be held responsible for a car accident in Louisiana if careless driving caused the crash. Age alone does not decide who is at fault. Investigators look at how the driver acted, whether they broke traffic laws, and what the evidence shows.
If you were hurt in a crash involving an older driver, a New Orleans car accident attorney can review your case and explain your options for getting compensation.
This guide explains how Louisiana decides who is at fault, when family members may be held responsible, what happens after a fatal crash, and how to report an older driver who may no longer be safe on the road.
What Determines Fault in an Elderly Driver Accident?
Older drivers follow the same traffic laws as everyone else. They may be responsible for a crash if they:
- Run a red light or stop sign
- Fail to yield the right of way
- Change lanes without checking for traffic
- Drive while impaired by medication or a medical condition
- Fail to react to road hazards despite having time to avoid them
Changes in vision, reaction time, or judgment can affect driving. However, a medical condition only becomes relevant to liability when evidence connects it to the crash.
Under Louisiana Civil Code Article 2315, a person may be held responsible for harm caused by their actions. An older driver’s age alone does not make them at fault for a crash.
How Does Comparative Fault Affect the Claim?
Louisiana follows modified comparative fault under Civil Code Article 2323. Under the rules effective January 1, 2026, an injured person’s compensation is reduced by their percentage of negligence. If someone is found 51% or more responsible, they generally cannot recover damages.
For example, if your damages total $50,000 and you are 20% responsible, your recoverable damages would be reduced to $40,000.
Learn more about multiple parties being liable for a car accident.
Can Family Members Be Held Responsible?
Family members are not automatically responsible if an elderly parent causes a car accident. However, they may be held responsible if they let the parent drive their car knowing the parent was unsafe to drive.
For example, they may know the parent has serious vision problems, has had several accidents, or has been told by a doctor to stop driving.
In Joseph v. Dickerson (2000), the Louisiana Supreme Court explained that car owners may be held responsible for lending their vehicle to an unsafe driver. Simply lending a car to another adult is not enough to prove negligence.
Does Age Affect Liability When an Elderly Driver Causes a Fatal Accident?
An elderly driver can be held responsible if careless driving causes a fatal accident. Their age alone does not decide who is at fault. Under Louisiana Civil Code Article 2315.2, eligible family members may seek compensation for their losses. This may include funeral costs, lost financial support, and loss of companionship.
The family may also seek damages for the pain and suffering the person experienced before death. Police reports, medical records, witness statements, and crash evidence can help show what caused the accident.
Criminal charges are separate from a civil claim. They depend on the driver’s actions and the law, not their age.
Louisiana’s Rules for Older Drivers
Louisiana does not take away a person’s driver’s license just because they are old. The Office of Motor Vehicles (OMV) has rules to check if drivers can still drive safely.
- Renewing a license: Most drivers renew their licenses every six years.
- Drivers aged 70 and older: They usually must renew their licenses in person.
- Eye test: Drivers who renew in person must take an eye test.
- Health checks: The OMV may request medical records or additional tests if it has concerns about a driver’s health or safety.
Under Louisiana R.S. 32:412, drivers aged 70 and older usually cannot renew their licenses online or by mail.
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How to Get an Elderly Person’s Driver’s License Reviewed in Louisiana
If an older family member can no longer drive safely, you can report your concerns to the Louisiana Office of Motor Vehicles (OMV).
Here’s what to do:
- Write down what happened. Note unsafe driving, confusion, or near crashes.
- Get the form. Visit the Louisiana OMV Medical and Vision Requirements page.
- Fill out the Driver Behavior Report (DPSMV 3005). Explain what you have seen and why you are concerned.
- Send the report. Follow the OMV’s instructions for submitting the form.
- Wait for the OMV to review it. The OMV may ask for medical records or more tests before deciding what to do.
You cannot take away another person’s license yourself. Only the OMV can make that decision.
Insurance and Damages After a Crash
Older people have the same right to seek money for their injuries as anyone else after a car accident. The insurance company may check whether the crash caused the injuries or if the person had them before the accident.
Age may also affect how some losses are worked out:
- Future medical costs: Money needed for treatment and care.
- Lost income: Money lost if the person was working and could no longer earn as much.
- Pain and suffering: Physical pain and changes to daily life.
- Future losses: Care and other costs the person may face because of the injuries.
Medical records and witness accounts can help show how the crash affected the person. Read more about why car accident claims get denied.
Helping an Older Driver Stay Safe
Talking to an older family member about stopping driving can be hard, especially if they depend on their car to get around.
Regular eye exams and doctor visits can help catch problems early. If you notice unsafe driving, talk to them and consider having a professional assess their driving.
If driving is no longer safe, family members can help with rides. Ride services and local transport can also help them get where they need to go.
Frequently Asked Questions
Can an elderly driver be at fault because of their age?
No. Fault depends on how the driver acted and what caused the accident, not their age.
Can a lawyer help with a fatal crash involving an elderly driver?
Yes. A lawyer can investigate the crash, determine who may be responsible, and help the family seek compensation.
Can I report an elderly driver without their permission?
Yes. You can send a report to Louisiana’s OMV if you have seen signs that the person may not be safe to drive.
Does dementia automatically stop someone from driving in Louisiana?
No. The OMV reviews whether the condition affects the person’s ability to drive safely.
Can an elderly driver get money for emotional distress after a crash?
Yes. An injured older person may seek compensation for emotional distress if evidence supports the claim.
Discuss Your Case With a New Orleans Car Accident Lawyer
Accidents involving older drivers can raise questions about negligence, medical conditions, insurance coverage, and family responsibility.
If you or a loved one was injured in a collision, Alvendia, Kelly & Demarest Law Firm can review the evidence and explain your legal options.
Call (504) 618-1632 or request a free consultation.
Reviewed by Roderick “Rico” Alvendia, Partner at Alvendia, Kelly & Demarest Law Firm.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
