Should the Elderly Drive?

[arbus]

Elderly Driver Guilty in California Market Crash
Judge Can Give Him a Maximum of 18 Years in Prison
By ROBERT JABLON, AP

LOS ANGELES (Oct. 21) - An elderly man whose car hurtled through a farmers market, killing 10 people and injuring more than 70, was convicted Friday of vehicular manslaughter with gross negligence - the harshest verdict possible.

George Russell Weller, 89 and in poor health, could spend the rest of his life in prison for the 2003 crash, which set off a national debate over whether elderly people should be barred from driving or required to pass additional tests when renewing their licenses.

He faces a maximum of 18 years in prison, but the judge also could sentence him to probation. Prosecutors declined to say what penalty they would request.

Weller was not in court to hear the verdict, reached by a jury after eight days of deliberation.

His attorneys argued that he mistakenly stepped on the gas pedal instead of the brake and panicked when the vehicle raced into the open-air market. But prosecutors said he was careless to the point of criminal negligence and lacked remorse.

"He looked at what he had done, essentially shrugged his shoulders and said, 'Oops,"' prosecutor Ann Ambrose told the jury.

Weller was 86 when his 1992 Buick Le Sabre traveled about 300 yards, reaching 60 mph or more as it crashed into food stalls. It finally came to a stop after hitting a ditch, with one victim's body tangled underneath and another's draped across the hood. The victims ranged in age from 7 months to 78 years.

Weller did not testify, but jurors heard a taped interview with police immediately after the crash in which he said he tried everything he could think of to stop the car.

"I tried to take the control knob and jam it into park. Everything. Anything that I thought would stop the action of the car," he said.

Prosecutors also called one witness who claimed Weller said: "You saw me coming; why didn't you get out of my way?"

Juror Yolanda Hernandez, 54, of Montebello, said after the verdict that the jury was influenced by that testimony and by Weller's statement to police, which the panel did not believe showed remorse.

She also indicated jurors didn't buy the argument that Weller couldn't figure out how to stop his car.

"He had 240 feet before he came to the barricade for the farmer's market. That's a long way, and he went 1,000 feet before he stopped," she said. "He still had plenty of time to react."

Hernandez said jurors agreed from the first day of deliberations that Weller was guilty of vehicular manslaughter but had trouble deciding whether he had committed gross negligence, a felony, or misdemeanor simple negligence.

http://articles.news.aol.com/news/_a/elderly-driver-guilty-in-california/20061020145609990004?ncid=NWS00010000000001

[patrickt]

People who can't, for whatever reason, safely drive a car shouldn't be allowed to drive. I think older drivers should have to take an actual driving test occasionally.

One of the major problems with older drivers isn't just manipulating the controls but responding to emergencies. There's a tendency to just lock up and continue on. An old woman was driving, years ago, and a carburator malfunction made the car go full throttle. She sat holding the wheel while the car careened down the street, jumped a curb, and went into a house. No one was killed. I asked her why she didn't turn off the ignition or put the car in neutral. She just said, "I couldn't think what to do."

I had to tell my parents they could no longer drive. It wasn't easy and it wasn't fun but I have no patience with people who won't tell their parents when it's time to stop driving.

I have also told friends I won't ride with them driving because they're no longer safe. They don't like to hear it but none of them have quit talking to me. I took a trip with one on the condition I drive. Half-way through the trip he said, "You're right. You drive better." He paused and said, "But, I drive good enough." "No, you don't," I said. He just nodded.

States should require a driving test to renew a license after a certain age. Some states require doctors to notify the state when a driver has health problems that effect driving. I think that's a good idea, too. In some states, a serious traffic accident or ticket automatically triggers a retest in older drivers.

Of course, as the baby-boomers age the chances of doing anything reduces.

[burntgorilla]

I think you should do the test again, perhaps every ten years. My dad is an awful driver. He has good mechanical control of the car, but he barely obeys the rules of the road. Learner drivers get a lot of stick, but really it is everyone that doesn't follow the rules. How many accidents would be avoided if people actually indicated correctly?

I remember on the day that I passed my test (last friday!) I went out for a jaunt, and came up against the dreaded blue rinse at a roundabout. She was in the lane to go straight on, and I was in the left lane. As we both pulled off on to the roundabout, I saw her coming close to me. I thought she was just taking the inside edge of the lane, but she went right across to the left into my lane. I had to stop while she went on, completely oblivious. There were two bloody big white lines on the road, so I don't know how she didn't know what to do. That and the fact that she never even bloody looked.

[JoeR]

I agree with the above. In short, people who can't drive, shouldn't be able to drive.

[LibertaRiaN]

As a nurse who works with the geriatric population, I think vision tests should be performed every 4 years after age 65, and driving tests at least that often after age 70. Many elderly people no longer have the eyesight, the reflexes, or the coordination to operate a couple thousand pounds of hurtling metal and fiberglass under today's traffic conditions, and to continue allowing them to do so because the AARP gets up in arms every time the issue is brought up is foolhardy. (And BTW, I AM a member of AARP as well as an advocate for the elderly.)

Of course, this is just my own opinion, and a general guideline..........there are many excellent drivers who continue well into their 80s and 90s without incident, and of course we've all seen enough young kids showing off and middle-aged housewives with cell phones glued to their ears to know that dangerous driving is no respecter of age or station in life! However, the fact is that the physical aging process causes deterioration in our cognitive abilities, slows our reflexes, and renders us less able to respond swiftly to sudden shifts in traffic patterns; therefore, we need to be more vigilant about getting unsafe drivers off the road BEFORE tragedies like the above happen.

I'm not unsympathetic to elderly drivers; in fact, one of the hardest things I've ever had to do was to report one of my assisted-living residents to the DMV because his diabetes had become so severe that he was apt to become unconscious from low blood sugar at any time. Talk about a disaster waiting to happen! Still, I didn't blame him for being upset when his driver's license was pulled; public transportation in most small cities and towns is a joke, and family and friends aren't always available to take the person to doctor appointments or even just to the store.

And I'm sure I'll feel the same way if someone ever has to make me stop driving. In fact, I once told my kids, "you will get my keys when you pry them from my cold, dead fingers". But I will gladly submit to eye exams and driving tests if that is what's required to prevent dangerous older drivers from getting behind the wheel.