Safe Driving in South
Carolina
Driving and Alzheimer’s Disease
Even though Carmen had been diagnosed
with Alzheimer’s disease, she prided herself in her continuing ability
to do all her own grocery shopping. She
also drove to her beauty parlor appointment every Saturday morning. Her
husband, Jim, had noticed that Carmen sometimes seemed confused when
driving, taking an occasional wrong turn. Increasingly, she had trouble
with her depth perception, which caused her to hit the brakes too early
before a traffic light. At other times she would forget to stop at all.
One Saturday afternoon, a police officer
knocked on the door of their home, and Carmen answered. “I’m investigating a motor vehicle accident,” he
said. “Someone ran into the car parked across the street from your
driveway. Do you know anything about that?”
Carmen shook her head. “No, I didn’t see anything,” she said.
“But I’ve been gone all morning. I went to my hair appointment about
10:30.”
The police officer asked Carmen to
accompany him outside. Together, they looked at the rear bumper of her
car. The police officer pointed to a large area where the bumper had been
scraped. Red paint clung to the scraped area. Across the street, a red
Ford Taurus sat, its door panel crumpled by a deep dent.
“Has anyone else driven this car today?” the police officer
asked. “Why, no,”
Carmen said. “But I don’t remember hitting anything.”
Jim stood on the doorstep with his hands in
his pockets. He was grateful no one had been hurt in the accident. He knew
he could no longer postpone the difficult decision to keep Carmen from
driving. Even though Carmen treasured the independence her automobile
symbolized, Jim knew he had to take away Carmen’s car keys for good.
If you
have Alzheimer’s disease, you may someday be faced with a recommendation
that you restrict your driving privileges. If you have recently been
diagnosed in the disease’s early stage, you may be able to continue to
drive. However, at some point, you or your family members may begin to
notice effects the disease has on your memory, judgment and attention.
Your depth perception may fail and your reaction time may increase. You
may find yourself disoriented in once-familiar areas, misjudge the speed
of oncoming traffic or fail to notice stop signs.
You may be driving legally that is, you have
a valid driver’s license. But, you might not be driving responsibly. The
last thing you’d want to do is cause an accident, which could harm
someone else and cause legal problems and financial burdens for you and
your family. The independence that driving allows isn’t easy to give up.
Some people even feel lowered self-esteem when they can no longer drive.
We have all grown up in a culture where driving is important to us. And,
no one wants to be a burden on others for transportation. So it’s common
for Alzheimer’s patients not to admit difficulty behind the wheel.
However, people with Alzheimer’s disease
and their families and doctors have a responsibility to balance a
person’s convenience with his or her safety and the safety of passengers
and other drivers. Studies have found that, particularly in later stages,
a person with Alzheimer’s disease is twice as likely to cause or be
involved in motor vehicle accidents as a driver of the same age without
the condition.
Recently published American Psychiatric
Association guidelines for restricting driving privileges of persons with
Alzheimer’s disease say that all severely impaired Alzheimer’s
patients pose unacceptable risks on the road. So do some people with
moderate impairment. In the early stage of the disease, some people can
drive safely for a while. Others, however, cannot drive even short
distances without endangering themselves or others. Discuss this issue
openly with your family members and doctor. Trust them to tell you when to
turn over your car keys.
The
Family’s Role
Julianne had watched her widowed
father’s mental condition deteriorate in the three years since he’d
been diagnosed with Alzheimer’s disease. Despite his illness, he
remained relatively independent, doing his own laundry and preparing his
own meals. He drove to his Rotary Club meetings and church and ran
occasional errands to the hardware store to get supplies for tinkering
around the house.
Lately, though, Julianne noticed he’d been
having trouble. Several times when she stopped by, she found wet laundry
that had sat for several days in the washing machine. And the last time he
made beef stew, he had added one-fourth cup of salt rather than one-fourth
teaspoon, making it inedible.
Her father had driven the night before when
they went out for dinner at a new restaurant in town. They enjoyed roast
chicken and simple conversation. (Julianne had become accustomed to his
repetitive questions and hardly noticed.) What she did notice, however,
was his erratic driving when he took her home. He changed lanes without
looking, nearly sideswiping a van. Then he swore at another driver who
honked at him for running a red light.
Julianne resolved to keep her father from
driving, but she knew from past discussions that he would ignore a plea
from her to turn over the keys. Instead, she phoned her father’s doctor
and asked him to write “Do Not Drive” on a prescription form and hand
it to him at his next appointment.
If you are a family member of someone
with Alzheimer’s disease, keeping an impaired driver off the road is
your moral responsibility. Because of the independence an automobile
represents, many people with Alzheimer’s disease resist giving up their
driving privilege. If family members are providing care for the patient,
this issue can be divisive. If you try to takeaway your loved one’s car
keys, you may face his or her frustration and anger. Helping a frustrated,
angry person bathe, dress or perform other activities of daily life adds
tension to an already stressful situation. For these reasons, many
families turn to their loved one’s doctor or the state motor vehicle
department for help.
ACTION POINT! How do you know when the time has come to stop your loved
one’s driving? A good rule of thumb is when you no longer feel
comfortable riding with him or her or letting your child go along. Another
sign is when you notice your loved one can no longer follow recipes or
perform simple household tasks. Mental abilities required for these
activities are critical for driving.
Once you decide the time has arrived,
you may find several actions helpful. First, consult your loved one’s
doctor. An older person may find it easier to hear advice not to drive
from a health care professional he or she trusts rather than from a family
member. Understanding this role, many doctors are willing to comply with
such a request from the patient’s family. In some states, doctors can
also file a request for re-examination with the agency responsible for
licensing drivers. People authorized to file such a request depend on laws
in each state. Those who can ask the state to re-examine a driver’s
ability to operate a motor vehicle may include police officers, family
members, neighbors or others.
For example, both Kansas and Missouri laws
and practices provide for retesting of drivers whose mental or physical
impairments may prevent them from driving safely. In Missouri, the law
authorizes the director of revenue (who oversees driver’s licensing) to
require a road test, medical evaluation or both if there is cause to
believe a driver is incompetent or unqualified to keep his or her
driver’s license. Under the law, the Department of Revenue can order an
examination of driving skills after receiving a written medical report
from a physician or a letter from a law enforcement officer, family member
or licensed health care worker who presents personal observation or
physical evidence of unsafe driving. Reports must be in writing (no action
is taken on telephone calls). The report must include the name, address,
telephone number and signature of the person making the report.
Kansas law provides for additional tests to
determine whether a person with mental or physical disability can keep a
driver’s license. Another law authorizes the Division of Motor Vehicles
to revoke driving privileges of people who are incompetent to drive.
A doctor, police officer, family member,
employer, neighbor or anyone else who questions a driver’s ability can
send a letter of concern to the state director of vehicles. Such letter
must state a specific reason for the concern. It must also be signed. The
letter is kept confidential; the writer’s name can be revealed only by
court order.
When the director receives a letter of
concern, the driver is contacted and asked to have a doctor complete a
medical form. If the doctor says the driver may continue to drive, the
state requires the driver to take a road test. If the doctor says the
driver may not drive, the state revokes the driver’s license. (Revoked
drivers may appeal the decision.)
Other states have different rules and
practices. In New Mexico, for instance, drivers 75 and older must get a
new driver’s license each year. In addition, the state Motor Vehicle
Division can require an individual to complete all testing phases if it
receives information concerning the driver’s inability to operate a
motor vehicle safely. Most often, information comes from a member of the
driver’s family.
In some states, such as Illinois, the
driver’s license authority cannot act on information that comes from a
driver’s family members. Under Illinois law, the state agency must
receive official notification from one of four authorized sources: the
motorist’s physician, a law enforcement agency, a judge or a state’s
attorney. The information must be firsthand knowledge of the condition
that may impair driving ability and the reason the authorized source
believes the state should take action. Family members who wish to keep a
driver from behind the wheel must turn to one of the four authorized
sources for a professional analysis of driving skills.
ACTION
POINT! Check with your state’s drivers’ licensing agency to see what
provisions exist for revoking an impaired driver’s license.
(See
list at the end of this report.)
Protecting Insurance Coverage
Unfortunately,
even with a doctor’s order not to drive, or a license revocation, no
guarantee exists that your loved one won’t drive. He or she may simply
forget the admonition not to drive or forget that driving privileges have
been revoked. Frustration or stubbornness may also help put an impaired
driver behind the wheel.
In short, despite loss of driving
privileges, a person with Alzheimer’s disease may drive anyway. Should
that person be involved in a motor vehicle accident, serious consequences
may result. Depending on the state, these consequences may include a
challenged insurance claim or cancellation or denial of motor vehicle
insurance.
In some states, for example, state law
requires insurance companies to honor claims from a motor vehicle accident
that involves an insured vehicle driven by a driver without a license. The
insurance company would pay the claim, but may subsequently cancel the
insurance policy.
If the state revokes a driver’s license,
the insurance company may cancel the policy even if no accident has
occurred. That’s because the revocation becomes part of the driver’s
driving record. Many insurance companies routinely run periodic driving
record checks on their insured drivers. Once the insurance company learns
its insured has no driver’s license, especially if no other drivers
reside in the home, the company would likely terminate the policy. If that
happens, an impaired person who drives without insurance coverage would be
at risk. In the event of an accident, the canceled insurance policy would
not cover his or her assets from claims of accident victims for property
damage or personal injury.
Insurance cancellation would also
jeopardize the insurability of an unimpaired spouse, who, because of his
or her older age, would likely have trouble obtaining another policy
without paying rates far higher than the couple had been paying. Some
states do, however, provide a remedy for this kind of situation.
For example, sometimes an impaired driver
can submit a letter to the insurance company excluding himself or herself
from an insurance policy so the unimpaired spouse can get auto insurance.
If a loss results because the excluded driver drives anyway, the insurance
company may pay liability claims for property damage or injuries to
others. However, it might not pay the full amount of the policy’s limits
for personal injury to the driver or damage to the insured’s vehicle.
Again, the company would likely then cancel the insurance policy.
WARNING!
State
laws concerning motor vehicle insurance vary. If revocation of a
driver’s license becomes an issue, consult the insurance department of
your state government for information concerning your situation. You may
also want to consult an attorney to find out what your responsibilities
are.
If the person with Alzheimer’s disease lives alone and should no
longer be driving, the best course of action may be to sell his or her
car. If the idea of selling the impaired driver’s car meets with
objection, families can and should take other steps. For example, you
could remove the car’s tires or otherwise disable the car. One way to
disable a car is to disconnect the battery. Another is to disconnect the
coil wire that leads from the coil to the distributor, which is as easy as
unplugging an electrical cord from a wall socket.
The effect of disconnecting the coil wire
is similar to the effect of removing the flint from a cigarette lighter.
You can flick the lighter all you want, but it won’t fire up. With a
car, you can turn the key, but the spark created by the coil cannot reach
the distributor to start the car. Replacing the wire when an unimpaired
driver wants to use the car is easy, too. Ask an auto mechanic to show you
how.
Alternatively, the unimpaired spouse could
give the loved one with Alzheimer’s disease a “new” set of car keys
that look like the old ones but don’t fit the car. Parking the car out
of sight, perhaps down the street, around the corner or in a neighbor’s
garage is also a good idea.
ACTION
POINT!
If you have a loved one who
should no longer drive, for his or her own safety as well as for the
safety of others, take action to keep him or her off the road.
Articles:
If You Have a
Spouse or Loved One in a Nursing Home
“The 9 Questions You Must Ask If
You or a Loved One Is
Going Into a Nursing Home”
Helpful Hints for Caregivers in
the Home
Driver’s License Agencies
Alabama
Driver License Division
Dept. of Public Safety
500 Dexter Ave.
PO Box 1471
Montgomery, AL 36102
Alaska
Division of Motor Vehicles
Department of Administration
5700 E. Tudor Rd.
Anchorage, AK 99507-1225
Arizona
Motor Vehicles Div.
Dept. of Transportation
1801 W. Jefferson
Phoenix, AZ 85007
Arkansas
Policy and Legal Revenue Division
Department of Finance and Administration
PO Box 1272
Little Rock, AR 72203
California
Headquarters Operation
Department of Motor Vehicles
PO Box 932328
Sacramento, CA 94232-3280
Colorado
Division of Motor Vehicles Hearings
Department of Revenue
Denver, CO 80261-0016
Connecticut
Department of Motor Vehicles
60 State St.
Wethersfield, CT 06109
Delaware
Division of Motor Vehicles
Department of Public Safety
PO Box 698
Dover, DE 19903
District
of Columbia
Bureau of Motor Vehicle Services
Municipal Center
301 C St. NW
Washington, DC 20001
Florida
Motor Vehicles Divison
Hwy. Safety and Motor Vehicles
Neil Kirkman Bldg.
2900 Apalachee Pkwy.
Tallahassee, FL 32399-0500
Georgia
Motor Vehicle Division
270 Washington St., SW, Room 104
Atlanta, GA 30303
Hawaii
Driver’s License Section
PO Box 30340
Honolulu, HI 96820
Idaho
Motor Vehicle Bureau
Department of Transportation
PO Box 7129
Boise, ID 83707-1129
Illinois
Secretary of State
Medical Review
2701 S. Dirksen Pkwy.
Springfield, IL 62723
Indiana
Bureau of Motor Vehicles
IGC-North, Rm. 440
Indianapolis, IN 46204
Iowa
Motor Vehicle Division
Department of Transportation
PO Box 10382
Des Moines, IA 50306
Kansas
Division of Vehicles
Department of Revenue
Docking State Office Building, Room 162-S
915 Harrison St.
Topeka, KS 66626-0001
Kentucky
Transportation Cabinet
Department of Vehicle Regulation
State Office Building, Room 308
501 High St.
Frankfort, KY 40601
Louisiana
Office of Motor Vehicles
Public Safety and Corrections Department
PO Box 66614
Baton Rouge, LA 70896
Maine
Division of Motor Vehicles
Department of State
29 State House Station
Augusta, ME 04333
Maryland
Motor Vehicle Administration
MD Dept. of Transportation
6601 Ritchie Hwy., NE, Room 120
Glen Burnie, MD 21062
Massachusetts
Registry of Motor Vehicles/Medical Affairs
PO Box 199100
Boston, MA 02119
Michigan
Department of State
Driver Assessment Support Unit
7064 Crowner Drive
Lansing, MI 48918
Minnesota
Driver and Vehicle Services Division
Department of Public Safety
445 Minnesota St., Ste. 195
St. Paul, MN 55101-5195
Mississippi
Motor Vehicle Commission
1755 Lelia Dr., Ste. 200
PO Box 16873
Jackson, MS 39236
Missouri
Division of Motor Vehicles
and Drivers Licensing
PO Box 200
Jefferson City, MO 65105-0200
Montana
Department of Justice
Motor Vehicle Division
Attention: Medical Department
303 N. Roberts
PO Box 201430
Helena, MT 59620-1430
Nebraska
Department of Motor Vehicles
PO Box 94789
Lincoln, NE 68509-4789
Nevada
Department of Motor Vehicles
and Public Safety
555 Wright Way
Carson City, NV 89711-0900
New
Hampshire
Division of Motor Vehicles
Department of Safety
10 Hazen Dr.
Concord, NH 03305-0002
New
Jersey
Division of Motor Vehicle Services
Department of Law and Public Safety
225 E. State St.
PO Box 160
Trenton, NJ 08625-0160
New
Mexico
Motor Vehicle Division
Department of Taxation and Revenue
PO Box 1028
Santa Fe, NM 87504-1028
New
York
Department of Motor Vehicles
Swan St. Building, 5th Floor
Empire State Plaza
Albany, NY 12228
North
Carolina
Division of Motor Vehicles
Department of Transportation
1100 New Bern Ave.
Raleigh, NC 27697-0001
North
Dakota
Driver License and Traffic Safety Division
Department of Transportation
608 E. Blvd. Ave.
Bismarck, ND 58505-0700
Ohio
Bureau of Motor Vehicles
Department of Public Safety
4300 Kimberly Pkwy.
Columbus, OH 43232-0801
Oklahoma
Motor Vehicle Division
Tax Commission
4334 NW Expy, Ste. 183
Oklahoma, OK 73116
Oregon
Motor Vehicles Division
Department of Transportation
1905 Lana Ave., NE
Salem, OR 97314
Pennsylvania
Bureau of Motor Vehicles
Department of Transportation
1101 S. Front St., 4th Floor
Harrisburg, PA 17104
Rhode
Island
Division of Motor Vehicles
286 Main St.
Pawtucket, RI 02860
South
Carolina
Division of Motor Vehicles
Department of Public Safety
5410 Broad River Rd.
Columbia, SC 29210
South
Dakota
Division of Drivers Licensing
Department of Commerce and Regulation
Public Safety Building
118 W. Capitol Ave.
Pierre, SD 57501
Tennessee
Department of Safety
Driver Improvement Section
1150 Foster Ave.
Nashville, TN 37249
Texas
Motor Vehicle Division
Department of Transportation
200 E. Riverside Dr., Building 150
Austin, TX 78704
Utah
Department of Public Safety
Driver’s License Division
PO Box 30560
Salt Lake City, UT 84130-0560
Vermont
Agency of Transportation
Department of Motor Vehicles
133 State St.
Montpelier, VT 05602
Virginia
Department of Motor Vehicles
2300 W. Broad St.
Richmond, VA 23220
Washington
Vehicle Services
Department of Licensing
PO Box 48020
Olympia, WA 98507-8020
West
Virginia
Division of Motor Vehicles
Department of Transportation
Bldg. 3, Room 337
1900 Kanawha Blvd., E.
Charleston, WV 25305
Wisconsin
Division of Motor Vehicles
Department of Transportation
4802 Sheboygan Ave., Room 221
PO Box 7949
Madison, WI 53707
Wyoming
Department of Transportation
Driver License Control
5300 Bishop Blvd.
Box 1708
Cheyenne, WY 82002
©
2007 The Fields Law Firm P.A.
info@thefieldslawfirm.com
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establish an attorney-client privilege. Proper legal
advice can only be given upon consideration of all the
relevant facts and laws. Therefore you should not act
upon any of the information contained herein without
seeking appropriate legal counsel.
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