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Anna Drew
Abstract
This paper is a legal analysis of the effect of age on driving safety. The author begins introducing
the different implications of age on driving. The author wrote about three different age groups:
teens, middle aged, and elderly drivers. In each section the author specifies the different reasons
that the particular age groups are dangerous. Several legal precedents are wrote about to include
past incidents related to the effect of age on driving. Next the author wrote about all of the
solutions to attain a safer road which includes driving tips for all ages in general. The author ends
with the conclusion that all drivers hold the duty to keep our roads safe and an accident-free
environment.
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When a driver of any age is behind the wheel of a car- whether alone or with passengers-
driving safely should always be the top priority. With increasing age, health problems,
distractions, drowsiness, etc, it is crucial to know the basics of safe driving and to practice them
while you are out on the road ("Driving Safety Tips Every Driver Should Know," n.d.).
There are three factors that cause a traffic accident to happen.These three factors include
human interaction, the type of car, and the road being driven on.While there are two other
factors, around 90% of traffic accidents are mainly caused by human interaction (Perepjolkina &
Renge, 2011).
pressure in the workplace, and many other distractions. This causes a decrease in brain function
and increases in the inability to focus a driver's full attention on the road, leading to wrecks and
Teen Drivers
The University of Massachusetts conducted a study on age, gender, and experience and
their effect on driving. The experiment was done using eye movements to evaluate effects of
driver age on risk perception in a driving simulator. Contradictory to past findings, this
experiment shows that the reason novice drivers have the highest crash involvement rates is not
due to the greater risk-taking factor, but rather to their inability to function in risky situations.
The study evaluated the hypothesis by recording eye movements which 72 participants in total
drove through 16 risky scenarios in an advanced driving simulator. In the study, 24 of the 72
participants were novice drivers, 24 were younger drivers, and 24 were older drivers. The
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conclusion of the experiment was that there were significant age-related differences in driver
scanning behavior. The novice driver’s scanning patterns reflect their inability to deal with risks
while driving (Pradhan et al., 2005). Many researchers have come to the conclusion that
regardless of age, young drivers are more susceptible to reckless driving and are more “risk-
oriented” than older drivers. The reason this seems to be proven is the fact that younger drivers
often speed and drive recklessly. This leads to a high risk of traffic accidents. Driver’s who are
between the ages of 18 and 24 are in the highest risk group according to statistical data. The data
gets even more specific, saying that men under 20 are an especially high risk. Studies on women
show that accident rates are constant throughout all ages with a slightly bigger accident risk in
the women ages 18-25. This study shows that for men, age is associated with a decrease in
aggressive driving while women are not as affected by the aggressiveness of driving
(Perepjolkina & Renge, 2011). Safe driving relies on the coordination of several different
functions. Selective attention and working memory are just two of the important qualities used
while driving. While these two elements are important, they are also elements that decline with
age. This decline can lessen the driver's ability to alternate their attention between tasks and this
increases the risk of crashes. The researchers in the study at Northwestern University led by
phones, can further compete for the limited neural resources necessary for safe driving.” This is
known to be true for all ages of driving ("Distracted Driving May Become More Dangerous as
We Age," 2014).
Distracted driving is not the only risk that teenagers are known to take while driving.
Drivers in this age group are prone to engage in dangerous behaviors such as drinking and
driving. Driving under the influence of alcohol and/or drugs can turn deadly even for the most
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experienced drivers. Not only is driving while under the influence dangerous, but so is getting
into a car with a driver who has been drinking. Almost a quarter of teens report that they are
willing to ride with a driver who has had a drink before getting behind the wheel. Reckless
driving is also a major cause of accidents and deaths on the roadways. Observing teen car
crashes, around 35% of young drivers are speeding at the time of the accident. Specifically, male
teens are known to put themselves and others at risk by being involved in high-speed driving
which leads to fatal crashes. Other reckless driving practices that teens are likely to participate in
include making illegal turns and lane changes, tailgating, and street racing. While reckless
driving is common in general, the chance a teenager is participating in these actions increases
when they are driving with other teen passengers. Riding with friends in the car increases the
driver’s risk of falling under the influence of drugs or alcohol. Even though some teen drivers
may feel unsafe taking these reckless actions, they are more likely to participate under peer
pressure or in order to impress their friends ("7 Reasons for Teen Car Accidents," 2017).
New research that was published in The Journal of Transport & Health shows that
middle-aged drivers are at a higher risk of crashing because they feel pressure to take work calls
while they are driving. The research that was done shows that most drivers admit to regularly
using their cell phones while driving. An element that is especially worrisome for this age group
is they are more likely to be transporting children in their car as well and being on their mobile
device then puts the children in danger too. The researchers of The Journal of Transport &
Health also tested what would happen if there were children in the car with the middle-aged
adults. It was found that even the presence of children did not affect the driver's behavior as they
continued to use their phones. This is not only a problem with young children but also elder
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children who are more likely to mimic the adults driving once they begin driving (Goodchild van
Hilten, 2015). Another hazard of middle age drivers includes drowsiness. It is very common in
this age group to be sleep deprived whether it be due to staying up all night with a crying baby or
stress at work causing insomnia. Either way, feeling drowsy is a major cause of car crashes
("Real-time Driver Drowsiness Feedback Improves Driver Alertness and Self-reported Driving
Performance," 2015).
Elderly Drivers
Whitely Psychology Laboratories at Franklin & Marshall College conducted a study was
done about the effects of age and illumination on night driving by using a road test, it was found
that driver’s age and low light has an effect on speed, lane keeping, and visual recognition of
typical roadway “stimuli.” Poor visibility, which is more common in people of higher age, is a
major contributor to most fatal nighttime crashes. The study used young, middle-aged, and older
participants and they tested with day and night time conditions. It was concluded that the average
speed and recognition of road signs decreased significantly as age increased and illumination
was reduced (Owens, Wood, & Owens, 2007). Many seniors reduce their driving voluntarily
because their abilities to drive decline, but there are some seniors that are more stubborn and
don't retire driving as easily. At some point, these drivers become a safety risk to themselves and
other motorists. The responsibility falls to those family and friends around elder drivers to assess
their road safety. The most important red flags according to Consumer Reports Magazine include
but are not limited to “slow response time, inability to fully turn and check blind spots, running
stop signs, motorists honking at them frequently, cognitive dysfunction, such as getting lost or
calling for help, and a hesitation or reluctance to drive” ("Reasons Why Teenagers and Older
Legal Precedents
Murphy v. United Parcel Service, Inc. is a court case where the United Parcel Service,
Inc., dismissed Vaughn L. Murphy from his job as a UPS mechanic because of his high blood
pressure. When the petitioner was first hired, his blood pressure was so high, measuring at
186/124, that he was not qualified for Department of Transportation health certification. The
petitioner was incorrectly given the certification, and he began work. In September 1994, a UPS
medical supervisor who was reviewing the petitioner's medical files discovered the error and
requested that petitioner have his blood pressure reevaluated. While retesting, the petitioner's
blood pressure was measured at 160/102 and 164/104 which is not healthy. On October 5, 1994,
UPS Inc. fired Mr. Murphy because his blood pressure exceeded the DOT's requirements for
drivers of commercial motor vehicles. The health requirements that he did not meet were from
the Department of Transportation (DOT). 49 CFR § 391.41(a) (1998) which states "A person
shall not drive a commercial motor vehicle unless he/she is physically qualified to do so and . . .
has on his person. . . a medical examiner's certificate that he/she is physically qualified to drive a
commercial motor vehicle.” Mr. Murphy's health problem created an unsafe environment for
him in which he should not have been driving. While he was diagnosed at the age of 10, this is
an example of how health problems can be a dangerous aspect of driving (Murphy v. United
Parcel Service, Inc.). The reason this case applies is that many elderly drivers have numerous
It is a common known fact that driving safely is important, so much so that a bill was
submitted to create a day named “Drive Safer Sunday.” This bill creates a day where the sole
purpose of driving is transportation. The bill is to be implemented the Sunday after Thanksgiving
due to the fact that this day is the busiest highway traffic days of the year. It was created to
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encourage people to wear their seatbelts and includes that “wearing a seatbelt saves as many as
15,000 lives each year.” This bill encourages the community to launch an educational campaign
to urge people to focus on safety while driving. It has been implemented Nov 27, 2016, but it
was also a resolution passed on November 25th, 2015, the year before. The fact that this bill was
created shows that the community knows that safe driving is important but it is really up to the
While taking a drivers license away from an elderly driver is a beneficial solution, it can
at times have its faults. In Grand Rapids, Missouri, Carl Hainer received a notice shortly after he
turned 85 telling him that he had a medical condition that would prevent him from driving.
Because Hainer was unsure of where this information was coming from, he went and had a
health and vision check which showed that he had “no physical disability to impact driving.” He
acted as his own lawyer and filed a federal lawsuit against the Secretary of State. The Secretary
of State’s Office responded saying that Heiner’s age had nothing to do with his restricted license.
Carl Hainer’s license was reviewed and once again determined that he can still drive but only
with a driving instructor as a passenger. Another exam was done on Hainer, that ended with the
same result (Agar, "Grand Rapids man, 85, sues Secretary of State after driver's license is
yanked," 2013). Sergeant Mark Miller of the Virginia Beach Police Department says that
driving really depends on the elderly person. “I have seen people in their 90’s who are still very
sharp and good drivers, and younger ages who don’t drive very well,” he says explaining how he
believes that each situation is different. Two of the most common things that deteriorate with age
are perception and reaction time and Sergeant Miller states “ If these elements make it difficult
for an elderly person to drive, then they should probably stop driving” (M. Miller, Professional
Interview, November 9, 2017). For many people, this may be common sense, but for a lot of
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elderly drivers, this restriction feels like taking their freedom away and the process can be very
emotional for them. While personal liberties are important, public safety is more crucial.
Solutions
The journey to safer roads begins with awareness. In fact, this is such a big step, that The
National Safety Council has named the whole month of April, Distracted Driver Awareness
Month. They have created this time of awareness that the drivers put their safety first and they
“Just Drive” ("Distracted Driving Awareness Month," 2017). “Just Drive” is a pledge that is
encouraged to take for your children, other family members, or friends so that you will be with
I pledge to Just Drive for my own safety and for others with whom I share the roads. I
● Call or message someone else when I know they are driving ("Just Drive Pledge,"
n.d.).
This policy is similar to the bill of “Safe Driver Sunday” (S. Res. 617, 2016). Both of these
policies implement specific times to focus on using cars for only transportation services. They
highly encourage the only thing that people should do in their cars is to drive. The sole purpose
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of a car is to get from one place to another, and these awareness techniques stress that if this is
the only thing that drivers are doing in their cars, there is more likely going to be a drop fatal
accidents. Awareness is so important that a whole case study was done solely focusing on
banning cellphones while driving. Cummins, Inc. is “is a global power leader that designs,
manufactures, sells and services diesel engines and related technology around the world.” In
2015 the company implemented a cell phone distracted driving policy. This policy focuses on
their employees who drive for company business. This covers “professional drivers who spend a
significant portion of their workday behind the wheel,” and also includes the drivers who might
only drive once a year, for example, to partake in a company community service project. The
rule is that if someone is representing the company and they are behind the wheel, the policy
applies to them. All employees review and sign the Cummins Safe Driver Pledge in order to
make sure all employees are following the policy. All drivers in this company are required to
complete additional training on the best safe driving practices. Crash rates in at Cummins, Inc.
have declined, and it is to be believed that is due to the Safe Driver Policies that were
implemented. The Internal Communications and Global Road Safety and Special Projects
Leader, Clint Wernimont stresses that “it's important that employees understand that concern for
their safety extends beyond the walls of the workplace and into their everyday practices”
(Wernimont, 2015).
While out on patrol, police officers look for any violation of a traffic law in order to pull
people over. There are moving violations like speeding, equipment violations, for example, a
headlight being out, or other violations like an expired inspection sticker or registration (M.
Miller, Personal communication, November 9, 2017). Drivers of all age groups violate laws and
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most of the laws violated cause an unsafe environment out on the road. The most common
offense Sergeant Mark Miller sees is speeding, unsafe lane changing, reckless driving, the
disregard of red lights or stop signs. The Sergeant says that he tends to give a warning instead of
tickets to first-time drivers and elderly drivers for minor violations. He wishes that people would
really pay attention to all of the signs, not just the speed limit but the ones that prohibit them
from doing certain things, like no u-turns, not left turns, etc. ¨These are usually the location
where these types of actions can create very unsafe conditions for others.” Miller says with
concern. His best advice would be to concentrate solely on driving and to avoid distractions such
as cell phones, food, etc. He stresses that drivers need to understand that there are other people
on the road too. ¨Everybody shares the responsibility to make sure the roads are safe” (M. Miller,
Nationwide is one of America’s top insurance agencies. Their website has a list of the top four
tips that they would like all drivers to know regardless of age.
Focus on Driving
● Don’t use your phone or any other electronic device while driving.
● Slow down. Speeding gives you less time to react and increases the severity of an
accident.
Drive “Defensively”
● Be aware of what other drivers around you are doing, and expect the unexpected.
● Assume other motorists will do something crazy, and always be prepared to avoid
it.
● Keep a 2-second cushion between you and the car in front of you.
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● Build time into your trip schedule to stop for food, rest breaks, phone calls or
other business.
● Adjust your seat, mirrors and climate controls before putting the car in gear.
Practice Safety
● Secure cargo that may move around while the vehicle is in motion.
● Have items needed within easy reach – such as toll fees, toll cards and garage
passes.
● Always wear your seat belt and drive sober and drug-free ("Driving Safety Tips
Even though these tips are all common sense, drivers occasionally forget the basic
knowledge that they learned when they first began driving. Some drivers get overconfident with
their driving skills and this increases the amount of accidents that occur. If all drivers knew these
tips and implemented them while out on the roads, our community would be a much safer place.
There are many different conditions that change the safety of driving on the roads.
Obviously the possibilities of getting into an accident increases when there are more cars on the
road or when the road conditions are less than desirable. The likelihood of getting into an
accident increases when alcohol impaired drivers begin to drive on the road. During certain times
of the year driving also gets increasingly more dangerous. The best time of the year to drive is
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summer because the roads are driest, there's excellent visibility, and there are longer daylight
hours. The negative factors of driving in the summer is that more people are traveling and are
Conclusion
The age of the “safest driver” is questioned by everyone. Some say the time period in
your life when you are the most dangerous driver is when you are a teen, others say it's when you
are a busy soccer mom, and the rest claim that senior drivers are the biggest hazards. All of the
different age groups have select reasons of why their driving is hazardous. Because drivers all
share the road, everyone needs to take the steps that are necessary to protect the community,
whether these steps are avoiding distractions such as cell phones, rambunctious kids, or making
sure that your elderly family members are tested and up to date on driving policies. Taking these
steps sounds simple, but it's easy to get caught up in the day to day life and activities. Drivers all
hold the duty to keep our roads safe and an accident-free environment.
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