Presented by Lucy A Khairy Attorney at Law

Presented by Lucy A. Khairy, Attorney at Law Khairy & Associates, LLC 8250 Haverstick Road, Suite 150 Indianapolis, IN 46204 (317) 580 -0208 (This presentation does not constitute or is not to be used as legal advice)

The presenter has no financial, commercial, or ownership interest in any resources or organizations or individuals referred to in this presentation.

SENIOR DRIVING Responsibility & Liability Overview Ø Senior Driving: What is it? Ø Laws Related to Senior Driving Ø Responsibility & Liability Issues

SENIOR DRIVING Responsibility & Liability Senior Driving: What is it? Varying Age Definitions Ø As young as 50 years old for special rates. Ø Insurance Institute for Highway Safety (“IIHS”) – 70 years old (5/2018 survey) Ø IIHS Survey shows some states set senior drivers at age 80 years and many have no set age. Ø Continuing percentage increase of over 70 drivers has lead to traffic safety concerns, despite a 43% decrease in rate traffic fatalities for that population.

SENIOR DRIVING Responsibility & Liability Senior Driving: What is it? Varying Age Definitions Ø But—Suspicion of older drivers may be based on non-clinical factors, i. e. , “ageism” rather facts or research, states an American Geriatric Society publication. Ø Age specification for “Senior Driver” typically refers to renewal procedures for drivers older than a specified age Ø There are 33 states + D. C. with special provisions for older drivers —Indiana is one of those states

SENIOR DRIVING Responsibility & Liability Senior Driving: What is it? Indiana Age and Gender Statistics for Dangerous Driving Collisions Ø A recent IU Public Policy Institute report on Indiana state-wide “dangerous driving” collisions shows: Ø Female drivers 65 + have lowest rates of “dangerous driving” collisions Ø The percentage of 65+ male/female “dangerous driving” collisions drivers has decreased from 2013 to 2017 Ø “Dangerous driving” collisions made up 12% of all 2017 crashes in Indiana

SENIOR DRIVING Responsibility & Liability Senior Driving: What is it? Age and Gender “Dangerous Driving” Collisions in Indiana

SENIOR DRIVING Responsibility & Liability Indiana Law for DL Renewal Ø Age 75 through 84— 3 year renewal period Ø Age 85 and older— 2 year renewal period Ø Age 75 and older—No mail/electronic renewal Ø Indiana has no mandatory “stop driving” age and eliminated renewal road tests for drivers age 75 and over in 1999 Ø Important Date: 1/2020 drivers or persons with I. D. cards need to have the new “Real I. D. ” for flying inside U. S.

SENIOR DRIVING Responsibility & Liability IN Impaired Driver Reporting Ø Indiana has a form (Form 54750) that can be submitted anonymously to report an unsafe driver to BMV Ø Indiana Code 9 -14 -4 deals with Driver Licensing Medical Advisory Board consisting of 5 members—two members licensed to practice medicine in Indiana and one member is optometrist Ø Members of MAB provide guidance with health issues adversely affecting driving ability

SENIOR DRIVING Responsibility & Liability Medical Personnel Reporting Procedures Ø Mandatory Medical Reporting Related to Impaired Drivers – NONE, but is left to medical personnel’s judgment. Ø Physician/Medical Reporting – Medical conditions that may cause lapse of consciousness, seizure, etc. should be self-reported by the driver though physicians are encouraged to report to the BMV medical conditions adversely affecting a drivers ability to safely operate a motor vehicle

SENIOR DRIVING Responsibility & Liability Medical Personnel Reporting Procedures Ø Immunity for Reporting – Physicians licensed to practice medicine under IC 25 -22. 5, optometrists licensed under IC 25 -24, or advanced practice nurses licensed under IC 2523 are not civilly or criminally liable for a report made in good faith to the bureau, commission, or driver licensing medical advisory board if they have personally examined the patient within thirty (30) days of reporting.

SENIOR DRIVING Responsibility & Liability Reporting Procedures Ø State Form 54750 (Driver Ability Review found at: https: //www. in. gov/bmv/2529. htm Under “Forms and Applications for CDLs” Ø After receipt of Anonymous Driver Ability Review Notification, BMV reviews if follow-up is needed with possible referral to Medical Advisory Board. Ø Follow-Up – By Written Notification

SENIOR DRIVING Responsibility & Liability Reporting Procedures Ø Other Reporting – Will accept information from courts, law enforcement, family members and other reliable sources if there is further review. Ø Anonymity – The BMV protects the identity of the reporter, unless information is required by a court of law.

SENIOR DRIVING Responsibility & Liability Physician’s Legal & Ethical Duties Legal and ethical duties of a physician relevant to driving include balancing: Ø Protecting the patient Ø Protecting public safety Ø Maintaining patient confidentiality--disclose only minimum necessary information to maintain confidentiality Ø Adhering to State Reporting Laws

SENIOR DRIVING Responsibility & Liability Legal Liability Issues Possible Tort Theories Negligence is a failure to exercise the standard of care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.

SENIOR DRIVING Responsibility & Liability Legal Liability Issues Possible Tort Theories Examples of Possible Negligence Claims Ø Seniors who are impaired in some way and continue to drive or seniors with no license who continue to drive Ø Physicians/NPs who do not warn patients that their medications could impair patient’s driving

SENIOR DRIVING Responsibility & Liability Legal Liability Issues Possible Tort Theories Examples of Possible Negligent Entrustment Claims Ø Elderly parent living with adult child is allowed to use child’s car and injury/harm occurs Ø Employer entrusts elder employee to drive company automobile and injury/harm occurs. Employee does not have to be driving vehicle on a work related matter.

SENIOR DRIVING Responsibility & Liability Some Final Statistics IIHS- Highway Loss Data Institute ØThe fatal crash involvement rates for drivers age 70 and older declined from 1997 -2012, and at a faster pace than rates for drivers 35 -54. ØDuring same period older drivers are driving more miles than previously, especially for those 75 and older. ØBy 2050 the 70+ aged drivers are expected to reach 64 million in the U. S. — 16% of the population. ØPossible conclusion is that older drivers are, less likely to be involved in traffic accidents than previously predicted.

SENIOR DRIVING Responsibility & Liability Bibliography 1. Insurance Journal citing the Institute for Highway Safety – IIHS https: //www. insurancejournal. com/news/national/2014/02/25/321433. htm http: //www. iihs. org/laws/Older. Drivers. aspx https: //www. iihs. org/iihs/topics/t/older-drivers/qanda 2. AMA – State Licensing and Reporting Laws http: //www. ama-assn. org/ama 1/pub/upload/mm/433/older-drivers-chapter 8. pdf AMA – Ethics Opinion 8. 2 https: //www. ama-assn. org/delivering-care/ethics/impaired-drivers-their-physicians 3. The Hartford Insurance Company www. thehartford. com/lifetime 4. The Clinician’s Guide to Assessing and Counseling Older Drivers https: //geriatricscareonline. org/Product. Abstract/clinicians-guide-to-assessing-and-counseling-older-drivers-3 rd-edition/B 022 5. Indiana Bureau of Motor Vehicles www. mybmv. org 6. National Highway Traffic Safety Administration – NHTSA http: //www. nhtsa. gov/people/injury/olddrive/olderdriversbook/pages/Chapter 7 7. Indiana Code 9 -14 -4 http: //www. in. gov/legislative/ic/code/title 9/ar 14/ch 4. html 8. Indiana University Public Policy Institute, Indiana Traffic Safety Facts July 2018, Issue 18 -C 08 https: //www. in. gov/cji/files/Highway_Safety_Dangerous_Driving_2017. pdf

Lucy A. Khairy is the principal attorney at KHAIRY & ASSOCIATES, LLC. Lucy focuses her practice on Estate Planning and Elder Law, including counseling on the use of Supplemental/Special Needs Trusts, Asset Protection Trusts, Medicaid/Veterans Benefits eligibility, seeking guardianships, and trust and estate administration. She advises aging or disabled clients and their families on how the proper use of certain estate planning tools may provide eligibility for certain benefits that allow clients to help pay for their care either at home, in an assisted living facility or a nursing home. She also handles adult and child guardianships in those circumstances when an individual is determined to be incapacitated and requires the assistance of a guardian for their health care or their finances. In addition to these areas of practice, Lucy regularly handles the administration of trusts and probate administration for transition of assets from one generation to their named beneficiaries as well as related real estate matters. The firm of KHAIRY & ASSOCIATES, LLC regularly handles buy-sell agreements for businesses, stock and asset purchases, business formation and related contracts. Lucy is a graduate of the Robert H. Mc. Kinney School of Law, Indianapolis where she was an Associate Editor of the Indiana Law Review and was a 2003 Recipient of the Norman Lefstein Award for Pro Bono Service. She is a member of the National Academy of Elder Law Attorneys (“NAELA”), Indiana NAELA, the Indiana State Bar Association Elder Law and Property, Trust and Real Estate Sections. In addition, she is a member of Elder Counsel, a national organization of Elder Law attorneys, and a founding member of the Central Indiana Senior Alliance Forum. She is certified to practice before the Veterans Administration. Education: • B. A. , Indiana University-Anthropology • M. A. , Indiana University- Near Eastern Languages/Literature • J. D. , Indiana University/Purdue University, Robert H. Mc. Kinney School of Law • Associate Editor, Indiana Law Review