Lump Sum Personal Injury Settlements vs. Structured Personal Injury Settlements

Most people assume that any settlement they receive from a personal injury lawsuit will come as a lump sum. While this is the most common form of settlement, you may have the option to accept a structured settlement instead, which pays out consistently over time rather than all at once. Structured settlements are usually offered when the settlements are extremely large, such as when a victim is left permanently disabled.

If you are offered a structured settlement rather than a lump sum settlement, should you take it? We go over the pros and cons of both options.

Lump Sum Settlements

Lump sum settlements, in which the accident victim receives all their compensation in a large one-time payment, are the most common type of settlement.

Pros:

• Lump sum settlements provide the most freedom. After satisfying any medical liens (which will be handled by the attorney), recipients can use the money at their complete discretion, whether that means paying off their mortgage, putting it toward a college fund for their child, or taking a much-needed vacation to shrug off the stress of the accident and injury. It’s your money and you can use it however you want.
• Have a large sum of money at the ready also means you are more able to meet any financial crises you might face in the future.

Cons:

• Many accident victims often find they are pressured by friends and family to share their settlement money after winning a large settlement. As your settlement is intended to compensate one person (you), not dozens of acquaintances, you may find it running out too fast if you agree too often. And once it’s gone, it’s gone for good.
• Many accident victims may also be unused to managing large sums of money on their own, which may necessitate hiring a financial advisor to figure out how to invest it properly.

Structured Settlements

In a structured settlement, victims receive a series of smaller payments over time through an annuity purchased by the insurance company.

Pros:

• Structured settlements are incredibly flexible, with recipients being able to choose both the size and frequency of their payments. For example, you could choose to receive a large payment once a year, a smaller payment once a month, or any number of other combinations.
• Structured payments can act as a source of guaranteed income.
• You don’t have to worry about losing your settlement to bad investments or about being pressured to give it away to friends and family.

Cons:

• Structured settlements are inflexible.

This may seem like a contradiction to the point previously made in the “pros” section, but once a structure is selected at the start, it cannot be changed later on. For example, if you decided to receive one large payment once a year, but you have an unexpected expense halfway through the year, you will not be able to get an advance on your payment.

Essentially, although it is your money, you do not have access to the majority of your settlement.

You may have seen commercials on television encouraging people in the exact situation described above to “sell” their structured settlement in exchange for an immediate lump sum payment. However, be cautious. These are often predatory lenders, which is why accident victims in South Carolina are protected by the Structured Settlement Protection Act.

This law will make it harder to sell your structured settlement annuity, but only to protect you from fraud. Before being able to sell your structured settlement annuity, the following must occur:

1. The sale must be court-approved.
2. The sale must be in the best interests of the accident victim, as well as their dependents (if applicable).
3. The accident victim must have any fees associated with the sale explained to them.
4. The purchaser of the annuity must advise the accident victim in writing to seek professional financial advice before going through with the sale.
5. The sale can be “called off” if the accident victim changes their mind within a set time frame.

Need Compensation After an Accident? Let Us Handle the Details

If you are injured and in need of compensation, the team at Joye Law Firm will not only fight to get you the maximum compensation possible for your injury, we can advise you on which type of settlement may be right for your needs after your accident.

For a free consultation, contact our South Carolina personal injury attorneys today.

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The Top Reasons Workers’ Comp Claims are Denied

Serious injuries can put your ability to work and earn a living at risk. So when you are injured while at work or performing work duties (even if those duties take you outside the office), your employer is legally responsible for compensating you through their workers’ compensation insurance. That compensation includes money for treatment costs and makes up part of the wages you miss out on while unable to work.

However, filing a workers’ compensation claim is a completely different process than submitting a medical bill to your health insurance, and there are many reasons why a claim could be denied. Unfortunately, many of these reasons are mere technicalities, which can make filing a claim a delicate process that requires a lot of care, attention to detail, and follow up. Without an experienced workers’ compensation attorney on your side at the start, it can be easy for an otherwise valid claim to be denied.

While working to appeal denied claims for our clients, we’ve seen the same reasons for denials over and over again, and have compiled the most common below.

The 5 Most Common Reasons Claims are Denied

You did not notify your employer of your injury within the required time.

You typically have 90 days after suffering an injury to report it to your employer in South Carolina. This can seem like a lot of time, but many injury victims don’t report their injuries right away, and instead try to work through the pain, because they either think the injury will get better on its own or they are afraid of consequences from their employer.

The longer you wait, the more suspicious the insurance company will be about when and how you were injured. Once those 90 days are up, it will be difficult or impossible to get compensation, even if it turns out you need surgery or another expensive treatment. That’s why it’s best to inform your employer immediately after an injury – on the day of, if you can.

You were not treated by an approved medical provider.

South Carolina law states that if you are being treated for a work-related injury, your employer has the right to select the doctor you see. If you see your own doctor, there is no guarantee your employer will agree to pay the bill or can be forced to pay the bill. Usually the only exception is if you needed immediate emergency treatment and there wasn’t time to get approval from your employer beforehand.

You did not get treatment at all.

Workers’ compensation provides money for medical expenses and two-thirds of your weekly wage until you are able to work again. However, your employer will likely refuse to compensate you for your lost wages if you can’t prove the injury that temporarily disabled you exists. For that, you’ll need a diagnosis from a medical doctor—and that means getting a full check-up and treatment.

You were under the influence of drugs or alcohol at the time of the injury.

If your employer believes you were injured because you were drunk on the job, or believes you were under the influence of illegal drugs, they have the right to request you be tested. If your test comes up positive, your claim will generally be denied.

Your employer disputes your injury is work-related.

Although you don’t need to prove that you were injured because your employer was negligent in order to get workers’ compensation benefits – you can even still receive benefits if your injury was your own fault – you still need to be able to prove your injury was work-related.

If there were no witnesses to the injury, your employer may try to claim you were injured off-the-clock and that you’re passing it off as a work injury. This scenario is especially likely if you submit your claim just before or after a weekend or holiday. They may also try to argue your injury wasn’t work-related, even if it happened in the office. For example, they may argue this if someone was injured while goofing around on a coffee break, since they were not “working” at the time.

We Help Appeal Denied Worker’s Comp Claims

There are so many reasons and ways a workers’ compensation claim can be denied. If you are already dealing with the stress of trying to pay your living expenses until you can work again on top of the pain of injury, the frustration can be too much to handle.

Thankfully, even a denial isn’t final. We work with injured workers who have yet to file a claim as well as with workers who have already been denied in order to get their claims appealed.

Don’t give up or give in after a work injury – contact us today for a free consultation to learn how a South Carolina workers’ compensation attorney can help in your situation.

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Safety Groups Recommend 2020 Car Models for Teen Drivers

Consumer Reports (CR) and the Insurance institute for Highway Safety (IIHS) have put together a list of 18 recommended car models for parents looking to buy a reliable new car for their teenage drivers.

With 2021-model-year vehicles reaching dealer lots later than usual due to COVID-19’s impact on manufacturing, late 2020 could be an opportune time to make a deal with an auto retailer.

The IIHS says teen drivers have crash rates nearly four times those of drivers age 20 and older, underscoring the importance of teens driving safe vehicles.

Recommended 2020 Models for Teen Drivers

The 2020 vehicles recommended by CR and IIHS have each been named an IIHS Top Safety Pick or Top Safety Pick+, meaning they have good ratings in all six of the IIHS’s crashworthiness tests, advanced or superior ratings for front crash prevention, and acceptable- or good-rated headlights. The top picks range in price from about $21,000 to $37,000.

The two least expensive cars in each size category (based on Kelley Blue Book New Car Fair Purchase Prices) are:

• Small cars: Honda Insight, $22,000
  Mazda 3, $22,100
• Midsize cars: Subaru Legacy, $22,100
  Honda Accord, $23,300
• Small SUVs: Mazda CX-3, $20,700
  Subaru Forester, $23,900
• Midsize SUVs: Hyundai Santa Fe, $32,700
  Mazda CX-9, $32,700.

The entire list is available here.

Each pick went through Consumer Reports’ automotive testing and has:

• Vehicle-to-vehicle automated emergency braking as standard equipment
• Average or better reliability based on CR’s member surveys
• Average or better scores from CR’s emergency handling tests
• Dry braking distances of less than 140 feet from 60 mph in CR’s brake tests
• “Good” or “better” rating from CR for ease of use of their controls.

The list does not include:

• Sports cars or other vehicles with excessive horsepower, because these vehicles can tempt teens to test the limits
• Minicars or vehicles under 2,750 pounds
• The biggest, heaviest vehicles, including those in the large SUV class, because they can be hard to handle and often have increased braking distances
• Vehicles that had substantially higher than average insurance claim rates under medical payment or personal injury protection coverage in recent model years and haven’t been redesigned.

CR also has a list of the best used cars for teens, which are all under $20,000. Buying a used car for a teen driver is more common than buying a new vehicle.

IIHS research shows that many teenagers drive older vehicles or small cars, which provide less protection in a crash than larger vehicles and typically do not always have state-of-the-art safety features.

Teen auto accidents can lead to the teenager at the wheel, passengers and/or others on the road being injured or killed. The South Carolina car accident attorneys at Joye Law Firm work with families whose lives have been shattered by a serious teen driving accident caused by someone else’s negligence. We help families seek the compensation needed to put things back together.

Why Are Teen Drivers at Risk on the Road?

Few things make a parent more nervous than watching a newly licensed teen get behind the wheel alone and drive away from home.

The Centers for Disease Control and Prevention (CDC) says six teens aged 16 to 19 die every day from motor vehicle crash injuries. This helps to make motor vehicle crashes the leading cause of death for U.S. teens.

The number of crashes involving teenagers are disproportionately high, the IIHS says. Teen drivers are inexperienced and may not recognize dangerous traffic situations in time to respond safely and avoid an accident.

Based on police-reported crashes of all severities, the crash rate for 16- to 19-year-olds is nearly four times the rate for drivers 20 and older. The fatal crash rate per mile driven for 16- to 17-year-olds is about three times the rate for drivers 20 and older.

The fatality rate for all people potentially involved in a car accident – drivers, passengers, pedestrians, cyclists – increases by 51 percent when a teen driver has only teen passengers in their vehicle, the AAA Foundation for Traffic Safety says.

Teens face a higher risk of getting into car accidents because they are less experienced drivers and, in too many cases, because they make bad decisions.

The CDC cites:

• Speeding. Teens are more likely than older drivers to speed. The IIHS says excessive speed is a factor in just over a quarter of teens’ fatal crashes.
• Lack of seat belts. Teens and young adults often have the lowest seat belt use rates. At least 46% of teen drivers and passengers who died in passenger vehicle crashes in a recent year were not wearing a seat belt at the time of the crash. Research shows that seat belts reduce serious crash-related injuries and deaths by about half.
• Alcohol use. In 2017, 15% of drivers aged 16 to 20 involved in fatal motor vehicle crashes had a blood alcohol level of .08% or higher, which is considered driving under the influence (DUI) for an adult driver in South Carolina and every other U.S. state.
• Distracted driving. Drivers under the age of 20 have the highest proportion of distraction-related fatal crashes. In 2017, one of every 10 teen motor vehicle crash deaths involved distracted driving, the CDC says.
• Nighttime and weekend driving. Darkness contributes to car accidents, and drivers are more likely to be drinking on weekends. In 2017, 40% of motor vehicle crash deaths among teen drivers and passengers aged 13 to 19 occurred between 9 p.m. and 6 a.m., and 51% occurred on Friday, Saturday or Sunday.
• Drowsy driving. Teens may have part-time jobs and/or active social lives on top of school, causing them to not always get a full night’s sleep. Drowsy or fatigued driving is impaired driving that slows the reflexes and can be as deadly as driving under the influence of alcohol (which is a sedative). People who sleep 6 hours or less per day are more likely to fall asleep while driving, the CDC says.If you or your loved one has been injured in a car accident in South Carolina caused by another driver’s negligence or disregard for safety, contact Joye Law Firm to review your legal options. The consultation is free and will help you make better informed decisions after a collision.

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Study Says Digital Distractions in the Workplace Cause Injuries and Deaths

Could you be risking life and limb because you are digitally distracted in your workplace? Are you reading this blog post on a phone at work right now?

A survey of American workers recently reported by EHS Today found that 14 percent of respondents said at least one accident had occurred at their workplace because an employee was distracted by a cell phone. The risk of injury related to distraction is higher in industrial settings. Among survey respondents working in industrial settings, more than 1 in 4 reported accidents caused by someone being distracted by their cell phone. The rate falls to 11 percent in office settings.

Overall, half of digital distraction accidents reported in survey results caused an injury or death. Three quarters of digital distraction accidents in industrial settings and 59 percent in workplaces overall caused property damage.

We’ve known for years that distracted driving is a leading cause of car accidents and that cellphones caused a surge in fatal distracted driving accidents. As workers’ compensation lawyers, we’ve also seen distractions adding to the many ways to be injured in the workplace. Today, cellphone distraction poses a significant risk of workplace accidents.

“A strong majority of respondents say the problem of workplace digital distraction is serious enough that employers should address it,” the study by Screen Education, EMI Research Solutions and Stark Statistical Consulting says. “They say employers should address digital distraction by implementing policies that restrict the use of nonwork digital content during work hours.”

“What’s astonishing is that 47 percent of respondents said their employer actually had a policy that restricted smartphone use at work,” Michael Mercier, president of Screen Education, told EHS Today. “We’re seeing these problems despite the existence of smartphone restrictions.”

How Digital Distraction is Harmful in America’s Workplaces

The 2020 Digital Distraction & Workplace Safety Survey was based on a survey of 1,760 full-time workers across the U.S. in April. Respondents ranged from age 18 through 75 and older and held a wide range of jobs. The sample was balanced by gender, race and geographic region.

Respondents to the 2020 survey said the average employee at their workplace spends 2.5 hours each workday accessing digital content that is unrelated to their job. In the 2019 survey, workers said they themselves spent 1.4 hours each workday accessing digital content that is unrelated to their job. The report’s authors say the true amount is likely between the two figures because respondents underestimate their digital distraction during work.

“While this hurts productivity, it’s also a distraction that is putting employees at great risk for accidents – accidents that damage property and cause injury and death. And there is a higher rate of accidents in industrial settings, where heavy machinery, equipment and vehicles are used,” the 2020 report says.

The types of accidents cited were:

• Falling
• Walking into something
• Crashing a company vehicle
• Forklift accidents
• Heavy machinery accidents
• Standing still and being hit by something

The report provides some descriptions of accidents by employees and the settings in which the accidents occurred. They include:

Office Setting

• “Person was on their phone … elevator door was closing … their jacket got stuck and it kept going down which made … (their) collar choke them and leave a red mark.”​

Healthcare Setting

• “A patient fell because someone was listening to music and didn’t hear the alarm.”

​Forklift

• ​”Hi lo driver was paying attention to his phone. Ran into employee. She was … texting … the forklift bumped her pretty hard. She was hospitalized for a week.”

Industrial Setting

• “Someone was distracted by being on the phone when their arm was crushed by a press.”

Driving

• “Someone driving a company truck and they went to grab their phone and took their eyes off the road. They hit a utility pole.”

Nineteen percent of workers said they wished their employer would do something to help them address the digital distraction they experience during the workday. An even higher percentage of those who worked in an industrial setting – 27 percent – would welcome assistance.

Just over half of employees who were working from home due to closures related to the pandemic said they spent even more time than they used to during work hours socializing online with family and friends via social media, text, email and phone calls.

Occupational Injuries, Illness and Deaths in South Carolina

Statistics from the South Carolina Occupational Safety and Health Administration from 2018, the latest available, show 43,700 reported occupational injuries and illnesses across all industries in the state and 98 workplace fatalities.

Among 12,420 private industry injuries, those similar to injuries cited as occurring because of digital distraction include:

• 4,120 falls, slips and trips
• 2,220 injuries from being hit by a truck, cart, dolly, hand truck, etc.
• 720 machinery accidents
• 630 roadway motor vehicle accidents
• 450 struck against object or equipment.

Among the fatalities were:

• 47 transportation incidents
• 14 falls, slips and trips
• 9 contact with objects and equipment accidents.

The best way to avoid being injured in your workplace is to pay attention to your job activities and the actions of people, vehicles and machinery around you while you are on the job. Don’t give in to the temptation offered by social media and other digital content.

Most employers in South Carolina have workers’ compensation insurance to provide medical care and other benefits to those injured on the job. An injured worker can recover compensation for medical expenses and lost earnings, and disability benefits, regardless of who caused the workplace accident. Families of workers killed in workplace accidents may also be eligible to receive death benefits.

If your employer or the insurance company is disputing your right to workers’ compensation benefits, you should have a knowledgeable workers’ compensation lawyer review the details of the accident and explain your legal rights.

If you need assistance with a South Carolina workers’ compensation claim, our workers’ compensation lawyers at Joye Law Firm are ready to assist. We will first provide a free case review to discuss your options and, if we handle your case, then pursue maximum compensation for you. Contact us at 888-324-3100 or online to schedule your free meeting.

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How to Estimate a Car’s Value After an Accident

A car that has been damaged in a crash suffers from “diminished value” after the accident. Even after the vehicle is repaired, the presumption is that a previously wrecked vehicle will be somewhat less marketable and have less value when sold or traded.

“Diminished value” refers to the difference in your car’s market value before and after a collision. In South Carolina, a car owner may file a diminished value claim to recoup some of their loss. A successful diminished value claim pays the car owner the dollar amount difference between the car’s value before and after the crash.

The key to obtaining a proper insurance settlement for property damage in a car accident is to have some idea of how diminished value is determined. Most insurance companies work from a calculation known as the “17c Diminished Value Formula.” Some may walk a policyholder through their diminished car value calculator to justify a settlement offer the policyholder questions.

Regardless, each insurance company follows the same basic approach to determining the diminished value of a crashed motor vehicle, as summarized below.

Four Steps to Determining the Diminished Value of Your Crashed Vehicle

To determine the current value of a car for insurance purposes, most insurers will:

1. Consult the Kelley Blue Book and/or the National Association of Automobile Dealers’ Guides, or NADA Guides. These allow the user to enter a vehicle’s make, model and mileage to obtain an estimated sales value.
2. Apply a 10% loss cap, known as the base loss of value. This assumes that a vehicle in an accident could lose up to 10% of its sales value as estimated by NADA or Kelley Blue Book. So, if NADA or the Blue Book say the car is worth $15,000, the insurer has decided that, at maximum, the diminished value after an accident and repair could be $1,500. This is the “base loss value.”
3. Apply a damage multiplier. Now the insurer looks at the actual damage to the car and determines what it detracts from the vehicle’s worth by applying values for a range of damage:
   • 1.00: Severe structural damage
   • 0.75: Major damage
   • 0.50: Moderate damage
   • 0.25: Minor damage
   • 0.00: No structural damage or replaced panels.
     For a moderately damaged car with a base loss value of $1,500, you now have a damage-adjusted diminished value of $750 ($1,500 x 0.50).
4. Adjust for mileage. This is another calculation based on established multipliers for the vehicle’s miles driven:
   • 1.0: 0-19,999 miles
   • 0.8: 20,000-39,999 miles
   • 0.6: 40,000-59,999 miles
   • 0.4: 60,000-79,999 miles
   • 0.2: 80,000-99.999 miles
   • 0.0: 100,000+

A vehicle with a $750 adjusted diminished value and 85,000 miles on it has suffered a loss worth $150 under the 17c Diminished Value Formula ($750 x 0.2). This is generally how insurers determine diminished value after a car accident and what many insurers would allow you to claim for property damage to the vehicle.

The value of a crashed vehicle may be described by an insurer three ways:

• Immediate Diminished Value. This is the difference in the value from prior to the accident and immediately following the accident without repairs.
• Inherent Diminished Value. This is the loss that remains after the car has been fully repaired and restored to its original condition.
• Repair-Related Diminished Value. This is lost value caused by improper repair work, whether mechanical or body work. This is loss in addition to the inherent diminished value.

The final calculation at step 4 above yields the inherent diminished value. If problems with repairs are discovered, a repair-related diminished value would be assessed, and the vehicle would be further devalued.

Filing a Diminished Value Claim in South Carolina

If someone else caused the accident that damaged your vehicle, you may be entitled to compensation for the necessary repairs, which comes from auto liability insurance held by the at-fault party or from your own uninsured/underinsured motorist coverage. You should be able to recover what you’ve lost from your vehicle’s value by filing a diminished value claim.

You may file your diminished claim (along with other claims from the accident) and await the insurer’s decision, which is likely to be based on the 17c Diminished Value Formula. You can also work to establish for yourself what a proper payment to you should be.

Again, you would begin with the Kelley Blue Book and/or NADA Guides to get a basic estimate of what your car was worth. You might research similar cars on the market in your area to see what they are selling for.

But you might also compile evidence such as mileage records, service history and affidavits from your regular mechanic to demonstrate that your car was worth more than its book value. If you had aftermarket components that increased its value, such as tires, rims or suspension, or a sound system, you would need to document their existence with receipts and photos.

It’s also possible to hire a diminished value expert to appraise your vehicle’s value after an accident.

You have the right to negotiate with any insurer and tell them what you believe you are owed. In South Carolina, if an insurance company refuses to pay your diminished value claim, you can file for auto insurance arbitration in civil court and, based on the evidence you provide, ask an arbitrator to force the insurer to pay an appropriate diminished value settlement.

Further, under certain circumstances, SC law may allow you to also pursue “punitive” damages against the at-fault party. These would be payments made to punish outrageous behavior like drunk driving.

How a Car Accident Attorney Can Help

Unfortunately, if you have been in an accident that resulted in significant damage to your vehicle, you have probably been injured as well. The South Carolina car accident attorneys of Joye Law Firm pursue personal injury and property damage cases to recover compensation for clients from across the state.

Contact us immediately after a car accident involving injuries, and we can advise you as to what types of compensation you may be entitled to seek. If you have a personal injury claim, we can handle all of the paperwork required by insurers and negotiate on your behalf for a proper settlement. We also take cases to court when necessary to obtain justice.

Call Joye Law Firm. If you have been in a car accident in Columbia, Myrtle Beach, North Charleston, Clinton or elsewhere in South Carolina, contact us at (877) 936-9707 or use this online contact form to set up a free case review.

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What Is a Class Action Lawsuit?

A class action lawsuit is one where many people who have been harmed by the same party in the same way file a compensation claim together as a group.

Class actions can be filed by victims of discrimination, false advertising, environmental disasters, invasion of privacy, and a number of other forms of negligence, but usually are filed against manufacturers of dangerous products for injuries their products caused.

Is Any Lawsuit Over a Product that Harmed Multiple People a Class Action Lawsuit?

No. Even if a defective or dangerous product has harmed many people, that does not automatically make a lawsuit against the manufacturer a class action lawsuit.

The lawsuit can’t become a class action until a judge decides the lawsuit should be treated as a class action. Cases that are expected to be given class action status but haven’t yet may be referred to as putative class actions.

Lawsuits against manufacturers for dangerous products usually start out being filing by just one person rather than everyone harmed filing together. This is because individual victims may not be aware of each other. Once a lawsuit is given class action status, the lawyer in charge may start reaching out to other victims to see if they’d like to join the lawsuit.

How Many People Does It Take to File a Class Action Lawsuit?

It only takes one person to file a class action lawsuit. In fact, in a class action lawsuit, only one person is actually filing the lawsuit – this is the lead plaintiff. However, hundreds or even thousands of other people can be listed as “class members.”

One of the requirements of a lawsuit becoming a class action is that the judge decides there is a large enough number of people who have also been harmed by the same product that it would be impractical and inefficient to try all their cases as separate lawsuits.

What Is the Difference Between a Lead Plaintiff and a Class Member?

The lead plaintiff is the one who originally filed the lawsuit and who is named in the lawsuit.  The lead plaintiff is bringing the case on behalf of all the class members.

Rather than the judge looking at everyone’s cases, they only look at the lead plaintiff. All the class members receive the same verdict as the lead plaintiff, and all class members share in the settlement with the lead plaintiff (this differs from mass torts, where each member is still tried and awarded individually).

For this reason, the lead plaintiff must be the best representative of the “class” of people injured, meaning the details of how the lead plaintiff was injured by the product and what their injuries are must be so similar to the other people in the lawsuit that reviewing one case is essentially reviewing them all.

Following this logic, other requirements of a lawsuit becoming a class action are that all class members’ injuries should have enough in common to be grouped together, and that the “class” should be clearly defined enough that it is easily determined who does and does not qualify as a member.

Am I Eligible for a Class Action Lawsuit?

If you or someone you love has been harmed by a defective or dangerous consumer product or medication, you may be eligible for compensation. Whether this is through a class action lawsuit, a mass tort action, or a personal injury claim depends on your injury.

If you think you have a claim, contact our experienced South Carolina product injury attorneys for a free case review.

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Safety Tips for Keeping Elderly Drivers Safe on the Road

A 2018 survey recorded over 45 million licensed drivers age 65 or older in the U.S. For perspective, that’s a 69% increase since 1999, and accounts for one in every five drivers on the road.

Why is this important? Older drivers face a higher risk than other age groups of serious injury or death when they’re involved in a crash. This is true regardless of who caused the crash.

On average, 20 older Americans are killed every day in crashes, while an additional 700 are injured. South Carolina ranks fifth in the nation for most seniors killed in motor vehicle accidents.

Older Driver Safety Awareness Week, which runs from Monday, December 7 to Friday, December 11 this year, is intended to raise awareness of how much more vulnerable our elderly loved ones are on the road, and what we can do to keep them safe.

Step 1: Have a Conversation With Your Loved One About Their Driving

If your older loved one has recently received a traffic ticket or had a minor close call on the road, now is a great time to bring up their driving. Even if they haven’t, it’s better to bring up the issue before it becomes one.

These conversations can be difficult to have, because for many Americans, driving is tied to personal independence and freedom. It may be impossible to go grocery shopping, run errands, visit the doctor or pharmacist, or any number of important tasks without access to a car or other method of transportation.

Your loved one may see any criticism of their ability to drive as an attack on their ability to take care of themselves, and see losing the ability to drive as the first step to being unable to live independently. They may not want to acknowledge any decline in their driving ability for this reason.

It is helpful to use “I” rather than “you” statements to keep conversations non-confrontational. For example, say “I’m concerned about your safety” rather than “you are no longer safe to drive.” Don’t be discouraged or put off by a negative reaction and always keep empathy for their situation at top of mind.

Step 2: Identify Potential Problems and Plan How to Solve Them

Many otherwise completely healthy older drivers begin experiencing new aches and pains, slowed reaction time, or worsening hearing and vision as they age. Any of these can have a negative impact on driving ability and ability to drive defensively, which could put your loved one in a situation where they are unable to avoid a crash.

While we can’t avoid many of the problems that come with aging, we can anticipate the most common problems and plan ahead for them by changing driving habits or through the use of adaptive equipment.

• If your loved one is experiencing worsening vision, suggest they only drive during daylight hours in clear weather conditions.
• If your loved one is experiencing increased anxiety in traffic, suggest shifting the time they run errands to avoid rush hours.
• If your loved one is having difficulty remembering how to get to places they visit often or finding their way to new places, suggest using a GPS system.
• If your loved one is having difficulty getting in and out of the car, suggest purchasing a swiveling or swing-out seat or a removeable support bar.
• If your loved one finds it difficult or painful to turn their head or twist their body to look behind them, suggest installing wider mirrors or a backup camera.

Even if your loved one isn’t experiencing any difficulties now, it’s important to establish a routine of regular checks to catch any problems before they become worse, such as through scheduling annual eye exams; checking mirrors, lights, and tires before every drive; and checking with their doctor that they aren’t taking any medications that could interfere with their ability to drive.

Step 3: Discuss Ways to Stay Active Without a Car

If it becomes necessary for your loved one to stop driving, it’s important to make sure they are able to stay active. Without access to transportation, elderly adults can experience social isolation and depression, which can contribute to worsening physical health.

Alternate transportation options include:

• Friends, family, and neighbors. If you live nearby, create a schedule or carpool to help your loved one get to the places they regularly go. If you don’t live close enough to do so, they might consider trading favors with neighbors – for example, taking in packages while they are at work in exchange for rides.
• Public transportation. In addition to bus routes scheduled by the city, some locations such as malls and places of worship also provide their own transportation options.
• Rideshare services. Services like Uber and Lyft are increasingly popular for their convenience. Through the app, users can schedule rides ahead of time or call one on-demand in most cities in the U.S., even those without conventional taxi services.
• Volunteer driver programs. These programs often offer complimentary trips for elderly and disabled people needing to go to the doctor, store, bank, or other locations.

If no easy transportation option is available, you might also discuss with your loved one relocating to a more walkable community or assisted living facility that encompasses all your loved one’s needs inside it or offers to bus residents to those it doesn’t provide.

If Your Elderly Loved One Has Been Injured in a Car Accident Through No Fault of Their Own, We Want to Help

When they are injured in auto accidents, whether as a driver or passenger, Americans aged 65 and older are far more likely to be severely injured or killed. And when they were injured because another driver was negligent, the other driver should be held responsible for their medical expenses and pain and suffering.

Contact our firm today for a free case review.

The post Safety Tips for Keeping Elderly Drivers Safe on the Road appeared first on Joye Law Firm.

from Joye Law Firm https://www.joyelawfirm.com/2020/12/older-driver-safety-tips/
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