Rural Iowa - Loss of Control of Vehicle Is the Driver's Age a Defense

Steve Lombardi

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Rural Iowa - Loss of Control of Vehicle Is the Driver's Age a Defense

Question: If one driver loses control of their vehicle, over corrects, then crosses the center line hitting the other vehicle and causing serious injury or death, are they excused from liability due to age or infirmity?

Answer: The most likely answer is no. Old age and infirmity do not create a defense to driving with your vehicle under control. An elderly driver gets behind the wheel knowing their age, vision, strength and ability to control the movement of the vehicle. Other factors may influence the outcome such as the weather, the vehicles speed, distractions in the vehicle, use of a cell phone, their lookout or health issues, but overall the answer is no.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.