Young Drivers: Age can be a Factor in Personal Injury Cases

An individual’s age is one of several factors auto insurers take into account when determining applicable insurance rates for a policyholder.  A key reason for this is that statistically, certain age groups are more susceptible to auto accidents than others. This includes younger drivers, who are generally considered to be at higher risk for motor vehicle accidents, especially drivers between the ages of 16 and 23.  According to the World Health Organization (WHO), road traffic injuries are the leading cause of death among young people aged 15 to 29. In contrast, drivers between the ages of 50 to 65 are involved in the fewest accidents, statistically.

There are many factors that contribute to the high rate of traffic accidents among younger drivers. However, the most common causes are:

1. Speeding – Speeding is a leading cause of car accidents in general, but speeding is a particularly significant issue for young drivers. According to a 2009 Annual Monitoring Report by the Canadian Council of Motor Transportation Administrators (CCMTA), 40 percent of speeding drivers involved in fatal crashes were 16 to 24 years of age and 80 percent of young adult passengers who were killed in a speeding-related crash, were in a vehicle with a speeding driver of the same age.

2. Impaired Driving – Much like speeding, driving under the influence of drugs and/or alcohol is a leading cause of accidents and this is similarly the case for young adult drivers. According to Mothers Against Drunk Driving (MADD) Canada, alcohol and/or drug impairment account for 55 percent of vehicle crashes among 16 to 25 year olds. More alarmingly, while 16 to 25 year olds only accounted for 13.6 percent of the nation’s population in 2010, they made up 33.4 percent of alcohol-related traffic deaths.

3. Distracted Driving – Distracted driving has increasingly been on the rise in the last few years, particularly with the proliferation of smartphones, which is a significant concern among young drivers. However, distracted driving includes more than just the use of a phone while driving; it also includes talking to passengers, eating, applying makeup, listening to music too loudly, etc. Statistics show that 16 year olds driving with passengers are twice as likely to be involved in fatal crashes, as they are more easily distracted when talking and interacting with their passengers.

4. Inexperience –  A contributing factor in many accidents involving young adult drivers is their lack of experience, as they have been driving only for a few years and in some cases, a few months. This means that young drivers are inexperienced in maneuvering and handling unexpected situations that may occur, such as icy road conditions, poor visibility, or being cut off by another driver.  Unfortunately, this inexperience makes them more vulnerable to losing control of the vehicle and being involved in a collision.  

Personal Injury Claims

In terms of a personal injury claim following an accident, a person’s age is often a factor in calculating the amount of damages for the injured person’s losses. The victim’s age can particularly impact the amount of special damages they are owed in the case of a serious, catastrophic and permanent injury. Special damages includes compensation for financial losses such as medical/ rehabilitation costs, loss of income and loss of future earning capacity.  A person who is injured at age twenty, for example, may be entitled to future loss of income/earnings up to their projected date of retirement, as well as expenses for rehabilitation and attendant care for the rest of their lives, which is clearly a substantial sum for any person.

General damages are a more subjective form of damages, intended to award the accident victim for pain and suffering, and their loss of enjoyment in life. General damages may also be affected by the accident victim’s age. For example, when a young person is seriously or catastrophically injured in a car accident,  the judge or jury will give consideration to the fact that they have long life ahead of them, in which their mobility and capacity to enjoy activities will be diminished for many years.

Sometimes a victim’s age can have an opposite effect on the calculation of damages. In the case of mild to moderate injuries for example, the court may award less for pain and suffering to a younger accident victim versus an older person. The younger individual may be assessed by medical professionals as far more likely to completely recover from their injury as opposed to an older individual who may have pre-existing medical issues and/or is unlikely to fully heal.

Although young adult drivers have a higher risk for motor vehicle accidents, every motorist, regardless of age, has a duty to take due care while driving, to ensure not just their own safety but the safety of others. At Injury Lawyers of Ontario, we have represented many individuals who have suffered significant injuries as well as emotional and psychological effects, due to the negligence of other road users.

If you or someone you love has been hurt and/or injured in an accident, please do not hesitate to call or visit us today. We will be happy to provide a free initial consultation to discuss the specifics of your case and offer you the best legal options to facilitate an optimal recovery.