Accidents caused by mistaking the brake pedal for the gas pedal
Last week, an elderly woman in Glendale mistook the brake pedal for the gas pedal as she attempted to make a U-turn.
She lost control and plowed into a preschool building. Eight children inside the building were injured.
This is, sadly, not the first time we’ve seen an elderly driver who confused the brake pedal for the gas pedal. Just six months ago, a driver in Westwood mistook the brake pedal for the gas pedal, lost control, and crashed into the corner 99 Ranch Market. We discussed that tragic case here.
The issue brings up a sensitive question: When is a driver too old to drive?
Believe it or not, the California DMV does have a “you’re too old to drive” limitation. Drivers who turn 70 must renew their license in person every 5 years.
Family members who believe a loved one or friend is too old to drive, or is driving impaired, can send a confidential request to the DMV asking the DMV to inquire further. The DMV may initiate a driver safety re-examination.
Police officers can also make referrals to the DMV if they suspect a driver is confused, impaired, or otherwise exhibits deteriorating driving skill. I myself have appeared as an attorney at a DMV safety hearing when the DMV inquired into an elderly driver’s suitability to drive.
Nobody wants to take away the keys from an elderly driver who is a loved one or friend. But sometimes the safety of others requires it.
Do all cases of confusing the brake pedal for the gas involve elderly drivers? Of course not. Drivers of any age can become momentarily confused and mistake the brake for the gas.
If you were injured in an accident where a driver confused the brake pedal for the gas pedal, my office has experience with these types of cases.
I would be happy to talk to you about your case, whether your case is a regular auto accident, or a case involving a driver who mistook the gas pedal for the brake pedal.
