In June 2020, Mrs Duncan’s car veered off the road, hitting Xander and his mother before crashing into a shop. A Fatal Accident Inquiry (FAI) published last week revealed that Mrs Duncan had “significantly impaired cognitive ability” due to her illness, rendering her unfit to drive. Despite this, she had renewed her driving licence earlier that year, as current laws only require drivers over 70 to self-certify their fitness to drive every three years.
The FAI’s findings are a stark reminder of the dangers posed by the current self-certification system. It relies heavily on individuals accurately reporting their cognitive health, which can be particularly problematic for those with conditions like dementia, who may not be fully aware of their impairments. The inquiry concluded that Mrs Duncan’s cognitive impairment was the primary cause of the crash, which could have been prevented if her licence had been revoked.
Implementing mandatory cognitive tests for elderly drivers is a necessary step to ensure that those who are no longer fit to drive are identified and prevented from posing a risk on the roads.
Ensuring that only those who are truly fit to drive are on the roads is a matter of public safety.
Kim Leslie, Head of Personal Injury, Irwin Mitchell Scotland
The loss of young Xander Irvine is a devastating reminder of the consequences of inadequate regulations. As we advocate for these changes, we must remember that our goal is not to unfairly target elderly drivers but to protect all road users. Ensuring that only those who are truly fit to drive are on the roads is a matter of public safety.
We urge the UK government to act swiftly on these recommendations. By doing so, we can help prevent further tragedies and make our roads safer for everyone.
For more details, you can read the full FAI findings here: https://www.scotcourts.gov.uk/media/qwvfczla/2024fai043-fai-alexander-irvine.pdf
This blog was written for Road Safety Week 2024. The theme is After the crash – Every road victim counts. Click here to find out more and sign up to take part.
Views expressed in blogs are those of the author and do not necessarily represent the views of Brake, the road safety charity, or its employees.
Irwin Mitchell
Irwin Mitchell Solicitors are one of the UK’s most respected and successful law firms, with an independent recognised personal injury team. We help support our clients with their claims after a road traffic collision as well as their families to help them access the best possible medical care, rehabilitation and financial support reaching an outcome that can make a real difference to their lives. Each year our personal injury lawyers also help bereaved families, who rely on us to fight fearlessly to protect their best interests and to try and gain justice for them in the most difficult of situations.
Kim Leslie
Head of Personal Injury, Irwin Mitchell Scotland
Kim Leslie has specialised in personal injury law for 25 years and leads the Complex Personal Injury team in Scotland. She is accredited by the Law Society of Scotland as a specialist in personal injury law, and is also a Fellow of the Association of Personal Injury Lawyers (APIL). Kim specialises in abuse and criminal injury claims, and has a long history of successfully working on personal injury and international claims.