The Center For Disease Control and Prevention has recently released an updated fact sheet regarding Child Passenger Safety. As an experienced Tennessee automobile accident attorney I think that it is important to make this information known to my clients and blog readers. This is a lengthy report so I will cover it in two separate blogs. Today’s blog will address children ages 1 to 4 years of age.

Child Car Accident Are Preventable

Motor vehicle injuries are the leading cause of death among children in the United States. But many of these deaths can be prevented. Placing children in age- and size-appropriate car seats and booster seats reduces serious and fatal injuries by more than half.

*In the United States during 2008, 968 children ages 14 years and younger died as occupants in motor vehicle crashes, and approximately 168,000 were injured.

*Fifteen percent of occupant deaths among children ages 0 to 14 years involved a drinking driver.

*More than two-thirds of fatally injured children were killed while riding with a drinking driver.

*Restraint use among young children often depends upon the driver’s seat belt use.

*Almost 40% of children riding with unbelted drivers were themselves unrestrained.

*Child restraint systems are often used incorrectly. One study found that 72% of nearly 3,500 observed car and booster seats were misused in a way that could be expected to increase a child’s risk of injury during a crash.

How can injuries to children in motor vehicles be prevented? According to the CDC, child safety seats reduce the risk of death in passenger cars by 71% for infants, and by 54% for toddlers ages 1 to 4 years. There is strong evidence that child safety seat laws, safety seat distribution and education programs, community-wide education and enforcement campaigns, and incentive-plus-education programs are effective in increasing child safety seat use.

It’s dangerous enough out there on the highways and byways of Tennessee, as a Nashville automobile accident lawyer I see every day, the results of drivers who don’t take a minute and think about safety.

While many attorneys waste their time with jury selection asking about TV programs, bumper stickers, and employment the really smart attorneys will focus their efforts on identifying who the leaders are likely to be on the jury. It is the leaders who will drive the discussion, and while every juror’s opinions have value, the leaders’ opinions are likely to end up being more important.  A recent article in The Jury Expert describes two broad categories of jury leaders, the “instrumental leader” and the emotional leader. The instrumental leader is the juror who takes votes, helps organize discussion, and interprets facts. The emotional leader is the juror who may offer compromises and serve as a negotiator between jurors who disagree. Jury selection combines both skill and science.  As a Tennessee Accident Attorney who has selected dozens of juries – I have made  my share of bad choices, but finding out who the likely leaders are has been a priority for some time. Perhaps the easiest way to identify at least one of the leaders is to find out who on the jury panel has served previously as a juror. If they have, it is almost automatic that they will be appointed the foreperson. If not, they will often be deferred to by other jurors because of their prior experience.  Unfortunately, the juror with prior jury service may be the worse person to serve as a foreperson, and may actually make deliberations more difficult and clumsy. Still, if you are an attorney you need to know who all the leaders are or are likely to be.

When jury selection is done correctly,  justice is a more likely outcome for everyone involved.

Changing Driver Behavior

According to the results of a new poll released by Redflex Traffic Systems the largest digital red light and speed enforcement system provider in the US, the vast majority of the 600 Louisiana residents polled support the use of photo traffic enforcement to monitor speeding and red light running, and believe that technology brings positive improvement to driver behavior while reducing traffic accident and fatalities:

Key findings include:

72% believe the legislature should allow the use of traffic cameras;

70% said they support the use of videos cameras to monitor red light running and feel safer with cameras in place;

66% said they feel safer with the use of video cameras to monitor speed;

98% agreed that red light running poses and danger to drivers and passengers and 96% consider speeding to present a strong level of danger to themselves and others.

Not everyone in the many states where Redflex operates feel the same way as those in the company produced poll. Lawsuits have been filed in Louisiana and Texas alleging that the company is in violation of the state laws that require private detectives to be licensed and bonded. These lawsuits have been dismissed by the state and federal courts, and it appears that such a claim is no longer viable. The complainants object to getting a notice in the mail with strict penalties for not responding (paying or objecting) in a clearly delineated time period under threat of having your car confiscated, booted or your account turned over to a credit collection and reporting agency.

Red light camera programs have proven to decrease drastically the incidence of red light running and collisions all over the nation. In a recent study conducted by the Texas A&M University Transportation Institute, monitored intersections have shown an overall 30 percent decrease in collisions and dangerous right angle collisions were reduced by 43 percent.

Tomorrow I’ll bring you up to date on a Tennessee city, Oak Ridge, that has been using the REDFLEX program since June of this year. If you or a loved one is injured by a motorist that runs a red light or is speeding we urge you to contact our Tennessee car accident attorneys today for a free consultation. When you hire an Tennessee auto accident attorney from Phillip Miller & Associates, you’re getting a qualified and dedicated lawyer.

As an experienced Tennessee automobile accident attorney I have noticed over the years that seat belt use in pickup trucks is lower than any other type of passenger vehicle on the road. According the Tennessee Department of Safety, in 2006, during the daytime hours, 40% of pickup truck fatalities were restrained compared with 60% of fatalities in passenger cars. This situation worsens at night when just 24% of pickup truck fatalities were restrained compared with 42% of passenger car occupants. In 2008, observed seat belt use in pickup trucks was 74%, well below the 83% national seat belt use rate. Seat belt use in pickup trucks is significantly lower in rural area and secondary law states. In addition, pickup trucks experienced twice as many fatal crashes in rural areas, compared with urban areas, and they were twice as likely as passenger cars to roll over in a crash.

Starting in 2006 and continuing through the present time the National Highway Traffic Safety Administration NHTSA funded a high visibility National program, in which The State of Tennessee took part, called Click It of Ticket. The program is made up of several important aspects, the first sought to increase seat belt use in pickup trucks by making occupants aware of the dangers of riding unbuckled and of ongoing seat belt enforcement efforts. Key components of the program are paid media (public service announcements) and earned media, warning drivers to use their seatbelts or face stiff enforcement.

The second part of the program focused on enforcement, outreach, evaluation, and coordination. State, county and local police agencies followed the media/public service campaign with intense enforcement efforts to drive the message home.

The Tennessee Highway Patrol reported to the Legislature this year that in FY 03-04, police reported that 5.3% of vehicle occupants involved in traffic crashes were not restrained. This percentage decreased each year to 3.6% in FY 06-07 where it remained for FY 07- 08. When comparing FY 03-04 to FY 07-08, the numbers indicate a reduction in the percentage of unrestrained motorists for all injury categories.

As a Tennessee automobile accident attorney I highly recommend that you use your seat belts whenever you are in a motor vehicle. If you or a loved one is injured in a automobile accident in Tennessee contact our

Click It or Ticket

and learn about your rights and remedies

Road Rage-Don't Play The Game

In my last two blogs I have addressed the issue of road rage, what road rage is, and how we as a community can take action to reduce the incidents of road rage. Today I would like to share some ideas about how, as an individual, you can avoid getting into a road rage situation. As an experienced Tennessee automobile accident attorney I don’t pretend to be a behavioral psychologist, but I did talk to a couple of friends who are and this is a compilation of suggestions they had that may keep you from being injured or killed.

First of all, try to avoid becoming the road rager. When you get behind the wheel of a motor vehicle remind yourself of such and disassociate yourself with your life problems that have no bearing on the journey you are about to undertake. If someone cuts you off or commits another act of bad driving, let it go. Don’t retaliate and try to get even, you never know what’s going on with the other driver, whether s/he is armed, crazy, having a really bad day or just looking to act badly. You should never assume that, what appears to you is an aggressive act, was intended as such.

If you feel threatened by another motorist you must defuse the situation or take yourself out of it as quickly as you can. If you’re being hassled by another driver;

* Try not to react. Avoid making eye contact, as this is often seen as confrontational.

* Don’t be tempted to accelerate, brake, or swerve suddenly; again, this may be seen as confrontational and increases your chances of losing control of your vehicle.

* If a driver continues to hassle you or you think you are being followed, call 911 and ask for assistance and drive on to the nearest police station or busy place.

*When stopped in traffic, leave enough space to pull out from behind the car you are following.

*If someone tries to get into your car, attract attention by sounding your horn or a personal alarm.

*Do not be tempted to start a fight and do not be tempted to brandish any sort of weapon. It may only provoke a potential assailant and could end up in his or her hands.

If you are the victim of a Nashville or Tennessee automobile road rage accident we urge you to contact our car accident attorneys today for a free consultation. When you hire an auto accident attorney from Phillip Miller & Associates, you’re getting a qualified and dedicated lawyer.

Report Dangerous Drivers

Yesterday I blogged about the differences between aggressive driving and what has become known in the popular media as “Road Rage” and how they manifest themselves in our daily lives as we travel the highways and byways of Tennessee. Throughout the country, the public’s concern over aggressive driving continues to grow. When the driving public hears about a road rage incident like one recently reported out of Bradley County, Tennessee, it’s hard not to be somewhat fearful. A North Carolina man and his wife are charged with two counts of attempted first degree murder after he fired his pistol at another car as they drove along the Interstate highway.

Some studies indicate the public is actually more fearful of aggressive drivers than it is of impaired drivers. Aggressive driving is truly dangerous and cannot be tolerated. Several states are considering legislation to deal specifically with the aggressive driving issue. In Tennessee aggressive driving is addressed in the Statutes as Reckless Driving. TN Code section 55-10-205) 55-10-205, describes reckless driving as; “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving.”

In addition to legislation, states, including Tennessee, are addressing aggressive driving in other ways, including:

*Increased enforcement, through programs which coordinate local and state agencies.

*Local citizens’ initiatives and coalitions that implement public information/education campaigns to improve driver courtesy.

*Technological advances, such as photo radar.

*State public information and education programs that focus on the dangers of aggressive driving, provide tips for safe driving, publicize upcoming enforcement programs or advertise tip lines for reporting aggressive driving behavior.

The public also plays a role in making roadways safer. A an experienced Tennessee automobile accident lawyer I strongly urge the public to report aggressive driving incidents to the appropriate law enforcement authorities. In Tennessee, motorists can easily report aggressive drivers, impaired drivers, or other unsafe highway incidents over their cellular telephone by dialing *847. If this is the case in your community, remind motorists that they should use their cellular phone safely and let a passenger make the call, use hands-free operation, or pull off the road when making the call. They should not be distracted from the task of driving.

If you are the victim of a Nashville or Tennessee automobile accident we urge you to contact our Tennessee car accident attorneys today for a free consultation. When you hire an auto accident attorney from Phillip Miller & Associates, you’re getting a qualified and dedicated lawyer. Details about our attorneys and staff can be found by viewing our website at www.seriousinjury.com where you can get to know the men and women who will be looking out for your best interest.

Don't Play With Road Rage

Since reading an article about a “road rage” incident involving a Smart Car, one of the many tiny new economy cars we are seeing on the roads today, and an SUV I have begun to formulate a series of blog ideas on this increasingly visible problem that threatens the safety of drivers all over the country. By the way, as strange as it sounds, the giant SUV and its driver got the worst of the rage event.

As an experienced Tennessee Automobile accident attorney I think it fair to say that road rage is a term that can refer to any act of a aggression by a vehicle driver toward another. A better definition of road rage might best refer to extreme acts of aggression, such as physical assault, that follows a direct disagreement between drivers. I read somewhere that there are between 1000 and 1500 road rage deaths per year in the United States. Aggressive driving is a traffic offense, road rage is a criminal act.

Aggressive tailgating seems to be the most common form of road rage, followed by flashing headlights, obscene gestures, deliberately obstructing other vehicles, verbal abuse and finally physical assault, either with the vehicle or direct hand-to-hand fighting.

If you’re a victim of road rage or any other form of aggressive driving, report it by dialing *THP (*847). Never retaliate or react in a manner that causes more danger. Slow down and let the other driver pass. When it’s safe to use your cell phone, call *THP and provide them with your location, a description of the vehicle and details regarding the aggressive driving behavior.

If you are the victim of a Nashville or Tennessee automobile accident we urge you to contact our car accident attorneys today for a free consultation.

Keep Your Eyes On The Road

As an experienced Tennessee automobile accident attorney when I read an article in the newspaper or a report on television about a one-car accident I find myself more interested in what is not said, what is not known, then what is said. Two recent stories caught my eye, the first about a young East Tennessee woman whose car struck a tree, left the road and ended up upside down underwater in a pond on a college campus. The second one was about a 28-year-old driver who ran into the pole and shattered it at the base. Both drivers died at the scene.

What is not known, and, what will probably never be known, especially by the parents of these young people, is what could have been the cause of these accidents that took the lives of their children. Why does a young woman driving along a city street suddenly leave the road, hit a tree and end up upside down in a pond? Police investigators will try to determine what happened but most likely they will only come up with an educated guess. The same thing with the young man who splintered the telephone pole, their parents will spend the rest of their lives trying to come to grips with these tragic loses.

Something distracted both of these children, some everyday action that caused them both to become distracted and take their eyes off the road. Driver inattention is the leading factor in most crashes and near-crashes, according to a landmark research report released today by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI). Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event. Primary causes of driver inattention are distracting activities, such as cell phone use, and drowsiness.

If you are the victim of a Nashville or Tennessee automobile accident we urge you to contact our car accident attorneys today for a free consultation. When you hire an auto accident attorney from Phillip Miller & Associates, you’re getting a qualified and dedicated lawyer. Details about our attorneys and staff can be found by viewing our website at www.seriousinjury.com

where you can get to know the men and women who will be looking out for your best interest.

To Text Or Not To Text

In July Tennessee’s new prohibition against texting while driving took affect. The law was a response to the rising rate of fatal accidents taking place because drivers are distracted by typing out and reading text messages. Tennessee is not alone among the states, at least several dozen states and the District of Columbia have banned texting while driving and several other have banned it for drivers under 18 years of age.

The Associated Press reported today, and the report was carried by numerous outlets, that at least 22 states that ban texting while driving offer some type of service that allows motorists to get information about traffic tie-ups, road conditions or emergencies via Twitter. It is a mixed signal that some safety experts and politicians say could be dangerous.

The AP report quoted Minnesota State Rep. Frank Hornstein, who helped write his state’s no-texting-while-driving law. “You shouldn’t be fiddling around with any kind of electronic gadget in your car while driving,”

According to the Governors Highway Safety Association, nineteen states and the District of Columbia have banned all texting while driving, and eight others prohibit texting by younger drivers only. Many of these laws essentially bar people from fooling with their smart phones in any way behind the wheel; in some cases, just reading from a mobile device is against the law.

Some supporters of text-messaging bans say that states that provide traffic information via Twitter are undermining these laws. The article goes on by saying “I would guess that the states wouldn’t intend to be sending a mixed message, but it sounds like it could be a mixed message,” said Judie Stone, president of the Washington-based Advocates for Highway and Auto Safety.

Numerous state transportation officials across the country say they are not encouraging people to get online behind the wheel. They say drivers should read their tweets before hitting the road. Other places offering traffic information via Twitter include: California, Colorado, Delaware, the District of Columbia, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New York, North Carolina, Oregon, Tennessee, Texas, Utah and Virginia.

I’ve blogged numerous times about this issue. During the debate this year in the Tennessee Legislature prior to the texting ban it was clear that the dangers of texting and driving are well documented. The Virginia Tech Transportation Institute found in July that when truck drivers texted, their risk of a collision was 23 times greater. Dialing a cell phone and using or reaching for an electronic device raised the risk of collision about six times in cars and trucks. Research shows that driving while using a cell phone can pose a serious cognitive distraction and degrade driver performance.  The National Highway Traffic Safety Administration (NHTSA) estimates that driver distraction from all sources contributes to 25 percent of all police-reported traffic crashes.

So what’s the message? On one hand they tell you not to text and drive and on the other they tell you to Twitter the TDOT and find out about road conditions. To paraphrase Tonto, the Lone Ranger’s trusty sidekick, “Kimosabe, state agencies speak with a forked tongue.”

If you or a loved one are injured in a Tennessee automobile crash caused by a driver who is texting contact one of our experienced

Tennessee automobile accident attorney’s and find out about your rights and remedies,

If you have been paying attention to anything over the last several years you know that Americans are just too fat. There has been an endless stream of articles, TV specials and fad diets gurus telling us that we need to pay attention to our weight and overall health. All of this press followed stern warnings from the National Institutes of Health, the Centers for Disease Control and Prevention and the American Heart Association.

The next time you’re out to a Titans game, the mall or just taking a walk at lunchtime downtown, look around you and you will find no room to argue against the proposition that individual weight problems have become a national crisis. Fully two-thirds of U.S. adults are officially overweight, and about half of those have graduated to full-blown obesity. The rates for African Americans and Latinos are even higher. Among kids between 6 and 19 years old, 15%, or 1 in 6, are overweight, and another 15% are headed that way. Even our pets are pudgy: 25% of dogs and cats are heavier than they should be.

So you ask, why does this information interest a Tennessee automobile accident attorney? Well, I’m glad you asked. In a recent article in the Medical News,  Vanderbilt University psychologist David Schlundt and his colleagues at MeHarry Medical College found that “Obese people are less likely to use their seatbelts than the rest of the population, adding to the public health risks associated with this rapidly growing problem.”

“We found that when weight goes up, seatbelt use goes down,” Schlundt, associate professor of psychology and assistant professor of medicine, said. “This is an additional public health problem associated with obesity that was not on the radar screen. We hope these new findings will help promote awareness campaigns to encourage people to use their seatbelts and that additional resources, like seatbelt extenders, will be made more readily available.”

“We know obesity increases the risk of cardiovascular disease, diabetes and some cancers,” Schlundt said. “We now know that increased risk of injury or death due to a car accident can be added to the list of risk associated with obesity.”

Schundt argues that, “Efforts should be made to raise public awareness about seatbelt extender availability, and manufacturers not offering seatbelt extenders should be encouraged, or required, to make them available,” they wrote. “Engineering solutions such as seatbelts with wider, more cushioned bands and greater adjustability may also be helpful by making seatbelts more comfortable for overweight and obese persons.”

As an experienced Nashville accident attorney I have long known that seatbelt usage reduces automobile crash-related deaths and injuries by at least 50 percent, and I regularly blog about the importance of wearing them and requiring your passengers to do the same.

Seat Belts Save Lives

.