Tennessee Trucker Dies In Crash

According to an article in the Greeneville Sun trucker driver Carl Seaton, 76, of Greene County died from injuries received in a one vehicle tractor-trailer wreck on Tennessee Highway 81. The information in the article came from the report of the State Trooper investigating the accident and claims that 2005 Freightliner, pulling an empty trailer, veered from the highway and crashed into a ditch. The initial investigative report indicated that Mr. Seaton either fell asleep or had some sort of medical emergency. The investigation is continuing.

As an experienced Nashville automobile accident attorney we know that these crashes are referred to as “Roadway Departure Crashes” (RDCs). The Federal Highway Administration defines a RDC as a non-intersection crash that occurs when a vehicle crosses an edge line or a centerline, or otherwise leaves the traveled way.

According to the Federal Highway Administration roadway departure crashes are frequently severe and account for the majority of highway fatalities. In 2008, there were 19,794 fatal roadway departure crashes resulting in 22,080 fatalities, which was 53 percent of the fatal crashes in the United States. FHWA uses the Fatal Analysis Reporting System (FARS) compiled by the National Highway Traffic Safety Administration to compute statistics on roadway departure crashes.

The FHWA’s Roadway Departure Safety Program provides important information for transportation practitioners, decision makers, and others to assist them in preventing and reducing the severity of roadway departure crashes, but no matter what steps they take this problem will never be successful if drivers refuse to observe the speed limits, avoid distractions, refuse to drive when sleepy and continue to drink and drive.

The lesson here for Nashville drivers is that you must keep all of your attention on the acting of driving and avoid distractions. You never know when another driver is going to fall asleep, have a medical emergency or get distracted and leave their lane and initiate a deadly collision.

If you or a loved one is injured in a Nashville car crash contact our experienced Nashville automobile accident lawyers at Phillip Miller & Associates and find out about your rights and remedies. If you are not sure you need a lawyer to handle your claim, at least check out our website for helpful information that will help you with this complex and confusing adventure.

The Automobile accident personal injury firm of Phillip Miller & Associates is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

Commercial Vehicle Safety

The Tennessee Department of Safety (TDOS) joins the Commercial Vehicle Safety Alliance (CVSA) and the Federal Motor Carrier Safety Administration (FMCSA) in a week-long campaign to curb unsafe driving practices that lead to commercial vehicle crashes.

The effort, dubbed “Operation Safe Driver,” is intended to improve commercial and non-commercial driver behavior through effective enforcement, education and awareness strategies. The national public awareness and enforcement campaign runs November 18-24, 2009.

Department of Safety Commissioner Dave Mitchell stated, “Outreach efforts to commercial carriers and industry groups like the “Operation Safe Driver” campaign, along with improved enforcement of traffic around commercial vehicles, have contributed to a significant drop in Tennessee fatalities involving large trucks.”

The good news is that n 2008, the number of traffic fatalities in large truck related crashes in Tennessee fell 35 percent to 97 from 149 in 2007. The number of large truck occupants killed in crashes also plummeted, falling 46 percent to 19 in 2008 from 35 in 2007.

“The THP is a dedicated partner in efforts to take enforcement action against unsafe and fatigued commercial drivers and non-commercial drivers operating in an unsafe manner around commercial vehicles,” said Colonel Mike Walker. “During the week of November 18-24, State Troopers across Tennessee will emphasize enforcement activity of commercial vehicle traffic, as well as non-commercial vehicle traffic to include aggressive driving behavior by motorists around commercial vehicles. Safety belt usage enforcement and roadside inspections will also be utilized to reduce commercial vehicle crashes and injuries.”

“Drivers of passenger vehicles need to understand how commercial motor vehicles operate and know their limitations.” said Captain Dereck Stewart who oversees THP’s Commercial Vehicle Enforcement. “Sharing the road responsibly will mean safer drivers and fewer deaths and injuries on our nation’s roadways.”

National statistics show about twelve percent of fatal crashes on highways involve trucks and buses. Research has shown that most fatal crashes stem from decisions or actions made by the driver—passenger vehicle drivers, as well as commercial operators.

The keyword here is that we should share the road. Commercial vehicles operate differently than smaller vehicle and every driver should recognize the needs and limitations of both types of vehicles.

If you or a loved one is involved in a Nashville vehiclular accident involving a commercial vehicle or an aggressive foolish car driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and learn about your rights and remedies.

Obey The Red Light

An intersection is a planned point of conflict in the roadway system. With different crossing and entering movements by both drivers and pedestrians, an intersection is one of the most complex traffic situations that motorists encounter. Dangers are compounded when we add the element of speeding motorists who disregard traffic controls.

Question: How serious is the red light running problem?

Answer:  Red light running (RLR) is a serious traffic safety problem. According to the Safety Evaluation of Red-Light Cameras (FHWA-HRT-05-048, April 2005), RLR is estimated to produce more than 100,000 crashes and approximately 1,000 deaths per year in the United States.

Question:  Why do people run red lights?

Answer: RLR is a dangerous form of aggressive driving. Based on self-reported behavioral surveys, RLR is a result of people wanting to save time. However, several factors can lead to RLR such as impatient and inattentive drivers, improperly timed traffic signals, lack of enforcement efforts and the attitude that no harm will come from running a red light.

Question: What is the Federal Highway Administration (FHWA) and the National Highway Traffic Safety Administration’s (NHTSA) position on the use of photo enforcement cameras?

Answer: FHWA and NHTSA support a comprehensive approach to intersection safety that incorporates engineering, education, and enforcement countermeasures to prevent RLR and improve intersection safety. Red light camera (RLC) systems can be a very effective countermeasure to prevent red light running (Red Light Camera Systems Operational Guidelines, FHWA-SA-05-002, January 2005).

Question: Do studies show that there are safety benefits from installation of these cameras systems? Do rear-end collisions increase when RLCs are installed – in which case, aren’t we just trading one type of crash for another?

Answer: Analysis of data in the most comprehensive study to date (Safety Evaluation of Red-Light Cameras (FHWA-HRT-05-048, April 2005)) from seven jurisdictions (Baltimore; Charlotte; El Cajon, CA; Howard County, MD; Montgomery County, MD; San Diego; San Francisco) at 132 intersections using RLCs found:

25% decrease of total right-angle crashes

16% decrease of injury right-angle crashes

15% increase of total rear-end crashes

24% increase of injury rear-end crashes

The increase in rear-end collisions is problematical, but is the direct result of drivers following too close and being willing to take a chance at running the red light. Reserachers believe that once the driving population of a city using the RLC system gets used to the reality that the car in front of them is going to be less likely to ignore the traffic signal that they will be more cautious and respond more quickly to the signal.

If you or a loved one is injured in a Nashville automobile collision at an intersection by a red light runner contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and find out about your rights and remedies.

Young Distracted Driver No Seatbelt

According to the Springfield police officer investigating a three vehicle collision on the Tom Austin Highway that left one dead and eight injured, neither alcohol nor drugs appeared to be a contributing factor. An article in the Nashville Tennessean said that Joshua Wooten, 20, of Adams was driving a Chevrolet Cobalt when he unexplainably crossed the center-line and side-swiped a Ford Expedition driven by Silas Gardner, 51, of Nashville causing it to spin off the roadway.

Mr. Wooten’s vehicle then crossed the centerline and crashed head-on into a vehicle driven by Sherry Tubbs, 41 of Springfield. Ms. Tubbs had two adults and five children in the van with her. All eight people in Ms. Tubbs’ car were taken to Vanderbilt and Vanderbilt Children’s Hospital. All but one passenger were released and Mr. Wooten was pronounced dead at the scene, he was not wearing his seatbelt.

My heart goes out to the family of Mr. Wooten for their tragic loss. I offer my deepest condolences to everyone who knew and loved this young man. Please keep them in your prayers. I also hope for a speedy recovery for Ms. Tubbs and her passengers, and thank god that no one in Mr.Gardner’s vehicle were injured in what could have been far more deadly than it was.

If I was the lawyer for either Ms. Tubbs or Mr. Gardner I’d focus my investigation on just what was going on at the time Mr. Wooten crossed into the oncoming lane. According to the National Highway Traffic Safety Administration approximately 80% of roadway crashes are caused by drivers who have been distracted just prior to the collision. The majority of distraction collisions over the past five years have been caused by cell phone use. Was Mr. Wooten using his cell phone? Was he texting? Something had to cause him to take his eyes off the road.

Young drivers, ages, 15- to 20-years old, are especially vulnerable to death and injury on our roadways, traffic crashes are the leading cause of death for teenagers in America. Mile for mile, teenagers are involved in three times as many fatal crashes as all other drivers. Teens buckle up far less frequently than adults do. Despite efforts aimed at increasing belt use among teens, observed seat belt use among teens and young adults (16 to 24 years old) stood at 76 percent in 2006, the lowest of any age group. In fact, in 2006 the majority (58%) of young people 16 to 20 years old involved in fatal motor vehicle crashes were unbuckled.

The Nashville personal injury law firm of Phillip Miller & Associates,  is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well

Fall Is Deer Season

I want to take this opportunity to once again remind you all to pay particular attention, especially in the morning and at dusk, for deer. What was once a rural problem has now become an urban and suburban one as the cities move into deer country. The Tennessee Department of Safety cautions motorists to watch out for deer, especially during the months prone to deer-related crashes, October through December.

Department of Safety Commissioner David Mitchell reminds motorists that, “November, when deer mating and deer hunting seasons start, is the worst month for deer-related crashes.” According to the Tennessee Wildlife Resources Agency, deer-related crashes are on the rise in Tennessee as urban growth encroaches into rural areas. In 2006, there were 5,884 deer-related crashes, including 289 that involved injuries and two that were fatal. That was up 19 percent from 4,942 in 2005. Since 2003, deer-related crashes in Tennessee have risen over 33 percent.

In 2006, the month of November recorded 1,334 deer-related crashes, by far the highest month for such crashes. December and October were the second and third highest months, which saw double the average number of deer-related crashes throughout the year.

A couple of suggestions:

If you see one deer there will probably be several more;

If you happen to collide with a deer, never approach it, an injured deer can prove very dangerous.

If you happen to collide with a deer, never approach it, an injured deer can prove very dangerous.

Do not try to swerve around an animal.

If you swerve you could lose control of your vehicle and hit a tree or another vehicle, both potentially much worse than hitting a deer. If you swerve, there’s also a chance that the animal will panic and run into your path. Instead, keep your lane position and sound your horn while braking in a controlled manner.

If you are involved in a collision with a deer you can be certain that they are not insured and if they survive the collision it might be difficult to identify the one responsible for the collision so you will probably have to rely on your own car insurance to take care of the damages. Before you do so I suggest that you check out my website at Phillip Miller & Associates, and get some information about the process of negotiating with an insurance adjuster.

It all started on a happy note, a wedding brought family and friends together in Jackson Tennessee to share the beginning of a new life for a young couple. It ended in tragedy and left one man dead and two seriously injured following a fight that erupted outside during the reception. According to a report in the Nashville Tennessean, citing sources from the Madison County Sheriff’s Department, Valentine Rivera, 41, was killed when he was run over and dragged by an SUV driven by Luis Beccerra, 23.

The fight started when Edgar Rodriguez, 27, and his brother Juan, 28, were beaten by Beccerra and two other men with bottles and clubs and sustained unknown injuries. After the Rodriguez brothers were beaten to the ground the victim came to their aide and was himself, knocked to the ground.  At this point Beccerra and the two other men jumped into to an SUV owned by Beccerra which backed up quickly running over the victim dragging him for some distance before stopping putting the vehicle into drive and then ran over him again.

My heart goes out to the family of  Valentine Rivera for their tragic loss. I offer my deepest condolences to everyone who knew and loved this young man. Please keep them in your prayers.

As an experienced Nashville automobile accident attorney I have warned my readers on many an occasion that when you get behind the wheel of  a  3000 pound motor vehicle you are in possession of a deadly weapon and you should act accordingly. The Tennessean article is not clear on whether the driver of the SUV had other options to get away from the scene or if he went out of his way to run over the victim.

In Tennessee under a charge of “Reckless Endangerment” or one of  a number of homicide counts, an automobile can constitute a deadly weapon within the meaning of Tennessee Code Annotated section 39-11-106(5)(b). T.C.A. §39-11-302(c) which provides that the mental state of  recklessness is established only when the Government proves that the defendant “is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.”  This provision also requires that the “risk must be of such a nature and degree that its disregard constitutes gross deviation from the standard of care that an ordinary person would exercise under all of the circumstances as viewed from the accused person’sstandpoint.”

Judge for yourselves, the driver of the SUV knew or should have known that all three of the victims were on the ground behind the vehicle and by rapidly accelerating in reverse he was putting them in danger. We will be following this case and will let you known what transpires. The bottom line here is that if you are driving a car drunk or that you allow yourself to become distracted to such an extent that you fail to pay attention to the road and other vehicles in your path and you cause a wreck that injures or kills another person that you might well find yourself facing criminal charges that could have you facing incarceration for many years. Pay attention and drive safely.

If you or a loved one is injured in a Nashville automobile accident by a reckless driver contact the Nashville accident lawyers at Phillip Miller & Associates and find out about your rights and remedies.

The personal injury law firm of Phillip Miller & Associates is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable Nashville law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation.

Reckless Driving = Jail

to not at fault persons named in this article. The free consultation offer extends to family members as well.

Roadway Departure Crash

The Times Free-Press of Chattanooga reported that a woman was killed in an early morning crash on Highway 58. She died after the car she was driving ran off the roadway, went through a yard and crashed into some trees before catching on fire.

According to the Times, Hamilton County Sheriff’s Deputies responded to the crash that occurred at approximately 2:36 a.m. and when they arrived the vehicle was on fire. Deputies and by-standers attempted to remove the driver but due to heavy smoke and flames, were not able to approach the car, according to Janice Atkinson, public information officer with the Hamilton County Sheriff’s Office. The article went on to say that alcohol may be a factor in the crash, the investigation is still on-going by the Hamilton County Sheriff’s Office Traffic Division,

As an experienced Nashville automobile accident attorney we refer to crashes such as this as “Roadway Departure Crashes” (RDC). The Federal Highway Administration defines a RDC as a non-intersection crash that occurs when a vehicle crosses an edge line or a center-line, or otherwise leaves the traveled way.

According to the Federal Highway Administration roadway departure crashes are frequently severe and account for the majority of highway fatalities. In 2008, there were 19,794 fatal roadway departure crashes resulting in 22,080 fatalities, which was 53 percent of the fatal crashes in the United States. FHWA uses the Fatal Analysis Reporting System (FARS) compiled by the National Highway Traffic Safety Administration to compute statistics on roadway departure crashes.

The FHWA’s Roadway Departure Safety Program provides important information for transportation practitioners, decision makers, and others to assist them in preventing and reducing the severity of roadway departure crashes, but no matter what steps they take this problem will never be successful if drivers refuse to observe the speed limits, avoid distractions and continue to drink and drive.

If you or a loved one is injured in a Nashville car crash contact our experienced Nashville automobile accident lawyers at Phillip Miller & Associates and find out about your rights and remedies. If you are not sure you need a lawyer to handle your claim, at least check out our website for helpful information that will help you with this complex and confusing adventure.

As an experienced Nashville automobile accident attorney I try to keep my readers and clients apprised of issues related to highway safety. As we enter the holiday season I’d like to take this opportunity to remind you that next week is Halloween and we should be especially careful next Saturday night. As parents we should exercise the same care that we employ in preparing our children’s costumes instructing our children on the dangers they will face on the streets. As we escort our children on their trick or treat visits keep them close and constantly remind them to practice safety.

The biggest threat to the children’s safety is from drunk drivers. It is Saturday night and it is a holiday.  According to the Center For Disease Control and Prevention (CDC) the Halloween period this year runs from October 29 – November 1 and the most dangerous time includes the period 4 P.M. to 10 P.M. The good news is that since the FARS system has been in place the death and injury toll since 1996 has seen a significant decrease. It is thought that the decrease is related to education through public service announcements reminding drivers and parents of the need to practice safety in combination with strict enforcement, including DUI roadblocks.

Take a few minutes to ensure children’s safety. The following are some safety tips from the CDC:

* Plan safe costumes. Make sure masks and costumes fit well so kids can see well and move around safely.

* Ensure safety on the street. Put reflective tape on treat bags and costumes. Have each child carry a flashlight so drivers can see them. Keep porches and walkways clear of candles and other obstacles.

* Use only established crosswalks.

* Keep in a group with trusted adult supervision

In my neighborhood the neighbors coordinated our  effort to insure child safety by making sure that our cars, whether parked on the street or in the driveway have their emergency flashers on to remind drivers coming through the neighborhood  to be cautious.

If you or a loved one is injured in a Nashville car pedestrian accident contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Teach Your Children Well

In 2008, 125 families buried a teenager following a crash on a Tennessee roadway. October 26 – 31 is National Teen Driver Safety Week and the Governor’s Highway Safety Office is working to save the lives of teens by asking Tennesseans to step up and talk to teens about important issues like wearing a safety belt, avoiding distracted driving and discouraging underage drinking.

“Traffic crashes are the leading cause of death for teens in America and it is up to all of us to work to reverse this trend,” said TDOT Commissioner Gerald Nicely. “TDOT and the Governor’s Highway Safety Office are out in schools talking to teens about safe driving practices and these efforts are working and saving lives, but we need parents and friends to do their part and talk with teens about safety behind the wheel.”

In 2006, 185 teens died on Tennessee roadways. In 2007, that number was reduced to 168 and dropped to 125 in 2008. Still, mile for mile, teenagers are involved in three times as many fatal crashes as all other drivers.

Several initiatives have been forged to battle these senseless losses. Between the Barrels,Thinkfast® Alcohol Awareness Interactive Game Show, the ‘Tennessee Secondary Schools Athletic Associations (TSSAA) DUI Highway Safety Education Team presentations, the Blake McMeans’ Alive to Tell the Story, the Ford Motor Company Fund’s Driving Skills for Life, and an annual Lead and Live Youth Conference are all projects conducted in Tennessee to educate teens.

TDOT’s Between the Barrels delivers a powerful message about the importance of safe driving, especially in highway work zones, to thousands of Tennessee high school students each year. Thinkfast® combats underage drinking and drug abuse through hundreds of events annually for high school and college students. TSSAA’s Stephen Bargatze uses magic to get the attention of the students and discuss highway safety issues with them, while Blake McMeans travels the state sharing his story with high school and college students about how drinking and driving changed his life forever. Ford’s Driving Skills for Life teaches newly licensed teens about vehicle handling, speed management and space management and the Lead and Live Youth Conference is held annually to focus on numerous driver safety issues.

“It is the mission of the Governor’s Highway Safety Office to keep families safe on Tennessee’s roadways,” said Director Kendell Poole, GHSO. “It’s a big job and it’s going to take the entire community – parents, teachers, neighbors, friends and teens themselves – working together to drive the message home to ensure the health and safety of all Tennessee teens.”

Teens should avoid alcohol and parents should never promote underage drinking. Underage drinking is against the law and comes with adult consequences. Teens also need to remember whether driving across town or just around the corner, wearing a seat belt is the best protection from severe injury or even death in the event of a traffic crash. It’s also the law in Tennessee. Wearing a seat belt costs nothing, but not wearing one can cost a life. Also, TDOT reminds teens and all drivers that distracted driving, like texting while driving, is a dangerous practice. Texting may be a convenient way to communicate but it can be deadly when done from behind the wheel of a vehicle. Texting while driving is also against the law in Tennessee.

The Nashville staff and attorneys at Phillip Miller & Associates urges all adults to be mentors and good examples to teens. Remember, they learn from us and that means the bad habits as well as the good.

If you or a loved one is involved in an Nashville automobile accident involving a teen driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out out about your rights and remedies.

Practice Construction Zone Safety

With the federal stimulus money coming into Tennessee aimed at improving the highway infrastructure of our state, motorists are faced with many more construction zones that require particular attention to speed, distance between vehicles and avoidance of outside distractions such as cell phone, iPods and other electronic devices.

Unfortunately many Tennessee motorists still don’t get it. Witness a report from TV station WBBJ out of Jackson Tennessee about a 50-year old Memphis woman died Thursday in a fiery crash in Henderson County when she ignored a worker flagging traffic and rammed into a TDOT truck parked on the side of the road in a construction zone. Another driver suffered minor injuries.

Once again, from the point of view of an experienced Nashville automobile accident attorney, you have to wonder what this unfortunate lady was doing that kept her from seeing the worker flagging traffic. Our prayers go out to her family and friends. She either acted intentionally or she was somehow distracted and since most automobile fatalities occur when a driver is distracted, I would focus my investigation on her cell phone or other electronic devices and her autopsy on her blood alcohol count.

It doesn’t take a rocket scientist to realize that highway and street construction workers are at risk of fatal and serious nonfatal injury when working in the vicinity of passing motorists, construction vehicles, and equipment. Each year, more than 100 workers are killed and over 20,000 are injured in the highway and street construction industry.

Historically, efforts to reduce vehicle-related worker injuries in this industry have focused on improving traffic control devices and work zone configurations to minimize confusion of motorists passing through the work zone and to limit collisions involving motorists.

The premise has been that by minimizing traffic collisions in work zones, worker injuries are minimized. But it appears that the real problem lies in the hands of the motorists who navigate these dangerous obstructions. It’s up to us, ladies and gentleman, we have to put aside the distractions and focus all of our Attention on the task at hand, and that task is piloting a deadly weapon through the normal obstacles we face everyday on the highways of Tennessee.

If you or a loved one is injured in a Nashville automobile accident involving a distracted driver in a construction zone contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies. If you have been involved in an accident and are thinking of handling the negotiations with the other drivers insurance company on your own, you owe it to yourself to at least check out our website and educate yourself before undertaking this complicated and complex process.