A good example of how state and local governments can work together to prevent highway traffic injuries and deaths is the recent grant from the Governor’s Highway Safety Office that will pay for four mobile radar units for the Obion County Sheriff’s Department.  Of the department’s 12 cars, eight already have radar, thanks to the same grant, which the department has received the previous two years.

WBBJ TV in Jackson Tennessee reported on the grant and quoted Chief Deputy Kent Treece as saying, “As big as the county is, and as many calls as we get, traffic enforcement has never been a real big priority for the Sheriff’s Office. As the population has grown”, Treece said “traffic enforcement has been a growing concern for the department, but not because of revenue but because traffic enforcement is a simple issue of safety. The secondary roads in Obion County are somewhere in the vicinity of 700 miles, which falls under the jurisdiction of the Sheriff’s Department, and without proper tools, it makes traffic enforcement very difficult,” Treece said in the article.He also pointed out that probable cause stops based on speeding will lead into DUI, drug and other arrests, which in turn, they believe, will make the county safer.

According to the Federal Highway Administration local highway agencies often do not have the resources needed to adequately address safety problems on the roads they maintain. The FHWA Local and Rural Safety Program provides national and state  leadership in identifying, developing, and delivering safety programs and products to local governments to improve highway safety on local and rural roads.

Rural Road Safety Facts

Rural road safety is a particular concern, because the majority of highway fatalities take place on rural roads. Rural roads account for approximately 40 percent of the vehicle miles traveled in the U.S., but almost 57 percent of fatalities. According to recent data, 23,260 people were killed in rural crashes in 2007 and the fatality rate for rural crashes is more than twice the fatality rate in urban crashes.

In 2007, there were 37,248 fatal crashes resulting in 41,059 deaths. Where land use was known, rural areas accounted for 56 percent (20,347) of the fatal crashes and 57 percent (22,866) of the fatalities as compared to urban areas which accounted for 44 percent (16,251) of the fatal crashes and 43 percent (17,497) of the fatalities.

According to recent National Highway Traffic Safety Administration data, people killed in speeding-related crashes represented almost one-third (13,040) of the fatalities in motor vehicle traffic crashes.  NHTSA considers a crash to be speeding related if the driver was charged with a speed-related offense or if an officer indicated that racing, driving too fast for conditions, or exceeding the posted speed limit was a contributing factor in the crash. In rural areas, 33 percent (7,509) of the fatalities occurred in speeding-related crashes as compared to 31 percent (5,372) in urban areas. It appears that this grant will allow

Reduce Speed Related Deaths

the department to step up speed enforcement and save lives and reduce injuries in Obion County.

If you or a loved one is injured in a loved one is injured in a Nashville automobile accident involving a speeding driver, contact the experienced Nashville car crash attorneys at Phillip Miller & Associates and find out about your rights. If you have been involved in a Nashville car crash and are thinking of handling the negotiations with the other person’s insurance adjuster on your own, you owe it to yourself to at least check out our web page and our free publications before you make a serious mistake.

In my blogs I often speak of the major problem of distracted dirivers. Actually my last several blogs dealt directly with that issue. New research findings by The National Highway Traffic Safety Administration (NHTSA) show that nearly 6,000 people died in 2008 in crashes involving a distracted or inattentive driver, and more than half a million were injured. On any given day in 2008 more than 800,000 vehicles were being driven by someone using a hand-held cell phone. “Every single time someone takes their eyes or their focus off the road, even for just a few seconds, they put their lives and the lives of others in danger,” said Secretary LaHood Sept. 30 in Washington, D.C. “Distracted driving is unsafe, irresponsible and in a split second, its consequences can be devastating.”

The people whose job it is to reduce injury and death on the highways of our country are spending a great deal of time working on solutions but it seems to be getting more difficult as the driving public are opting to use the newest high-tech electronic devices marketed to “make driving more pleasurable and easier.” These devices include cell phone, many are simply tiny personal computers, GPS systems for navigation, and iPods and other MP3 devices for music, books and movies.

Many states have banned the practice of texting while driving, Tennessee is included in this National trend but more has to be done, especially as it relates to teen and younger drivers.

There are several ways to address this issue, the first being enforcement, and the new Tennessee law provides for a stiff fine if one is caught texting while driving, but the problem with enforcement is that an officer must actually observe the driver texting and that makes it difficult. A Nashville Police Officer told me that there have been very few citations given in Nashville

Distracted Driving

since the law went into effect in July of this year. As a citizen you can help with enforcement efforts. If you are driving on a state road and witness a driver texting you can call *THP (*847) and report the driver by giving a description of the car and it’s license number.

Another more effective way to address this problem is through education using public service announcements in video and audio form. An effective program to teach teens the danger of not following the caution signs in construction zones, known as ‘Between The Barrels” had teens create their own PSA projects which are taken around the state and shown to high school students. The result has been a decrease in construction zones involving teen drivers.

Unfortunately, the State of Tennessee seems to be speaking with a forked tongue on this issue. The State makes it illegal to text and drive but the Tennessee Department of Transportation uses Twitter, a social media which can be accessed by cell phone to alert drivers as to traffic problems on state highways. According to the TDOT website, “At TDOT we use twitter to provide motorist information to those who wish to receive it.  This motorist information is also available on our TDOT SmartWay website and our Tennessee 511 system. Twitter is one more tool we can use to get information to those traveling our interstates and state roads.”

To this experienced Nashville automobile accident attorney it seems to me that using the computer functions of a hand held device to access Twitter is as bad as being distracted by texting but then that’s what makes the world go around.

If you or a loved one is injured or killed in a Nashville automobile accident by a distracted driver contact the experienced Nashville accident attorney at Phillip Miller & Associates and find out about your rights and remedies. If you are tempted to deal with the other person’s insurance adjuster without consulting an attorney you owe it to yourself to at least check out our web page and educate yourself on the dangers of taking this complicated process into your own hands.

It Costs Nothing To Call

Have you or a loved one been involved in a Nashville Auto Accident? Before you talk to an insurance adjuster, sign any forms or hire an attorney; Please Give Us a Call or Order Our Free Book - we are here to help.

When you get into your car each day, you are one of over four million licensed drivers traveling the roads and highways of our great state. Unfortunately, you might be unlucky enough to be involved in one of Tennessee’s 486 car accidents that occur each day.  These accidents resulted in 1,284 deaths in 2006 alone.  However, knowing that you aren’t the only person who will be involved in an accident this year is of little comfort.  If you or someone you love has been hurt in a serious Nashville car accident due to somebody else’s negligence, then you may be feeling angry, frightened, or even alone in your suffering.

There is no reason for you to bear your burden alone.  The experience of an auto accident is traumatic enough and your recovery will bring its own challenges.  You don’t need the added stress of worrying about who will pay for the medical care you need, how your car will be repaired, and if the individuals responsible for your suffering will be brought to justice.  This is the time to call the law firm of local Tennessee attorneys and staff who for the past 25 years have dedicated their lives to protecting the rights of injured men, women, and children in Tennessee.

Serious Auto Accidents Don’t Just Happen

We hear it all the time – “accidents happen”.  However that really isn’t true.  There is always a reason for an accident, always an explanation.  In our experience there is usually a person or people behind the cause of the accident, people who should be held accountable. You don’t deserve the injuries and suffering you’ve been through because of somebody else’s negligence, and our job is to make sure that you receive the justice and compensation that you deserve.

You may not be sure whether or not you really need an attorney; however we still want to hear from you. Our policy is to meet with you for no cost and no obligation if you have been involved in an accident and believe that someone else is at fault.  Since we’re on your side, we base our fees on whether or not we can recover on your claim.  If we recover nothing, then you owe us nothing for our time and effort.  We hope the realization that you have nothing to lose by pursuing a satisfactory resolution to your case reassures you, and allows you to focus your energy on getting better while we fight for your rights.

Choosing Phillip Miller & Associates for Your Auto Accident Case

When you hire an attorney from Phillip Miller & Associates, you’re getting the whole package.  You don’t just get an extremely qualified and dedicated Nashville lawyer, you also get a loyal Tennessee resident who cares about the quality of life in their community and who puts their time and money into standing up for causes and charities they believe in.  You can read about some of the causes we support on our home page, along with a summary of our professional qualifications.  Additional details about our attorneys and staff can be found by viewing our personal profiles, where you can get to know the men and women who will be looking out for your best interest.

Please contact Phillip Miller & Associates at 615-356-2000 today and take your first step forward towards putting the frustration and horror of your auto accident experience behind you.

Yield To Emergency Vehicles

A short but important article about an automobile accident in Bradley County appeared on the news website of Chattanooga TV station News Channel 9 the other day that offers us the opportunity to discuss an important Rule of The Road. The rule, simply stated, is that when an emergency vehicle with flashing lights and siren or just a siren, other motorists must yield the right of way. It sounds simple, an intuitive concept, but far too often it’s not practiced. I reference the article mentioned above, in which a police vehicle running with lights and siren collides with another car at an intersection.

When interviewed, the Sheriff said that it was unclear which vehicle had the green light. Under Tennessee law it matters not whether the Police vehicle had the green light or not. In Tennessee the “Move Over Law” (T.C.A. 55-8-132) is a part of the “Failure to Yield to Emergency Vehicles Law“.  In a “nut shell”, the law says, “The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.”

As an experienced Nashville automobile accident attorney my first thought was what distracted the other driver, what was he doing that prevented him from seeing or hearing the emergency vehicle. Was he using his cell phone? Was he talking to a passenger? Was he using his car radio or other music device that was eight too loud or had headphones? What about a GPS device. One thing is certain, the other driver was not paying attention to the road and what was going on in his path. We have spoken so many times about the distracted drivers and their responsibility for so many collisions, injuries and deaths.

I can’t say it enough, when you get behind the wheel of a motor vehicle, remember that you are putting your life and the lives of others at risk. Pay attention and be in the now, if you do this you stand a much better chance of arriving to your destination alive and not looking to a future that includes taking responsibility for taking the life of another, jail and finacial ruin.

If you or a loved one are injured by a distracted driver contact the experienced Nashville accident lawyers at Phillip Miller & Associates and find out about your rights and remedies

If You Hit Don't Run

Yesterday was a bad day for drivers and pedestrians on Nashville Interstate highways. I blogged this morning about a collision between an ambulance and a Department of Transportation line painter truck which ended in two fatalities, and this afternoon the topic is the unnecessary killing of a pedestrian by a hit & Run driver.

According to an article on the website of Nashville News Channel5, a man who works for a local wrecker service was preparing to tow his daughters car off of I-40 at Spence Lane when a car struck and killed him. His daughter was at the scene and gave police a description of the car. He was rushed to Vanderbilt Medical Center where he was pronounced dead.

Later Police were called to Opry Mills by security guards andthey found a parked vehicle that matched the description given by the witness, and when the sleeping woman failed a field sobriety test she was arrested. Her vehicle and damage on the right front panel. The driver admitted to the Channel 5 reported that she had been drinking. The staff and Nashville accident lawyers at Phillip Miller & Associates send our prays and condolences to the family and friends of the victim.

Some Information On Hit And Run Accidents

According to the National Highway Traffic Safety Administration a hit-and-run crash is defined as a crash where a vehicle is a contact vehicle in the crash and does not stop to render aid (this includes drivers who flee the scene on foot).  The numbers indicate that a majority of the pedestrian fatalities occur in crashes where no hit-and-run was involved.  However, about 18 percent of the pedestrian fatalities in single vehicle crashes were as a result of a hit-and-run crash.  The proportion of hit-and-run crashes where a pedestrian was killed has not shown any change between 1998 and 2001. Almost two-thirds of the pedestrian fatalities occurred when the light condition was either dark or dark but lighted, the majority between the hours of 6 pm to 9 pm and the second most between the hours of 9 pm and midnight. Most pedestrian hit and run cases occur in the months of October, November and December.

Almost two-thirds of the time, male drivers were likely to be involved when a pedestrian is killed in single motor vehicle crash.  Among all age groups, the 20-29-year-old age group were the most involved when a pedestrian fatality occurred. Male drivers were about 2.5 times as likely to be involved when a pedestrian was killed than female drivers.

Who would be so selfish and callous that they would leave a human being dead or dying and just run away without offering any assistance? According to NHTSA some of them are obviously impaired by alcohol or drugs. Some are drivers who are driving without their license because the perpetrator has screwed up enough to have his license lifted in the past and they don’t want to take responsibility for their stupid actions.

If you are injured by a hit and run driver try to secure some description of the vehicle, and if able, ask a witness to contact emergency medical help and give them a description of the car. I recommend that you don’t try to chase down the H&R driver, just get an identification of the vehicle, license tag number, color and style of the car and brand if you know it and give this information to the police. For more detailed information about your legal rights as a victim of a drunk driver, click here.

If you are injured in a Nashville car accident by a hit & run driver contact the Nashville Accident Attorney’s at Phillip Miller & Associates and find out your rights and remedies.

Avoid Distractions

As an experienced Nashville automobile accident attorney I am always stunned when I read of an accident in which a vehicle rams into the rear-end of a highway maintenance truck operating with it’s emergency flashers on such as one that occurred yesterday on I-65 at Wedgewood Ave. According to the iten on the web site of WMCTV News Channel 5, an ambulance traveling with a non-emergency patient on I-65 ran into the rear-end of a TDOT truck painting lines on the highway.The ambulance driver and the patient, 78-year old patient Sue Bly died and the attending paramedic was seriously injured.

My question, and I’m sure one that is going to be asked by the attorney for the estate of Ms. Bly is, what was going on with the driver that caused him to change lanes and ram into this other vehicle. Investigators will be looking into whether the driver had some medical emergency that caused him to lose control of the ambulance, or whether he was somehow distracted by something like a cell phone or radio, or other on-board electronic device or whether he was texting at the time and had diverted his eyes form the road.

High-profile crashes and tremendous media coverage have dramatically increased the interest in distracted driving, particularly crashes involving cell phone use and texting. The Governors Highway Safety Association (GHSA) recognizes that all cell phone use and texting while driving are extremely dangerous and, therefore, strongly discourages anyone from using a cell phone for any purpose while driving. Drivers need to focus on the driving task and restore some common sense to driving.

The Tennessee Department of Transportation suggests the following guidelines when you enter a construction zone:

* Slow down! Drive within the posted speed limits, which are usually reduced in work zones. If you don’t, you’ll pay the price.

* Don’t tailgate! Most work zone accidents are caused by rear-end collisions.

* Eliminate distractions! Put down the cell phone; leave the radio dial alone. This is not the time to look for a new CD!

* Keep your ears open! Do not wear earphones while driving.

*Merge early! You can be ticketed and the cause of an accident for being a last chance merger.

* Watch for flaggers! Follow their signals, and don’t change lanes within the work zone unless instructed to do so.

* Expect the unexpected! Work zones change constantly.

* Turn your lights on before you enter the zone! Turn on your vehicle’s headlights to become more visible to workers and other motorists.

* Stay calm! Remember the work zone crew members are working to improve your future ride.

If you or a loved one is injured in a Nashville car accident by a distracted driver or by a driver acting negligently in a highway construction zone contact the experienced Nashville autobobile accident attorney’s at Phillip Miller & Associates and find out about your rights and remedies.

Motorcycle Wrecks On The Rise

As an experienced Nashville automobile accident attorney I can’t tell you the number of times I have read articles like one the other day on WRBC TV in Chattanooga, the headline of which went something like this,  “Motorcyclist Dies In Whitfield County Wreck”. The article goes on to report that a motorcyclist lost control of his/her bike and either hit another vehicle or left the road and hit something more stationary and more devastating to the rider and passenger. Usually the article will report that the motorcyclist was pronounced dead at the scene. Unfortunately this type of event is increasing in frequency and I’d like to bring you some important facts to consider.

According to the National Transportation Safety Board (NTSB) deaths from motorcycle crashes have more than doubled in the past decade from 2,116 in 1997 to 5,154 in 2007 up 6.6% from 4,837 in 2006. Add to that another 103,000 people who were injured in motorcycle crashes in 2007, up 17% from 88,000 in 2006.

The yearly number of motorcycle deaths is more than double the annual total number of people killed in all aviation, rail, marine and pipeline accidents combined, with head injuries as the leading cause of death in motorcycle crashes. In addition to the tragic loss of life, the economic cost to society is enormous. In 2005, motorcyclists without helmets were involved in 36 percent of all motorcycle crashes, but represented 70 percent of the total cost of all motorcycle crashes – $12.2 billion. Medical and other costs for un-helmeted riders involved in crashes are staggering, estimated at $310,000 per accident.  That’s more than four times the overall cost of accidents involving helmeted riders.

This increase in deaths is having a particularly large impact on the Department of Defense, which has become alarmed by hundreds of motorcycle deaths by off duty Marines including members of the Army and Navy over the last couple of years. Just the other day I blogged about a couple of soldiers from the 101^st Airborne who crashed their bikes in Humphreys County. The military is now requiring riding safety classes, screening riders for risky behavior and organizing racing events for a safe adrenaline rush these men and women are seeking.

It appears to me that the answer to this problem must lie in educating motorcycle riders as to the dangers inherent on our highways. Speed and inexperience seem to be the two common threads that run through these tragic deaths and serious injuries and we must get this problem under control. If you or a loved one is killed in a Nashville motorcycle accident contact the experienced Nashville accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Older Drivers

A recent article on WSMV TV in Nashville about an elderly driver who rammed his car into the front of a busy grocery store caught my attention and reminded me a meeting I had with a friend the other day. My friend had been having several of “The Conversations” with his mother. She is now in her 80s and experiences many of the issues related to her ability to continue driving. Their conversation focused on helping her recognize her changing abilities and deciding with her how to adapt to new ways of meeting her transportation needs. I’ve known this woman for many years, a fiercely independent Irish woman who spent her life selling real estate and in her later years playing poker.

As the population of the United States ages these conversations are taking place more often then in the past. The National Highway Traffic Safety Administration (NHTSA) has a number of helpful suggestions that might make this process somewhat easier on both sides of this conversation, including a sample script for opening the discussion and some considerations to suggest.

Some Facts On Older Drivers: (65-years old and up)

In 2007, 13 percent of the total U.S. resident population (38 million) were age 65 and older. There were 30 million older licensed drivers in 2006, an 18-percent increase from 1996. In contrast, the total number of licensed drivers increased by only 13 percent from 1996 to 2006. Older drivers made up 15 percent of all licensed drivers in 2006, compared with 14 percent in 1996. In 2007, 196,000 older individuals were injured in traffic crashes, accounting for 8 percent of all the people injured in traffic crashes during the year. These older individuals made up 14 percent of all traffic fatalities, and 19 percent of all pedestrian fatalities. Most traffic fatalities involving older drivers in 2007 occurred during the daytime (79%), occurred on weekdays (72%), and involved other vehicles 71%. Over three-fourths (77%) of all older occupants of passenger vehicles involved in fatal crashes were using restraints at the time of the crash, compared to 63 percent for other adult occupants (18 to 64 years old). For older people, 60 percent of pedestrian fatalities in 2007 occurred at non-intersection locations. For other pedestrians, 81 percent of fatalities occurred at non-intersection locations. In two-vehicle fatal crashes involving an older driver and a younger driver, the vehicle driven by the older person was nearly twice as likely to be the one that was struck (59% and 33%, respectively). In 46 percent of these crashes, both vehicles were proceeding straight at the time of the collision. In 25 percent, the older driver was turning left, 5 times more often than the younger driver. In Tennessee in 2007 there were 1,639 fatal traffic accidents, of those 185 were involved with people aged 65+, which translates to 11.3% of the fatalities.

To this Nashville automobile accident attorney these statistics show me that older drivers are more experienced and their populations is growing but that their driving abilities are affected by things such as visual, hearing and response related issues. I highly recommend that before you have “the conversation” with an older family member that you drop in at the NHTSA website and introduce your self to some of the solutions that they have prepared. My friend told me that the conversations with his Mom have been going well and they have worked out a plan to meet her needs and allow her to continue to live a busy and fulfilling life. I did ask him whether he had a plan B in the event this approach didn’t work and he laughed and told me that he had planned to stuff a potato up her tail-pipe so the car wouldn’t start.

If you or a loved one is injured in a Nashville car accident involving a older driver contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and find out about your rights and remedies.

Watch Out For The Children

As an experienced Nashville automobile accident attorney I know the importance of the men and women of the local and state police forces who are keeping the roads safe for law abiding citizens and dangerous for those who should not be walking the streets of our communities. I’d like to take this opportunity to report on a story broadcast on Chattanooga TV station WRBC entitled “Officer Keeps Promise To Injured Boy.”

Jaquez McKinze of Chattanooga was struck and seriously injured when he was struck by a car. One of the first responders to the accident, Officer Josh Wright who promised the 6-year old boy that if he got better the Officer would spend a whole day with him. The boy’s recovery has been a rough one. He suffered a broken femur, collar and pelvic bone and punctured one of his lungs in the accident. Hospitalized for two months during his recovery it hasn’t been easy. The article quoted his mother Kaynesha Steward, as saying,  ”He’s moving a lot better and learning to communicate more,” According to his mother He still isn’t able to walk and is currently waiting on a wheel chair so that he can have more mobility.

On behalf of the staff and attorney’s at Phillip Miller & Associates we send our most sincere thanks and our everlasting gratitude to Office Josh Wright of the Chattanooga PD for going above and beyond the call of duty and for presenting a fine example of the men and women of law enforcement to a small child.

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

Head On Fatality

Knoxville TV station WBIR reported on a two-car collision in Madisonville, Monroe County, yesterday. William C. Kile, 76 of Sweetwater was driving along on Highway 68 when he was hit head on by a vehicle driven by a Utah man. According to the article citing Tennessee Highway Patrol Troopers, the Mazda driven by the man from Utah crosses the center-line and crashed into the vehicle driven by Mr. Kile who was pronounced dead at the scene. Unfortunately, Mr. Kile was not wearing his seatbelt. The investigation is continuing and the Utah man faces charges of failure to exercise due care. Our condolences go out to the family and friends of Mr. Kile.

This collision happened in a rural area and according to the Federal Highway Administration, rural road safety is a particular concern, because the majority of highway fatalities take place on rural roads. Rural roads account for approximately 40 percent of the vehicle miles traveled in the U.S., but almost 57 percent of fatalities. According to recent data, 23,260 people were killed in rural crashes in 2007 and the fatality rate for rural crashes is more than twice the fatality rate in urban crashes.

This moral of this story has two important aspects, the first is that all drivers are required to exercise due care when driving a motor vehicle on the highways of Tennessee. Due care in this situation requires a driver to keep his eyes on the road and to avoid distractions as he drives. From the facts given in the article it’s clear that either the driver intended to crash into Mr. Kile’s car or that he failed to exercise due care and allowed himself to be distracted and drifted into the other lane.

According to the National Highway Traffic Safety Administration the primary responsibility of the driver is to operate a motor vehicle safely. The task of driving requires full attention and focus. Anything that distracts drivers from this task, risking harm to themselves and others, should be avoided. Distractions can be from cellphone, talking and not watching, trying to reach inot the rear seat, adjusting the radio or fooling with a GPS device.

The second item is that no matter where we are driving we should use our seatbelts. Seatbelts help prevent death and injury in a number of different ways. They prevent you from being thrown from the car, they shift crash forces to the strongest part of the body structure and they spread crash forces over a wide area of the body and last but not least they keep the person colliding with hostile surfaces inside the vehicle. (ie. Steering-wheel, windshield and dashboard.)

Rural drivers are less likely to wear their seatbelts. 56 percent of rural passenger vehicle occupants killed were unrestrained as compared to 51 percent of urban passenger vehicle occupants killed.  Over two-thirds of rural pickup truck occupants killed were unrestrained – the highest percentage of any passenger vehicle occupants killed among both rural and urban areas. The lesson here is that safety starts when you get into the car and ends when the car is parked and the motor is shut off.

If you or a loved one was injured in a Nashville car crash, by a distracted driver, contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and find out about your rights.