Even as an experienced Tennessee automobile accident attorney, it stills shocks me when I read an article like the one on the website of WDXE in Lawrenceburg, Tennessee this morning.

Teen Fatality

A thirteen-year-old child is dead and her 17-year old driver sister is in serious condition at Vanderbilt Medical Center.

According to the article the deceased, Mary A. Money was a passenger in a vehicle driven by her sister, 17-year-old Lydia Money, when Lydia made a left turn directly into the path of a van driven by 50-year-old Felita Hinson. It appears that the Money vehicle was stopped in a turn lane and for some as of yet undetermined reason pulled out in front of the van.

As an experienced Nashville automobile accident attorney I keep asking myself what could have been going on that distracted young Ms. Money to the point that she failed to see the oncoming vehicle.

According to the National Highway Traffic Safety Administration Driver inattention is the leading factor in most crashes. 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. The age group with the greatest proportion of distracted drivers was the under-20 age group, 16 percent of all under-20 drivers in fatal crashes were reported to have been distracted while driving.

Younger drivers, according to the Governor’s Highway Safety Association (GHSA), the National Highway Safety Administration (NHTSA), and the Insurance Institute for Highway Safety (IIHS), agree that teen drivers have the highest crash risk of any age group. Per mile, the crash rate for 16 year-old drivers is 10 times the rte for drivers between 30 and 59. The basic reasons behind this statistic are obvious. Teen drivers have no experience with the myriad issues faced by drivers with experience, furthermore they are immature and often takes risks, most often speeding, which contribute to the increased death rate.

If you or a loved one is injured or killed in a Tennessee car crash caused by a distracted driver or a teen driver contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to determine your rights and remedies.

Teen Driving Fatalities

As an experienced Nashville auto accident lawyer I regularly review literature and studies on highway safety. A recent study by the AAA Foundation for Traffic Safety takes an interesting look at teen driving fatalities. Motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group. In 2008, about 3,500 teens in the United States aged 15–19 were killed and  more than 350,000 were treated in emergency departments for injuries suffered in motor-vehicle crashes. Young people ages 15-24 represent only 14% of the U.S. population. However, they account for 30% ($19 billion) of the total costs of motor vehicle injuries among males and 28% ($7 billion) of the total costs of motor vehicle injuries among females.

The AAA study took a slightly different look at teen crash fatalities. When we consider all crashes involving 15- to 17-year old drivers we find that, on the average, nearly two individuals are killed for every teen driver killed. Government statistics typically quantify the number of teen drivers and their passengers who have died in motor vehicle crashes. This report investigates the number of people, other than the teen driver, who have died in crashes involving young drivers, such as teen drivers’ passengers, drivers and passengers of other vehicles, pedestrians, and bicyclists. As teen driver deaths have declined during recent years, though, there has been a large drop in deaths of other road users. So, although teen crashes put everyone at risk, everyone stands to benefit from safety improvements that reduce teen driver crashes.

If you or a loved one is injured in a Nashville, Tennessee automobile accident caused by a teen driver you owe it to yourself and your family to contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies.

As an experienced Nashville, Tennessee automobile accident and personal injury attorney, I often speak before groups, legal and non-legal, about all manner of topics related to automobile accident, medical malpractice, product liability and other cutting edge legal issues. It has been my experience that another forum, especially during the holidays, are the myriad parties thrown by friends and business associates. This past weekend I was visiting my house in New Orleans and attended a holiday garden party at a neighbors home. The topic of conversation got around to interstate driving and what to do if you breakdown or have an accident. As boring as it might sound for party fare, I though this might be a good topic for my Blog this afternoon.

Use Common Sense

If you need help, raise your hood and tie a white cloth to the hood or radio antenna.  If possible, it is better to stay in or near your vehicle on the side away from traffic.  Walking along the interstate is dangerous.  Keep children away from traffic. If you stay with your vehicle, a police patrol will stop to help you when they drive by, if they are not on another call. Use your cell phone to call for help.

If you are within one of the major metropolitan areas of Tennessee (Memphis, Nashville, Chattanooga or Knoxville), you may also receive assistance from one of the yellow Tennessee Department of Transportation Incident Response Units (HELPTruck).  HELP operators have the authority to “remove or cause to be removed” any vehicle that is an “obstruction or hazard to traffic”.  HELP operators are trained to deal with incident scenes.  You should follow their instructions just as you would those of other police or traffic control personnel.

If you are involved in a traffic crash on the interstate, Tennessee law allows you to move the vehicle to help prevent blocking the traffic flow. If the vehicle is still drivable and there are NO SERIOUS PERSONAL INJURIES or deaths, you may pull the vehicle(s) to the emergency lane and await the arrival of a trooper or police officer to the crash scene.  Never attempt to move a seriously injured crash victim unless directed to do so by proper emergency personnel.  Never disturb a crash scene in any manner when a fatality is involved.

Under Tennessee law, you must not leave the scene of any type of crash, but, while remaining at the scene, you should not unnecessarily block traffic.  In the event of a highway emergency, your free cellular phone call connects you directly to a Tennessee Highway Patrol Dispatcher for assistance. Dial: *-T-H-P(or *847)

If you or a loved one is injured or killed in a Tennessee  interstate highway accident contact the experienced Nashville Tennessee automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Medical Emergency or Texing?

Back on October 12, 2009, in my blog The Tennessee Auto Accident Attorney I wrote about a fatal Nashville interstate accident involving an ambulance and a TDOT road safety truck. For some unknown reason the ambulance rammed into the rear-end of the TDOT truck. In my blog I asked the question, “How does an accident like this happen?” In an accident report released yesterday we still aren’t sure, but investigators have boiled it down to one of two reasons, texting or a medical emergency.

An article on the website of WKRN TV in Nashville reports that a medical emergency may have been the cause. It appears that the deceased ambulance driver suffered from narcolepsy and epilepsy and had a history of seizures. In fact, the report says that he had a similar accident ten years ago when he suffered a seizure and swerved off the road and struck a utility pole. At the time his license to drive was suspended but it was later reinstated.

Toxicology reports showed an increased level of amphetamines in his system from his anti-narcolepsy medication but showed none of the traces of his epilepsy medication.

Telephone records also show that the driver was sending and receiving text messages at the time of the accident. As an experienced Nashville automobile accident/personal injury attorney I’m somewhat astounded by the medical findings. How in the world could a man suffering from these conditions be considered for employment as an ambulance driver in the first place? I don’t represent the victims, Ms. Sue Bly, or TDOT worker Mr. Robert Green, who recently underwent brain surgery as the result of this accident, but if I did, I would certainly be asking the employer to answer that question.

If you or a loved one is injured or killed in a Nashville, Tennessee automobile accident caused by a driver with a serious medical condition or one who was texting while driving you owe it to yourself to contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Keep Mandatory Drinking Age

It doesn’t take an experienced Nashville, Tennessee automobile accident attorney to know a good idea when I see it. Minimum 21-year-old drinking age laws prevented an estimated 4,441 drunken driving deaths in the last five years alone, according to a new report recently released by the National Highway Traffic Safety Administration. NHTSA Acting Administrator David Kelly, who presented the report at a symposium on the subject led by Mothers Against Drunk Driving (MADD) said, “Turning our back on these laws would be a deadly mistake. Minimum drinking age laws are among the most effective measures ever used to reduce drunken driving deaths among America’s young people.”

In addition to estimating lives saved due to 21-year-old minimum drinking age laws, the NHTSA study shows the number of lives saved by motorcycle helmets has risen sharply in recent years, paralleling an increase in motorcycle use. Agency estimates indicate that lives saved by helmets rose from 1,173 in 2003 to 1,784 in 2007. For the five-year period ending last year, fully 7,502 lives were spared because motorcyclists used helmets.

The new statistical report examined a series of additional safety issues, and showed that in 2007 alone: frontal air bags saved 2,788 passengers age 13 and older; child safety seats saved 358 lives of children age 4 and under; seat belts saved 15,147 and could have saved another 5,024 lives had they been worn by all vehicle occupants involved in fatal crashes.

We all are responsible for driving, walking, and biking safely on our Nation’s roads. The engineers and planners have the responsibility to make sure that roads are designed and operating properly — with safety for all road users in mind. Drivers and pedestrians have the responsibility to always be alert and obey the traffic rules. Passengers should always buckle up and act responsibly. The police and the courts have the responsibility to make sure that the traffic and pedestrian laws are enforced. Public safety agencies have the responsibility of responding to and securing crash locations and enforcing traffic laws. Local communities and county and state governments need to allocate funding for safe roads and increase public awareness about road safety. Everyone must take responsibility for roadway safety.

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.

In my Tennessee automobile accident blog on December 7, 2009, I was happy to report that fatality rates from drunk driving accidents have fallen in 40 states, which is a sign that educational, enforcement and road improvement actions are having the desired result. Several states saw declines of over 20%. The good news for us is that the efforts of the Bredesen Administration, under stewardship of Transportation Commissioner Gerald Nicely have paid of. In Tennessee the fatality rates from drunk driving accidents are down 11.3% over last year.

Today I have some more good news. The Birmingham News reports that Alabama Governor Bob Riley announced that Alabama officials are anticipating a 35 percent decrease in the number a state-trooper investigated highway deaths during the period 2006 to 2009.  This would mean a reduction in over 300 traffic deaths.

Reduced Highway Fatalities

The program began by state officials identifying areas with large numbers of fatalities and then adding stepped up enforcement, education and road improvements.

As a Nashville automobile accident attorney these are the kinds of numbers that reinforce what my colleagues and I have been saying for years. Federal, state and local governments must step up and get this epidemic of highway fatalities under control.

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.

Alcohol and Speed

As an experienced Nashville Tennessee automobile accident lawyer there are two words I hate to hear related to a Nashville  automobile accident, speed and alcohol. So you can imagine how I felt when I read that speed and alcohol are thought to be contributing factors in a three-car crash that left an 80-year-old woman with serious injuries to her lower extremities. First reported on the website Chattanoogan.com, investigators with the Hamilton County Sheriff’s Department said that Kevin Rose, 23, was driving in the north bound lane on Hixson Pike when he crossed the center line and struck a 2007 Saturn driven 80-year-old driver Shirley Hairston who then lost control of her vehicle and slammed into a vehicle driven by James Headrick. Ms. Hairston was trapped in the vehicle for some extended period of time before being traansported to a local hospital.

As an experienced Nashville car accident lawyer I want to remind you that driving with a BAC of .08 or higher is illegal in every state. If you follow my blog you will see that in Tennessee we continue to see a tragic number of people with debilitating injuries and deaths as a result of impaired driving. Drunk driving is one of America’s deadliest crimes.

In Tennessee in 2008, 327 people were killed in crashes where the driver or motorcyclist had a blood alcohol concentration (BAC) of .08 or higher. That is down from 377 people killed in 2007 with a BAC of .08 or higher. Over the 2008 Labor Day holiday, 12 people were killed in 10 fatal crashes on Tennessee roadways, down from 17 people killed on Tennessee roadways in 2007. Although I’m sure she is a greet deal of pain, Ms. Hairston is one of the lucky drivers who walks away from an alcohol related automobile collision.

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.

Stupid Drunk

As an experienced Nashville, Tennessee automobile accident attorney I can tell you that the best way to insure that your teen driver develops good driving skills and  learns to practice safe driving is for the parents to teach and practice safe driving as the child matures. Experience gained by watching your parents is a sure fire way to learn the proper skills that you will need to make it safely through your teen age years.

On the other hand, there are drivers like Oda Renee Baker, 36, of Whitesburg, who, while driving under the influence of alcohol, with her 10-year-old son as a passenger, attempted to flee a traffic stop and in doing so ran over the foot of Hawkins County Sheriff’s Deputy Sgt. Scott Alley, before racing away. Ms Baker was driving on a revoked license after having been convicted of  three previous DUI’s. What an example she is to her son.

According to an article in the Kingsport Times-News Baker fled south on Route 66 at a high rate of speed, lost control at a curve, and struck a culvert, tree and several large rocks just south of Forest Hills Road. Her son was taken to the hospital and his condition is unknown. She was charged with two counts of vehicular assault, DUI fourth offense, child endangerment, felony evading arrest and driving on a revoked license.

According to the National Highway Transportation Safety Administration about three in every ten Americans will be involved in an alcohol-related crash at some time in their lives. Over 1.46 million drivers were arrested in 2006 for driving under the influence of alcohol or narcotics. This is an arrest rate of 1 for every 139 licensed drivers in the United States. In 2008, there were nearly 61 million children age 14 and younger in the United States. This age group made up 20 percent of the total U.S. resident population in 2008. Motor vehicle crashes are the leading cause of death for ages 3 to 14. In 2008, a total of 1,347 children age 14 and younger were killed in motor vehicle driving crashes. Out of those 216 deaths, about half (99) were occupants of a vehicle with a driver who had a blood alcohol concentration (BAC) level of .08 or higher.

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.

Nashville Fatality

A Nashville wrecker driver traveling too fast for the weather conditions loses control and causes the death of an innocent woman. An article on the website of Fox 17, a Nashville TV station reports that a 59-year-old Antioch woman was killed when a wrecker truck owned by Bailey’s Wrecker Service was traveling west on Old Hickory Boulevard when it went out of control on wet pavement. According to the report, crash investigators said that the wrecker’s speed was too fast for the wet conditions and was a contributing factor in the collision and death.

Under guidelines known as the Tennessee Rules of the Road (ROR), a guide to safe driving published by the Tennessee Department of Safety, wet pavement can be as treacherous as snow and ice.  To drive under these conditions the ROR suggest that a driver:

• Slow Down. The pavement is particularly treacherous when it first begins to rain.  Dirt and oil accumulations make a greasy film on the roadway, and it takes several minutes for it to wash away.

• Avoid Hydroplaning. Alot of water standing on the road during a heavy rain causes tires to lose all contact with the road, even if driving under 50 m.p.h. If the vehicle starts to hydroplane, slow down by letting up on the gas.  Never suddenly apply the brakes.

• Improve Your Vision: (a) keep windshield wipers in good condition, (b) wait a few minutes after the rain starts so the rain/wipers can remove dust and grime, (c) use the defroster/air conditioner to keep windows/mirrors clear.  Most Important:  Use headlights on low beam so the light will be on the road where needed.

• Avoid Fog if Possible. But if you must drive, never put your headlights on high beam because the light will be reflected into your eyes.

If you are the victim of a Nashville or Tennessee automobile accident we urge you to contact our Nashville 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.

Zero Tolerance

As an experienced Nashville automobile accident attorney I approach the Christmas holiday season with mixed emotions. It’s a time for family and friends, a time of hope and joy, the ending of another year, and on the other hand it’s the high season for drunk drivers. This morning I thought I might make a list of drunk driving facts to show yoou how this problem manifests itself.

* Between 2004 and 2008 in Tennessee, impaired women drivers involved in fatal crashes increased by 4.7 percent.

* The group most likely to be involved in an alcohol related fatal crash will be men and women in the 21-24-year-old range. During the 2006 holiday season, alcohol was a factor in almost 37 percent of the fatal crashes with drivers this age. Compare that to drivers 44-54, where 20 percent of the fatal accidents involved alcohol

* While drivers 21-24 constituted 11 percent of all drivers involved in fatal crashes in 2007, they made up 18 percent of all alcohol-impaired drivers involved in fatal crashes.

* In 2008, about one-third of all fatal crashes involved alcohol-impaired drivers.

* Nationwide in 2008 there were 37,261 total highway fatalities with 11,773 of them involved alcohol-impaired drivers.

* In Tennessee there were 1035 fatalities during this same period with 327 involving alcohol-impaired drivers

December is National Drunk & Drugged Driving Prevention Month and the Tennessee Highway Patrol, with assistance from other agencies, will staff more than 100 sobriety and driver’s license checkpoints through New Year’s Day. Don’t be a statistic, if you drive, don’t drink and if you drink don’t drive. If you see a or suspect a driver of being under the influence take action and call the police, you may save a life. In an urban are dial 911 and in a rural area dial *847 for the State Troopers.

If you are the victim of a Nashville or Tennessee automobile accident we urge you to contact our Nashville 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.