I noticed an interesting roadway departure crash (RDCs) in Nashville that occurred at 5 AM last Saturday. A Metro police cruiser was traveling east on I-40 near Donelson Pike when it drifted from the road, hit a guardrail, and flipped into a ditch. The officer was hospitalized and released with stitches.

Lately, in my blog, “The Tennessee Auto Accident Attorney “ I have commented that I am seeing a lot of these RDCs all across Tennessee. The articles in the local media are thin on facts and the police investigation is not completed, but for experienced Nashville automobile accident attorneys we know that there are several types of things that cause these types of traffic events.

Driver Inattention

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. With all of the electronic devices in a modern police cruiser investigators will look into the officers activities in the moments just prior to the accident to determine whether the officer was distracted.

Drowsiness

The National Highway Traffic Safety Administration (NHTSA) estimates conservatively that each year drowsy driving “is responsible for at least 100,000 automobile crashes, 71,000 injuries, and 1,550 fatalities.” But among all the major factors that cause or contribute to crashes, like speeding, alcohol use, and weather situations, drowsiness is the most difficult for police and other crash investigators to detect and quantify.

Sleepiness and driving is a dangerous combination. Most people are aware of the dangers of drinking and driving but don’t realize that drowsy driving can be just as fatal. Like alcohol, sleepiness slows reaction time, decreases awareness, impairs judgment and increases your risk of crashing. It’s nearly impossible to determine with certainty the cause of a fatal crash where drowsy driving is suspected. However, there are a number of clues at a crash scene that tell investigators that the person fell asleep at the wheel.  Unlike alcohol-related crashes, no blood, breath, or other objective test for sleepiness behind the wheel currently exists that investigators could give to a driver at the scene of a crash. This makes police training in identifying drowsiness as a crash factor very difficult.

Medical Emergency

Incidences of drivers who had crashes precipitated by their medical emergencies while driving are relatively rare and account for only 1.3 percent of all road fatalities. Older drivers have relatively higher incidences of crashes precipitated by drivers’ medical emergencies when compared to young and middle-age drivers. Drivers in crashes precipitated by medical emergencies were more likely than other drivers to be severely injured or to die as a result of the crash.

The lesson here for Tennessee drivers is that you must keep all of your attention on the act of driving and avoid distractions. If you or a loved one is injured or killed in a Tennessee automobile accident contact the experienced Tennessee automobile accident lawyers at Phillip Miller & Associates and learn about your rights and remedies.

Drag Racing Is Aggressive Driving

In all of the north East Tennessee news media they are referring to the trial of Timothy Sumner, 23 of Kingsport, as a drag racing incident but as an experienced Tennessee automobile accident lawyer I know it as a classic example of an aggressive driving event.

The media reports tell us that Sumner who is facing a charge of felony reckless endangerment, approached a green Chevrolet Camaro driven by Michelle Ruth Donihe, 35 from behind at a high rate of speed. When he reached her bumper, he swerved into the middle lane, forcing her Camaro in the middle lane to swerve to the inside lane in an attempt to avoid a collision. When Donihe swerved, her Camaro hit a 1958 Corvette in the inside lane. There were no fatalities but damage to the vintage Corvette is estimated to be in the $20,000 range.

Aggressive driving is a traffic offense or combination of offenses such as following too closely, speeding, unsafe lane changes, failing to signal intent to change lanes, and other forms of negligent or inconsiderate driving. Unfortunately, these actions put the rest of us at risk. For example, an aggressive driver who resorts to using a roadway shoulder to pass may startle other drivers and cause them to take an evasive action that results in more risk or even a crash.

Aggressive driving is a major concern of the American public, ranking at or near the top of traffic safety issues in national surveys of motorists. In Tennessee and throughout the country, the public’s concern over aggressive driving continues to grow. 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.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by an aggressive driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out all about your rights and remedies.

As an experienced Nashville automobile accident lawyer, my first thought when I read about a Tennessee automobile accident involving a driver going the wrong way on divided highway, is that the driver was under the influence of alcohol or drugs. Now I didn’t know Michael Doe Folden of Johnson City and there is little information other than the fact that he was driving the wrong way on a divided expressway around 9:30 PM near the entrance of he Elizabethton County Club when he rammed into a car driven by Wendy Watson, her husband and her 14-year-old daughter, but I feel there’s a good chance he was DUI.

Mr. Folden died at the scene and the condition of the Watson’s is unknown at the time of this writing. As an experienced Tennessee automobile accident attorney the main thing that I would focus on would be Mr. Folden’s activities in the hours preceding the collision. An important question is whether he was drinking and where. Was he a member or guest at the Country Club? My prayers go out to the family and friends of Mr. Folden and I pray for a complete and speedy recovery for the Watson’s.

Hopefully for the Watson’s, Mr. Folden had insurance, but I would take a good look at any establishment that had served him alcohol. Dramshop refers to a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid. Dramshop laws establish liability arising out of the irresponsible sale of alcohol to obviously intoxicated persons or minors who subsequently cause death or injury to third-parties as a result of alcohol-related accidents.

If you or a loved one is injured in a Tennessee car crash caused by a drunk driver you owe it to yourself to contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights.

Stupid Drivers

Many of you who have followed my blog “The Tennessee Auto Accident Attorney” are familiar with my yearly award of “The Worst Tennessee Driver”. As of late I have observed a new category and today I have two candidates to tell you about for the title of  “The Stupidest Tennessee Driver”. I am not sure what the criteria will be for this award but I sort of know it when I see it.

Let’s start with Michael Warejko, 20, who was charged by Johnson City Police with possession of marijuana for resale. Not only was he carrying a felony amount of pot in his trunk, but he had a small bag on the front seat and he was smoking as he drove. Knowing that you are carrying and using, a reasonable pot head would drive carefully and certainly within the speed limit. Mr. Warejko must have been in a hurry to get to the jail, he roars into Johnson City well in excess of the speed limit. He’s stopped for speeding, the officer smells the pot smoke, sees a bag of pot between his legs, searches the car and finds a felony size bag of pot.

The second candidate is running neck and neck for this coveted award. An unnamed Knoxville woman ignores the emergency lights on a Knoxville police car and pulls directly into the officer’s path. In an effort to avoid hitting her the officer swerves and hits a fire hydrant and a tree. The unnamed driver stops her car and gets out to check on the officer, but when he tells her she has to remain at the scene while he makes a report, she tells him she can’t because she has a doctors appointment, and she gets in her car and drives off.

Candidate one is in jail awaiting arraignment and candidate two, once the officers dash-cam identifies her, will wish she had followed the officers order. I hate to restate the obvious but studies indicate that marijuana and other drugs affect judgment and motor function. That’s all I can say about our first candidate, I guess that’s why they call it Dope.

As regards our errant Knoxville driver, a crash is any vehicle collision involving another vehicle, person or object. Drivers must notify local law enforcement officials of any crash involving death, injury or property damage over fifty dollars ($50). If You Are Involved In a Tennessee car accident — STOP! The law requires drivers of vehicles involved in crashes to stop immediately at the scene, or as close to the scene as possible without obstructing traffic. Notify the police immediately and do not leave the scene until dismissed by a police officer. After stopping your vehicle, give your name, address, driver license number and vehicle registration number to the other driver. Ask the other driver for the same information

Remain calm and stay at the crash scene. Don’t blame other people or accept blame, and don’t discuss the crash. Wait for the law enforcement officer and answer the officer’s questions truthfully and calmly. And finally, when an officer tells you to do or not to do something, respond appropriately.

If you or a loved one is killed or injured in a Tennessee automobile accident caused by a candidate for “The Stupidest Tennessee Driver”, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Good Tennessee Samaritans Save Teens Life

As an experienced Tennessee automobile accident attorney I oftentimes see the worst in people. But on occasion, I find a story that raises my spirits and makes me proud to be a Tennessean. Reference a recent story in the Murfreesboro Post about an accident in which a teenage driver lost control of her car, left the road, and rolled over into the fast moving Stones River.

This accident should have ended in tragedy but a handful of Good Samaritans set aside their personal safety and went to the young woman’s rescue. Let me set the stage here. It’s winter, and unusually cold winter at that, and add to that a wet winter, so the Stones River is up and running. Neighbors and passers-by see the girl’s car go into the river and rush down and get into the river and attempt to free the seatbelted girl but they could not get the door open.

Several people flipped the vehicle over and held on to it to keep it from being swept downstream while other rushed off to get rope. Eventually they secured the vehicle with ropes until members of the local rescue squad arrived and were able to free her.

I’d like to give a big shout out to Celeste Middleton, Amy Sayles, David Tickle, Alex Farsian and Justin Price, risked their lives to save a fellow human being. God bless you all.

From the stand point of an experienced Tennessee automobile accident attorney what struck me, other than the story of heroic effort by these folks, were the comments of some of those who witnessed this and numerous other accidents in this same spot, that indicated that a problem had existed for a number of years and the County had failed to do anything about it.

I don’t represent anyone involved in this event but if I did, I’d explore the possibility that the County might be liable for the damages in this accident. I’m just saying, if the County government had knowledge of a dangerous roadway condition and failed to take any action that they would be liable.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a government agency who has ignored a known highway hazard, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Roadway Departure Fatality

Melissa Frederick was 33 years and fifteen minutes old when her life ended. We will probably never know just what it was that caused her to leave the interstate roadway, hit a guardrail, get ejected and then crushed by her vehicle.

As an experienced Nashville automobile accident attorney I know that the investigators will conduct toxicology tests to determine if she had ingested any drugs or alcohol, they will check her cell phone records to determine whether she was talking or texting at the time she left the road, but whatever the results, the bottom line is that a young Tennessee woman is now dead, another highway fatality statistic. My prayers and sympathy go out to her family and friends.

I write about this tragedy in the hopes that others who read it will learn something from this fatal Tennessee car crash. The use of seat belts is required by Tennessee law. Seatbelts can help save you and your passenger’s lives in the event of a traffic crash. The THP investigator noted in his report that Ms. Frederick was not wearing her seatbelt and was ejected and crushed by her own vehicle.

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 lesson here for Tennessee drivers is that you must keep all of your attention on the act of driving and avoid distractions. If you or a loved one is injured or killed in a Tennessee automobile accident contact the experienced Tennessee automobile accident lawyers at Phillip Miller & Associates and learn about your rights and remedies.

Don't Be a Statistic

As an experienced Tennessee automobile accident attorney I have to keep up on everything in the world of Tennessee traffic. I use the information I gather for a number of reasons, to help in investigations, in trial and to educate my blog readers. An interesting bit of data just crossed my desk that I thought I might share with you.

The Office of Research, Statistics and Analysis of the Tennessee Department of Public Safety just released it’s annual study titled, “Tennessee Traffic Crash Data”. The good news is that Nashville ranks 84^th out of 95 counties in fatal crashes for the year 2009. The highest rates of fatal accidents occurred in rural counties, but more about that in another blog.

The bad news in these data is that Nashville ranks number 2 out of 95 counties in personal injury accidents. The Department of Safety statistics are helpful but I wish they reflected a number of other things like, for instance, what is the monetary cost of the 5,324 personal injuries (medical and rehabilitation expenses) and the property damages. (repairs, replacements and lost time)

During the year 2009 Nashville experienced 12,833 automobile accidents, 57 fatalities, and as I mentioned above, 5,324 personal injuries. The interesting, and important point here is that these numbers are down from the previous four years. The Nashville average for the years 2005- 2009 are 73 fatalities, 6,662 personal injuries and 21, 914 accidents reported.

If you or a loved one is injured or killed in a Nashville automobile accident, or if you just need information about a possible claim, contact the experienced Nashville automobile accident attorney’s at Phillip Miller & Associates and get the answers.

They Don't Mix

When it comes to drinking and driving this experienced Nashville automobile accident attorney knows that stupid is as stupid does. First of all, for people who haven’t been paying attention, it’s stupid to get behind the wheel when you have been consuming alcohol. It’s stupid to get behind the wheel under the influence and speed. And stupider and stupider, if you hit a pedestrian and decide to try to avoid the consequences. Stop immediately and render aide to the poor pedestrian. Put your selfish interests aside and call 911. Things might get unpleasant but they could get worse.

And worse it will be for Matthew W. Winn, 22 of Bellevue. Mr. Winn got behind the wheel of his Ford pickup truck under the influence of alcohol and on his way home ran over a man crossing the street. Winn was obviously not watching the road ahead or driving the speed limit or he would have seen Mr. Hongyong Lee, 48 also of Bellevue, and not killed him. Stupid is as stupid does.

Mr. Winn left the scene and called a friend who came to the site of the crash and found Mr. Lee dead and called 911. Had Mr. Winn called first responders immediately Mr. Winn may or may not have survived, we will never know. When police arrived they asked the friend to call Mr. Winn and tell him to return. Mr. Winn did return but he was driving his mother’s car instead of the Ford pickup truck. The police administered a field sobriety test and then a blood test. He was arrested and police said that additional charges are possible as the investigation continues. Stupid is as stupid does.

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

Dead Because The other Driver Was Chatting

On February 11, I published a blog entitled “Tennessee Automobile Accident Lawyer Comments On a Centerline Crossing Tennessee Highway Fatality”, in which I asked the question, “What causes a driver to leave their lane, cross over the centerline and crash head-on into an oncoming vehicle killing the occupant?”

Now we have the answer. Police investigators determined that the distracted driver Carol Anne Starnes was using her cell phone at the time of the crash and was not paying attention. 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.

Drivers who use a cell phone, either handheld or hands-free, are four times more likely to be involved in a crash, according to a 1997 New England Journal of Medicine examination of hospital records, and a 2005 study funded by the Insurance Institute for Highway Safety linking injury crashes to cell phone records. About 30 research studies conclude that there is an increased crash risk when using a cell phone while driving. Many of these studies further conclude that using a hands-free phone while driving is just as risky as talking on a handheld phone.

Not only will Ms. Starnes be held liable for civil damages for the wrongful death of Patricia Menzel she may well face criminally negligent homicide charges as well, and for what, so she could chat with her friends?

I advise people that before putting the key in the ignition, stop for a moment and remind your self that you are getting behind the wheel of a potentially deadly weapon and that if you want to arrive at your destination alive or without killing others, use common sense and avoid distractions. If you or a loved one is injured in a Tennessee car accident caused by a distracted driver, call one of our experienced Nashville car accident attorney’s at Phillip Miller & Associates and find out about your rights and remedies.

As an experienced Nashville automobile accident lawyer I try to use this blog to keep my readers informed on those issues that affect highway safety. A number of people have written and called to talk about the Toyota recall and what they should do about their Toyota. The National Highway Traffic Safety Administration has released the latest Consumer advisory:

NHTSA’s Advice to Toyota Customers

Safety is our number one priority at the Department of Transportation. We’re going to continue to hold Toyota accountable and continue to investigate every possible cause of these safety defects, to make sure there are no other problems. We’ll make sure Toyota is doing all it has promised to make its vehicles safe.

Toyota consumers should check the list of recalled vehicles below and be sure to pay close attention to their vehicles. If you are experiencing any problems with your Toyota vehicle, park your vehicle in a safe place and immediately call your Toyota dealer or Toyota’s North American headquarters at 1-800-331-4331.

CONSUMERS SHOULD BE AWARE OF THE FOLLOWING ISSUES WITH TOYOTA VEHICLES

Gas Pedal Entrapment by Floor Mats

Drivers should immediately take out the driver-side floor mat of the following Toyota, Lexus, and Pontiac vehicles:

* 2007-2010 Camry

* 2005-2010 Avalon

* 2004-2009 Prius

* 2005-2010 Tacoma

* 2007-2010 Tundra

* 2007-2010 ES 350

* 2006-2010 IS 250 and IS350

* 2008-2010 Highlander

* 2009-2010 Corolla

* 2009-2010 Venza

* 2009-2010 Matrix

* 2009-2010 Pontiac Vibe

After removing the driver-side floor mats, consumers should wait for a letter from Toyota instructing them to go to their dealers for the remedy. More than four million vehicles have been recalled for this safety issue.

Sticky Gas Pedals

Some 2.3 million Toyota vehicles are being recalled for problems involving gas pedals that are hard to depress, slow to return to the closed position or remain partially depressed. Toyota, Lexus, and Pontiac vehicles affected by the sticky pedal recall are:

* 2007-2008 Tundra

* 2008-2010 Sequoia

* 2005-2010 Avalon

* 2007-2010 Camry

* 2009-2010 Corolla

* 2009-2010 Matrix

* 2009-2010 RAV4

* 2010 Highlander

* 2009-2010 Pontiac Vibe

If drivers are experiencing any unusual issues involving the gas pedals in the above-identified vehicles, drivers should immediately park these vehicles and notify their dealers immediately. Should a pedal become stuck in a partially depressed condition while driving, owners should put their car in neutral, bring it to a stop and call their dealer.

Brake Issues involving Prius and Camry Vehicles

Toyota is also recalling 2010 Prius Hybrids and Lexus HS 250h vehicles for braking safety issues involving momentary loss of braking power. Some 2010 Camrys prone to brake fluid leaks are also been recalled. Drivers of these vehicles experiencing any braking problems should park their cars and contact their their local Toyota dealer or Toyota’s North American headquarters at 1-800-331-4331.

Actions Consumers Can Take If They Cannot Stop Their Vehicles

Regardless of the cause, if a consumer is experiencing unintended acceleration in their vehicle, they should take the following steps:

* Brake firmly and steadily – do not pump the brake pedal.

* Shift the transmission into Neutral (for vehicles with automatic transmissions and the sport option, familiarize yourself with where Neutral is – the diagram may be misleading).

* Steer to a safe location.

* Shut the engine off (for vehicles with keyless ignition, familiarize yourself with how to turn the vehicle off when it is moving – this may be a different action than turning the vehicle off when it is stationary).

* Call your dealer or repair shop to pick up the vehicle. Do not drive it.

For more information, consumers can contact the experienced Tennessee automobile accident attorneys at Phillip Miller & Associates. If you have been in a Tennessee automobile accident caused by some malfunction in your Toyota vehicle call us right away so that we can begin the process of protecting your rights and remedies.