Fatalities on Tennessee's Rural Roads

As an experienced Nashville automobile accident attorney I’ve spoken to hundreds of highway safety professionals. Of all of the conversations I’ve had the most pointed and succinct that I can remember came the other day when I was talking to a Metro Nashville police officer who is assigned to the Joelton area, a rural area in the Northwest of Nashville.

The conversation followed an accident in which a single vehicle carrying three people driving on a rural road, went out of control and left the road and struck a tree. The driver and one passenger were killed. This is just another in what I have described in my blogs as an epidemic of roadway departure crashes in Tennessee.

As the officer described the collision, he commented, “Some of these secondary roads here in Davidson County are very unforgiving.” Unforgiving is right. If you are distracted or driving too fast it takes only a second or two and you are face to face with a tree, a whole bunch of trees or a ditch. Rural roads are hazardous, they are narrow, windy and for the most part, without a shoulder.

In 2006, there were 38,588 fatal crashes resulting in 42,642 deaths. Rural areas accounted for 55 percent of the fatal crashes and 56 percent of the fatalities. Urban areas accounted for 45 percent of the fatal crashes and 44 percent of the fatalities.

According to the 2006 Census, 23 percent of the U.S. population lived in rural areas, however, rural fatalities accounted for 56 percent of all traffic fatalities in 2006. From 1997 to 2006, rural fatalities decreased 7 percent whereas urban fatalities increased by 9 percent.

A drive through this beautiful area on a sunny day with the top down is one of life’s little pleasures but one thing you will notice is at just about every sharp turn there are crosses and other memorials to people who didn’t make that particular turn and didn’t make it home.

The lesson here is that no matter where you are, the interstate highway or the rural roads that wind through this beautiful state of ours, you have to be alert and mindful of your task. If you or a loved one is injured or killed in a Tennessee car crash, whether on a highway or a byway, contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and let us help you recover damages for your injuries and loss.

As an experienced Nashville auto accident lawyer I regularly write about distractions that result in fatalities. In many of these fatal accidents the culprit is a cell phone. Studies show that a person talking on a cell phone, whether hands on or hands free, are as impaired as a driver who is above the legal level for drunk driving.

Reference a tragic fatal accident reported in this morning’s edition of the Memphis Commercial-Appeal. A 31-year-old man survived a roadway departure crash which occurred when he left the road, hit a concrete culvert and flipped several times before landing, up side down in the middle of the highway.

After extricating himself from the wrecked vehicle he was using his cell phone to call for assistance. He was obviously distracted while talking to emergency responders and walked out into the roadway where he was struck and killed by an SUV. An autopsy will be performed to determine whether alcohol was involved in this death.

This situation brings up several important topics. The first topic for investigators to explore is what caused the initial wreck. Was he drinking? Was he speeding? Was he distracted by something and took his eyes off of the road? Since it very early morning, had he been out all night and fell asleep at the wheel?

The final results of this investigation may mean little to the family and friends of this man. My prayers go out to them. But what is the message for the rest of us? The answer is, when we are behind the wheel of a motor vehicle we have to be alert and in a fit condition and up to the task.

If you or a loved one is injured or killed in a Tennessee car crash caused by a distracted or drunk driver, act quickly and call the experienced Tennessee automobile accident attorneys at Phillip Miller & Associates

Cell Phone Distration Is Fatal

and let them work with you through the process of securing compensation for your injuries and other damages.

Pedestrian Fatality

I have often written about the need to hire an experienced Nashville automobile accident if you are the victim of what appears on first glance to be the result of a negligent driver. In order to be compensated for your lost, both for property damage and personal injury you have to show two things, that the driver of the other car was negligent and the negligence was the cause of your loss.

The job of an experienced Tennessee car crash lawyer is to prove exactly that. Some cases are easy to prove while others maybe not so easy. Reference a recent collision in which two Pikeville Kentucky pedestrians were walking along, minding their own business when they were run down and killed by an out of control tractor-trailer truck.

According to a report on the website of WYMI-TV The driver turned the truck to avoid hitting a building and hit the pedestrians instead. According to police, after an initial investigation they determined that the problem was caused by a mechanical failure in the truck itself. At first glance it might appear to a lay person that it wasn’t the driver’s fault. He did the best he could but the trucks failure made it impossible for his to prevent hitting the pedestrians.

An experienced Nashville automobile accident lawyer would look at the situation through a different pair of glasses, finding out whether there was, in fact, a mechanical failure. Was the mechanical problem known to the driver and or the trucking company and had they made reasonable attempts to repair the problem. They would determine whether the truck had been properly maintained.

There are a number of steps that an experienced Tennessee car accident lawyer like those you will find at Phillip Miller & Associates. If you or a loved one is involved in an automobile accident give us a call and take advantage of a free consultation to determine your rights and remedies.

Traumatic Brain injury

In my Blog, “The Tennessee Auto Accident Attorney” the other day, I wrote about the importance of seeing a doctor following a Tennessee automobile accident. In the blog we talked about giving the doctor a complete and clear picture of the collision and any impact that your body experienced. Today I would like to introduce you to a serious but often overlooked result of an auto crash that can and does have long-term impact on a victim.

Traumatic brain injury (TBI) is a serious public health problem in the United States.  Each year, traumatic brain injuries contribute to a substantial number of deaths and cases of permanent disability. Recent data shows that, on average, approximately 1.7 million people sustain a traumatic brain injury annually.

A TBI is caused by a bump, blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury. The majority of TBIs that occur each year are concussions or other forms of mild TBI.

Among all age groups, motor vehicle traffic accidents are the second leading cause of TBI (17.3%) and resulted in the largest percentage of TBI-related deaths (31.8%).

If you or a loved one is injured in a Nashville automobile accident it’s important that you address the problem immediately by contacting an experienced Nashville automobile accident lawyer like those at Phillip Miller & Associates. Our lawyers have decades of experience with automobile accidents and the negotiations with insurance companies. We also have handled numerous TBI cases. Call for a free consultation and learn about your rights and remedies.

A Medical Emergency?

Police investigators suggest that a medical emergency was the cause of a single car roadway departure accident that took the life of a 60-year-old Bristol Tennessee man. This suggestion is made based on the fact that as the car entered a curve it continued straight ahead and left no skid marks or other evidence. The man failed to negotiate a turn, left the road and hit an above-ground sewer and flipped over.

As an experienced Tennessee automobile accident lawyer I can tell you that the cause of accidents like these are very hard to determine. An autopsy will disclose if the cause was medical incapacitation. Another investigative area is to check out the electronic devices that were in the vehicle. Was the driver adjusting a radio, CD player or a GPS? Was the man using the cell phone or was he texting?

Whatever the cause, this is another in a growing epidemic of Tennessee roadway departure crashes. This was the second RDC on the same day in Bristol Tennessee. (See this morning’s blog for information on the other one)

If you or someone you love has been hurt in a serious Tennessee 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 a Tennessee 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 Phillip Miller & Associates, the law firm of local Tennessee personal injury 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.

Roadway Departure Fatality

Five Tennessee teenagers riding in an SUV, several of the passengers were not wearing their seatbelts and the driver was speeding. Does this sound like a recipe for disaster? A disaster it was. One teen, a female, was ejected from the vehicle and killed upon impact, three others were hospitalized.

According to an article on the website www2.tricities.com/ it appears that this was another in an epidemic of fatal roadway departure crashes that are becoming an everyday occurrence in Tennessee. Bristol Tennessee police investigators said the driver lost control on a curvy stretch of roadway, lost control and over-corrected sending the already top-heavy SUV into a tumble.

As an experienced Nashville automobile accident attorney I always pay particular attention to accidents involving teenagers, especially teenage boys. According to The Center For Disease Control and Prevention (CDC) 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 2005, twelve teens ages 16 to 19 died every day from motor vehicle injuries.

The risk of motor vehicle crashes is higher among 16- to 19-year-olds than among any other age group. In fact, per mile driven, teen drivers ages 16 to 19 are four times more likely than older drivers to crash. In 2005, the motor vehicle death rate for male drivers and passengers ages 16 to 19 was more than one and a half times that of their female counterparts.

In the United States during 2005, 4,544 teens ages 16 to 19 died of injuries caused by motor vehicle crashes. In the same year, nearly 400,000 motor vehicle occupants in this age group sustained nonfatal injuries that required treatment in an emergency department. Overall, in 2005, teenagers accounted for 10 percent of the U.S. population and 12 percent of motor vehicle crash deaths.

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.

if you or a loved one is involved in a serious injury caused by a teen driver contact the experienced Nashville auto injury lawyers at Phillip Miller & Associates.

Report Road Ragers

As an experienced Tennessee auto accident lawyer I am seeing an increase in the number of road rage incidents. Many times the general public confuse aggressive driving and road rage. There is a distinct difference. 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. The trigger for the aggressive driver is usually traffic congestion coupled with a schedule that is almost impossible to meet. As a result, the aggressive driver generally commits multiple violations in an attempt to make up time.

Road rage, on the other hand, is a criminal offense. This occurs when a traffic incident escalates into a far more serious situation. For example, a person may become so angry over an aggressive driving incident that he or she overreacts and retaliates with some type of violence. These violent acts may range from a physical confrontation to an assault with a motor vehicle or possibly a weapon.

The National Highway Traffic Safety Administration (NHTSA) defines road rage as “an assault with a motor vehicle or other dangerous weapon by the operator or passenger of one motor vehicle on the operator or passenger(s) of another motor vehicle precipitated by an incident that occurred on a roadway. Road rage requires willful disregard for the safety of others.

Reference a recent incident which takes road rage to new levels. A Nashville man had just picked up his ten year old daughter from school when a man in an SUV apparently took political offense at the man’s Obama/Biden bumper sticker. He started off with blowing the horn and shooting him the bird as he pointed to his bumper sticker.

At first the man didn’t understand what the “Rager” meant to say. He soon found out when the “Rager” began to ram his car several times. The man thought he had simply been in a fender bender and he pulled over and got out of his car. The “Rager” didn’t stop. He began to push the vehicle off of the road and up onto a sidewalk with the then hysterical 10-year-old inside. After pushing the car up onto the sidewalk the cowardly “Road Rager” sped off, leaving the scene of the collision.

Another driver followed the “Road Rager” to a parking lot some distance away and kept him secure until the police arrived and arrested the 70-year-old man who was drunk. He has been charged with a number of felony counts and is presently in the Metro jail.

I would encourage each driver who ventures out onto the highways and byways of Tennessee to arm themselves with the telephone numbers of the appropriate law enforcement agency, either 911 or *847 for State Troopers and when you witness an aggressive driver, a road rager or a drag racer, pull over to a safe place and call in the license number, description of the vehicle and any other specifics that you observed. Save a life and tell all of your friends and families to step up and help reduce traffic fatalities in Tennessee.

If you or a loved one is injured or killed in a Tennessee automobile accident by a Road Rager, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and get a complete picture of your rights and remedies.

As an experienced Tennessee auto accident lawyer I regularly write about child safety. The main topics are usually safety seats and school zone safety. Today I want to talk about another important topic under the heading of child safety, and that is unattended children left in cars.

Reference an article in the Knoxville media reporting that a mother and her 6-year-old daughter were injured when they were run over by their own car driven by her 9-year-old daughter. The mother left the 9-year-old in the vehicle while she went into the Public Library. Leaving a child alone in a car in a public parking lot is dangerous but the real danger escalated when the mother left the keys in the ignition. As the mother and the younger child exited the Library the 9-year-old had started the car put it into gear and pressed the gas pedal. The car jumped the curb striking the mother and daughter. They were taken to the hospital with non-life threatening injuries.

Nationwide, only 11 states have laws prohibiting leaving a child unattended in a vehicle. Currently 15 states have proposed legislation making it a crime to leave a child unattended in a car, van, truck, or SUV. Tennessee is one of them.

TCA 55-10-803. Offense of leaving child unattended in motor vehicle — Penalty.

(a) It is an offense for a person responsible for a child younger than seven (7) years of age to knowingly leave that child in a motor vehicle located on public property or while on the premises of any shopping center, trailer park, or any apartment house complex, or any other premises that is generally frequented by the public at large without being supervised in the motor vehicle by a person who is at least thirteen (13) years of age, if:

(1) The conditions present a risk to the child’s health or safety;

(2) The engine of the motor vehicle is running; or

(3) The keys to the motor vehicle are located anywhere inside the passenger compartment of the vehicle.

(b) A violation of this section is a Class B misdemeanor punishable only by a fine of two hundred dollars ($200) for the first offense.

(c) A second or subsequent violation of this section is a Class B misdemeanor punishable only by a fine of five hundred dollars ($500).

The legislation is in place not only to prevent accidents like this one, leaving the keys in a vehicle with your child alone inside makes them vulnerable to kidnappers. Car thieves regularly cruise, libraries, day care centers and other places where busy parents leave their vehicle unsecured, looking for an easy snatch and grab.

It is the parent’s duty to protect their children and the way to do this is to begin at an early age teaching them the danger of  vehicle, whether they are inside of the vehicle or outside.

For more helpful information for parents from an experienced Nashville automobile accident attorney check out my website at Phillip Miller & Associates, the things you learn there may save a life, it may be yours and it may be your child.

Tractor-Trailer Fatality

The van driver was trying to do a favor for the 70 –year-old Tennessee man as he drove along the Western Kentucky Turnpike the other day. The van driver noticed that the gas cap was off on the man’s vehicle. He motioned and pointed to the open cap and they both pulled off of to the right side shoulder. The van driver told the man what he observed and got out of his vehicle to secure the gas cap. As he was walking back to the side of his car a tractor-trailer truck side-swiped both vehicles killing the Tennessee man. The Truck was driven by another Tennessee man.

The deceased and his wife who was uninjured in the crash were preparing for their 50 wedding anniversary celebration. My prayers go out to the family and friends of this fellow Tennessean.

As an experienced Tennessee tractor-trailer accident attorney I can tell you that the investigators are going to be focusing their inquiry on the question, “Why did the truck driver not yield to the stopped cars?” If the truck driver was paying attention to the road ahead he surely would have observed the two vehicles on the right shoulder. Was he distracted? Was he dozing off behind the wheel? Had he consumed alcohol? Was he using some electronic device which caused him to take his eyes off of the road ahead?

All of these questions will have to be answered. For a trucking company whose vehicles travel millions of miles per year, accidents are an everyday occurrence. Trucking companies have gotten this process down to a science and in many cases have specialized accident investigators at the scene of an accident interviewing the truck driver even before he she talks to the police investigation.

What does this mean to you if you or a family member are the victim of a Tennessee tractor-trailer accident and suffer a serious or life threatening injury?  It means that tthe trucking company has a huge advantage in investigating the cause of the accident and developing a strategy for its defense to any claim that arises. During one of these situations evidence can disappear and negligent drivers can be coached on what to say to police investigators. The trucking company has the benefit of an expert that was actually at the accident scene. This may not be possible for the victim since injuries are usually severe in nature. Needless to say it is important to act quickly so that an expert can examine the evidence on your behalf.

Time is of the essence in these kinds of cases. Although most cases can be reconstructed at a later time it is important to have someone looking out for your best interests as soon as possible. That’s why it’s important to contact an experienced Tennessee tractor-trailer accident lawyer like those you will find at Phillip Miller & Associates. If you or a loved one is injured in a car tractor-trailer accident act quickly and take advantage of a no-cost no-obligation consultation and learn about your rights and put our crack team of lawyers and investigators on the case.

Tractro-Trailer Fatality

We will probably never know what caused a Tennessee tractor-trailer driver to lose control of his blue International tractor on a busy Houston highway, the dead tell no tales. According to HPD Traffic Investigators the driver failed to control his speed and rammed into the rear end of another tractor-trailer. The second truck lost control after being hit and flipped over and caught fire. The second driver was treated at the scene and released.

As an experienced Tennessee tractor-trailer accident lawyer I can tell you there is nothing more dangerous on the highways of Tennessee as a speeding tractor-trailer. Speeding reduces a driver’s ability to steer safely around curves or objects in the roadway, extends the distance necessary to stop a vehicle, and increases the distance a vehicle travels while the driver reacts to a dangerous situation.

Speeding is one of the most prevalent factors contributing to traffic crashes. The economic cost of speeding-related crashes is estimated to be in excess of 40.4 billion dollars per year. In 2007, speeding was a contributing factor in 31 percent of all fatal crashes, and 13,040 lives were lost in speeding-related crashes.

Another distinct possibility is that the driver was somehow distracted by one or more of the usual suspects, cell phones, texting, GPS, radios and in more and more cases, television and videos. 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.

If you or someone you love has been hurt in a serious Tennessee tractor-trailer 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 a Tennessee tractor-trailer 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 Phillip Miller & Associates, the law firm of local Tennessee personal injury 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.