Distracted Driver

Alcohol was not a factor in a late night Tennessee traffic accident in Bartlett Tennessee during which a 1999 Malibu crossed over into the oncoming lane, struck another vehicle that hit a guardrail killing a 12-year-old passenger. As an experienced Tennessee automobile accident attorney I see this as just another in what has become an epidemic of roadway departure crashes on Tennessee highways.

The Malibu driver and his infant child were injured but were injured but not critically. The driver of the other car and an 8-year-old passenger were not injured. What makes a driver swerve into oncoming traffic?

There are several possible causes, the first being drowsy driving. 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.

Another possibility is that the driver was distracted to the point that he took his eyes off of the road. 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.

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.

If you or a loved one is injured or killed in a Tennessee auto accident caused by a distracted or drowsy driver, take advantage of a free consultation with the experienced Nashville car crash lawyers at Phillip Miller & Associates to learn about your rights and remedies.

Decline In Fatal Traffic Accidents

Although there is never good news about a fatal automobile, tractor-trailer, motorcycle or pedestrian highway fatality, but, as an experienced Tennessee automobile accident lawyer I can tell you that when we hear news like what follows, there is cause for hope. The U.S. Department of Transportation today announced that the number of overall traffic fatalities reported at the end of 2009 reached the lowest level since 1954, declining for the 15th consecutive quarter. According to early projections, the fatality rate, which takes into account the number of miles traveled, reached the lowest level ever recorded.

“This is exciting news, but there are still far too many people dying in traffic accidents,” said U.S. Transportation Secretary Ray LaHood. “Drivers need to keep their hands on the steering wheel and their focus on the road in order to stay safe.”

The projected fatality data for 2009 places the highway death count at 33,963, a drop of 8.9 percent as compared to the 37,261 deaths reported in 2008. The fatality rate for 2009 declined to the lowest on record, to 1.16 fatalities per 100 million Vehicle Miles Traveled (VMT) down from 1.25 fatalities per 100 million VMT in 2008.

“This continuing decline in highway deaths is encouraging, but our work is far from over,” said National Highway Traffic Safety Administrator David Strickland. “We want to see those numbers drop further. We will not stop as long as there are still lives lost on our nation’s highways. We must continue our efforts to ensure seat belts are always used and stay focused on reducing distracted and impaired driving.”

The National Highway Traffic Safety Administration attributes the decline in 2009 to a combination of factors that include, high visibility campaigns like Click It or Ticket to increase seat belt use, and Drunk Driving. Over the Limit. Under Arrest which helps with the enforcement of state laws to prevent drunk driving and distracted driving. In addition, the decline is also the result of safer roads, safer vehicles and motorists driving less.

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 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.

Unlicensed Drivers Get Them Off The Street

As an experienced Tennessee personal injury accident lawyer I can tell you straight up that unlicensed drivers are the scourge of the highways of Tennessee. If you live in Tennessee and want to drive a motor vehicle, you must have a valid Tennessee driver license. If you move to Tennessee from another state and have a valid drivers license from another state or country you must apply for a Tennessee drivers license.

So why is it that one fatal crash in five (20%) involves a driver who is unlicensed or whose license is suspended, canceled, or revoked. States differ dramatically in their incidence of crashes involving unlicensed and invalidly licensed drivers, from 6.1% in Maine to 23.4% in New Mexico. Unlicensed drivers are almost five times more likely to be in a fatal crash than are validly licensed drivers.  Nationally two-thirds of drivers continue to drive while under suspension.

Why do these people drive without licenses and what can we do to deter them from continuing this dangerous behavior. The obvious answer is that these are drivers who have at one time had licenses and because of prior traffic violations, had that license suspended or revoked. In just about every case of an unlicensed driver you are going to find an uninsured driver. Insurance companies pay particular attention to selling coverage to someone on a revoked or suspended license. These types of drivers are also more than likely to run from an accident with another motor vehicle or a pedestrian.

What can we do with people who continue to ignore the law and driver a motor vehicle? There are any number of things we can do. We can put them in jail. In Tennessee any one in this category who has been charged and convicted of driving without a license on two or more occasions can be charged as an Habitual Traffic offender. In some cases the car they were driving can be confiscated and sold and there are new technological devices that are reaching the market as we speak that will make it virtually impossible for a driver to get behind the wheel. Unfortunately these electronic device laws are caught up in the slow moving politics of the Tennessee legislature.

This is a very tricky area of the law for those motorists who are involved in a Nashville automobile accident with people like these. As I mentioned, for the most part they do not have insurance and are unable to personally pay for any damage they might cause, but there are avenues to explore but they required an experienced Tennessee accident lawyer. If you or a loved one is injured or killed in a Nashville automobile accident with one of these people you really need to check in with one of the experienced Nashville automobile accident lawyers at Phillip Miller & Associates to find out about your rights and remedies.

Blind Driver Kills Pedestrian

Back in August 2009 in my blog “The Tennessee Auto Accident Attorney” I reported on an incident in Johnson City Tennessee in which a driver who was legally blind and receiving Social Security Disability for his blindness, was driving a pickup truck when he ran down and killed a pedestrian. As strange as it sounds, it’s true.

Yesterday, the 59-year-old man plead guilty to vehicular homicide  by recklessness and three counts of reckless endangerment. As the result of his plea he was sentenced to seven years in prison on the vehicular homicide and three years each for the reckless endangerment. He’s already served 25 months in jail and with credit for time spent he will served fifteen years on probation.

The facts showed that even after he killed the pedestrian he was stopped driving three more times, once when he drove himself to the police station to give a statement about the pedestrian fatality. This guy obviously doesn’t get it. I read several media reports about the sentencing and did not find in any of them a procription by the sentencing judge on this man driving in the future.

So why is it that one fatal crash in five (20%) involves a driver who is unlicensed or whose license is suspended, canceled, or revoked? Unlicensed drivers are almost five times more likely to be in a fatal crash than are validly licensed drivers.  Nationally two-thirds of drivers continue to drive while under suspension. I assume that if this guy is caught driving again his probation will be revoked and he will be sent back to jail for the remainder of his sentence. I just hope no one else has to die before he gets the picture.

On average, a pedestrian is killed in a traffic crash every 113 minutes and injured in a traffic crash every 8 minutes. There were 70,000 pedestrians injured in traffic crashes in 2007. Most pedestrian fatalities in 2007 occurred in urban areas (73%), at non-intersection locations (77%), in normal weather conditions (90%), and at night (67%).  More than two-thirds (70%) of the pedestrians killed in 2007 were males. In 2007, the male pedestrian fatality rate per 100,000 population was 2.19  more than double the rate for females (0.91 per 100,000 population). In 2007, the male pedestrian injury rate per 100,000 population was 26, compared with 20 for females.

If you or a loved one is injured or killed by an unlicensed driver getting compensation might prove difficult without the help of aan experienced Tennessee automobile accident lawyer like those you will find at Phillip Miller & Associates. Come in for a free consultation so that you can make an informed decision on what action you will need to take to secure your remedy.

Two Teens Die

It was a very short article with few facts but the tragic deaths of two Tennessee teenagers resonated loudly in my office as I read the facts stated therein. A number of local Nashville media outlets reported that two teenagers were riding along a street in Portland Tennessee, driving at the posted speed limit when an automobile pulled out in front of them. The motorcycle slammed into the car and they died immediately. The driver of the car was life-flighted to Vanderbilt hospital. My prayers go out to the friends and families of all three of the people involved in this accident.

As an experienced Tennessee motorcycle accident attorney I know that motorcycles make up nearly 3 percent of all registered vehicles in the United States in 2006 and accounted for only 0.4 percent of all vehicle miles traveled. Per vehicle mile traveled in 2006, motorcyclists were about 35 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 8 times more likely to be injured.

In 2007, 2,641 (50%) of all motorcycles involved in fatal crashes collided with another type of motor vehicle in transport. In two-vehicle crashes, 78 percent of the motorcycles involved were struck in the front. Only 5 percent were struck in the rear. Motorcycles are more likely to be involved in a fatal collision with a fixed object than are other vehicles. In 2007, 25 percent of the motorcycles involved in fatal crashes collided with fixed objects, compared to 18 percent for passenger cars, 13 percent for light trucks, and 3 percent for large trucks.

If you or a loved one is injured in a car accident contact our experienced Nashville motorcycle accident attorneys at Phillip Miller & Associates and learn about your rights and remedies. Do this before you deal with the other persons insurance company so that you are prepared and on an equal footing

Teen Driver Killed

The roadway departure crash (RDC) epidemic is not limited to Tennessee. Reference an article in the Rocky Mount Telegram in Rocky Mount North Carolina that reports on a fatal RDC involving an 18-year-old man who was traveling at a high rate of speed and attempted to pass another vehicle illegally. He crossed the center-line, clipped an oncoming truck and left the road. According to police the car was damaged to such a degree that they could not determine whether the driver had been wearing his seatbelt. The truck driver sustained minor injuries and was released from the hospital.

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.

Although speeding and illegal passing were the main factors that lead to this fatality there is another important issue to discuss, and that’s the fact that this driver was a teenager. 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.

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 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.

Use Cell Phone Camera To Caprture Evidence

As an experienced Nashville auto accident attorney I represent people injured in car accidents all over the state of Tennessee and the surrounding states. I have been doing this type of practice for over two decades. Although many types of new technology can be the cause of auto accidents, such as texting and talking on the cell phone, watching a DVD, fooling with a GPS, there is a time when this new technology has an important place and that is in the aftermath of an accident.

Most cell phones are equipped with cameras, audio and video recording capabilities. If  you are able, and not severely injured, you should use the phone to photograph the scene and record any statements made by the other party to the crash. Having photographic evidence of the immediate aftermath of a car accident greatly reduces the chances that the event will later be misconstrued or twisted around by the lawyer for the insurance company.

Take photographs of the other vehicles license plate and VIN number.  Look for the VIN number on the drivers side of the windshield. When you exchange drivers license and automobile insurance information photograph each document. Skid marks are absolutely essential to recreating the accident, exercise due care when taking skid mark photos so that you are not struck by passing vehicles. If pieces of either vehicle have been knocked off, make sure you get photos of them in relation to the vehicle. Doing so will help an accident re-creationist explain to a jury how the accident happened.

Take photographs of the people involved in the accidents and any injuries that they may have sustained. Take photographs of the people involved in the accidents and any injuries that they may have sustained. Use the video option to get any statements made by the other people involved in the crash. The more photographic evidence that you can obtain the better off you will be when it comes time to press your claim.

If you or a loved one is injured or killed in a Tennessee automobile accident time is of the essence. Take your photographic evidence as soon as possible to an experienced Tennessee auto accident lawyer like the those you will find at Phillip Miller & Associates. We can have a highly skilled accident investigator in action within hours of the crash. Check out our web site at www.seriousinjury.com and call us for a free consultation.

A recent fatal Tennessee automobile tractor-trailer accident on Vietnam Veterans Parkway brought to mind some advice that I would like to share for the families of those who are injured or killed in Tennessee by a negligent tractor-trailer driver. 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 kind 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 Tennessee 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.

Auto Accident Injury

If you have been injured in a Tennessee auto accident and are seeing a Medical Doctor or a Chiropractor as the result of that injury, it’s important that you follow the doctor’s instruction to the letter. If you intend to press a claim against the negligent driver that caused your injury you must be able to prove that you were injured as the result of that persons negligence and that you have sustained a compensable injury. You need your doctor’s records to prove this claim. Failure to follow his/her advice can cause complications.

As an experienced Tennessee auto accident lawyer one of the things I have learned is that the full extent of your injuries from an accident may not be obvious immediately after the event. At first glance some people feel that they have not received a serious injury, but in a few days, weeks or months they discover that their condition has worsened and may require a significant amount of medical treatment.

My advice is that if you are involved in a Tennessee automobile accident you should see a doctor fairly soon afterward and have a full evaluation. When you first meet with your doctor it’s a good practice to have prepared a written description of the accident, including photos, so that he/she will have them for the file and to aid in evaluating you. This documentation is important because it creates a clear record of your injuries and treatment, which is essential in a legal claim.

If, at any time following your initial vist, your condition changes or worsens, notify your lawyer and your doctor of these changes as soon as possible and follow their instructions.

Processing a claim for personal injury following an automobile accident through the judicial system has become more and more difficult for a lay person and it is increasingly important that you have a good doctor and an experienced Tennessee automobile accident attorney like you will find at Phillip Miller & Associates. If you are in an accident, give us a call and come in for a free consultation to find out about your rights and remedies.

Tennessee Dram Shop Act

In some Tennessee automobile accidents an experienced Tennessee automobile accident attorney will be able to identify entities other than a drunken driver who may be liable for damages because of their actions leading up to the collision. A good example is exemplified by a lawsuit filed the other day in Hamilton County Circuit Court. I read about the suit in the Chattanooga Times-Free Press and a friend sent me a copy of the Complaint.

The complaint names a local bar, The Chattanooga Billiard Club which had a policy of providing free alcohol to employees in violation of a local ordinance which prohibits bar employees from drinking at their place of employment. (on or off the clock). Another ordinance prohibits the sale of alcohol to anyone between the hours of 3 AM to 8 AM.

According the suit an employee of the Defendant bar a 25-year-old man finished his shift at 3 AM and took advantage of the free booze policy drinking until sometime around 7 AM when he left the bar highly intoxicated and drove away. Within minutes of leaving the bar he ran a red light and hit and killed a female pedestrian. He left the scene, leaving the woman to die alone in the street.

He went home and called 911 to report his car stolen in an attempt to avoid responsibility for his actions. He was charged with vehicular homicide and DUI. Also sued was the driver’s stepfather who owned the vehicle that was the weapon used to cause the death of this unfortunate woman. My prayers go out to the family and friends of the victim who suffered this terrible loss. I also include the young man and his family, may he find peace and come to terms with his actions and the consequences thereof.

The Tennessee Dram Shop law establishes liability arising out of the irresponsible sale or provision of alcohol to obviously intoxicated persons or minors who subsequently cause death or injury to third parties as a result of alcohol-related car crashes and other accidents. I will keep up with this case and report later on the outcome.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a drunk driver and you hope to recover all of the damages the law allows you need to consult with an experienced Tennessee automobile accident attorney like those at Phillip Miller & Associates. We offer a free consultation so that you can gain the information you will need to face this odyssey through the legal system.