Archive for June 2010

Jun302010

Tennessee Motorcycle Accident Lawyer Reports On Speed Related Fatal Crash

Tennessee Motorcycle Fatality

Tennessee Motorcycle Fatality

Combine a high-powered motorcycle, alcohol and high speed and the outcome isn’t going to come under the category of pretty. A Knoxville Tennessee man was speeding along at 12:45 in the morning when he lost control of his motorcycle as he rounded a curve on the ramp connecting I-40 to I-640 in Knoxville. His body slid across the highway, slammed into a guardrail, leaving him dead at the scene.

As an experienced Tennessee motorcycle accident attorney I am concerned that while all other types of fatal crashes involving cars, trucks and pedestrians are on the decrease, motorcycle fatalities continue to rise. What lies at the cause of this phenomenon? Several things come to mind.

Manufacturers continue to make these motorcycles bigger and faster. These high-powered bikes require more skill and unfortunately anybody with the money or credit can buy one and without any specialized training, take to the highway.

As is the case here, 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.

Motorcycles made 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.

If you or a loved one is injured or killed in a Tennessee motorcycle/car accident caused by a careless motorcycle rider, contact the experienced Nashville highway accident attorneys at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

Jun302010

Nashville Auto Accident Lawyer Reports On Meth Related Head-on Collision

Drugged Driving

Drugged Driving

As an experienced Tennessee automobile accident attorney I can only guess what caused a Sweetwater Tennessee to lose control of his car, cross the centerline and hit two oncoming motor vehicles. The driver was killed and his three other passengers, one a young child, are listed in a local hospital in critical condition. When police searched his vehicle they found materials and equipment for making Methamphetimine.

Meth is a dangerous drug that creates a total maniac behind the wheel of a car. The products and equipment used in making the drug are toxic and can cause everything from unconsciousness to long-term brain damage.

The principal concern regarding drugged driving is that driving under the influence of any drug that acts on the brain could impair one’s motor skills, reaction time, and judgment. Drugged driving is a public health concern because it puts not only the driver at risk, but also passengers and others who share the road.

Despite these acknowledged concerns, drugged driving laws have lagged behind alcohol legislation, in part because of limitations in the current technology for determining drug levels, and resulting impairment. For alcohol, detection of its blood concentration (BAC) is relatively simple and concentrations greater than .08% have been shown to impair driving performance. Thus, 0.08% is the legal limit in this country. For illicit drugs, there is no agreed upon limit for which impairment has been reliably demonstrated. And determining current drug levels can be difficult, since some drugs linger in the body for a period of days or weeks after initial ingestion.

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

Jun282010

Nashville Auto Accident Attorney Reports On Tennessee Suicide Driver

Suicide Drivers

Suicide Drivers

No matter how much care and determination a Tennessee driver takes when he/she gets behind the wheel of a motor vehicle there are a number of things that we can’t prepare for.  At the top of the list are drunks and drugged drivers, followed up by drivers who continually allow themselves to be distracted by cell phones and texting devices.

Local media outlets in Clarksville Tennessee reported one one that you very seldom see but one that is deadly and uncontrollable no matter how safe of a driver you are. That driver is one who is bent on taking his own life. At that stage of his life consideration of other people is not at the top of his priority list. The man in question here drove up to a police car waiving a pistol and sped off. He ran two red lights before he shot himself in the head.  His runaway car struck two other vehicles, injuring there passengers, who are now hospitalized.

What is the lesson here? Never take anything for granted and avoid distractions. Before you use your cell phones pull over to a safe place, never text and drive. If you or a loved in is injured or killed in a Tennessee auto accident involving a police chase and you hope to recover damages for your injuries, you need an experienced Tennessee auto accident attorney like those you find at Phillip Miller & Associates.

Jun282010

Nashville Personal Injury Lawyer Reports On Teen Driving Related Car Crash

Teen Drivers

Teen Drivers

According to an article on the web site of the Johnson City Press three teen girls were seriously injured in a single vehicle accident. For some unknown reason the girl’s vehicle veered into the oncoming lane in busy traffic and missed other cars before shearing of a telephone pole and crashing into a building. Police believe the main factor in the wreck was speed and they have obtained a warrant to obtain the data from the onboard computer.

Among experienced Tennessee automobile accident attorneys, the Governor’s Highway Safety Association (GHSA), the National Highway Safety Administration (NHTSA), and the Insurance Institute for Highway Safety (IIHS), it is generally agreed 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 rate 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, and are easily distracted which contribute to the increased death rate.

As an experienced Nashville automobile accident lawyer I have seen far too many teen deaths and I strongly encourage parents to be realistic about the skills and propensities of their children. It’s a time of excitement and dread for every parent, the time when their precious little Bobby or Betty reaches the age when they can drive. Excitement because their child is growing up and the parents can relinquish to job of being the chauffeur for their busy teens and dread because the know in their heart of hearts the dangers that teen drivers face as they take to the highways and byways.

In addition to laws, safety experts agree that parents play a key role in helping teens become good drivers. Parents should not rely solely on drivers education classes to teach good driving habits and should restrict night driving, restrict the numbers of passengers riding with their teen, supervise practice driving, always require use of seat belts and choose vehicles for safety, not image. Parents can also set a good example by practicing safe driving techniques themselves.

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

Jun282010

Nashville Auto Accident Attorney Reports On Fatal Interstate Entry Accident

Interstate Entry Accident

Interstate Entry Accident

When entering an interstate highway you must keep alert. In most driving situations, you slow down or stop before you enter a busy road, but when entering an interstate, you do the opposite. You must use the merging or acceleration lane to speed up and merge with fast-moving traffic already on the interstate.

Good judgment and good timing are necessary to merge smoothly with fast-moving traffic. Upon entering the interstate on-ramp, stay to the right and increase your speed in the acceleration lane/entrance ramp. Use the ramp to reach interstate speed so you can merge smoothly into the travel lane when the way is clear. Be sure to give the proper left turn signal to indicate your need to enter the traffic lane. Drivers already on the interstate should, for their own safety, make allowance for vehicles attempting to enter. It is your responsibility to yield the right-of-way to other cars already on the interstate.

Reference an accident in Loudon County Tennessee reported on the website of WBIR TV in Chattanooga in which a car entering the interstate casued a vehicle already on the interstate to swerve to the left and go out of control killing the driver and injuring her three passengers. Although the vehicle did not touch it appears that the van entering the highway was at fault. Investigators say that the investigation is ongoing but that they expect to file charges in the death.

If you or a loved one is injured or killed in a serious Tennessee interstate collision contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates and find out about your rights and remedies.

Jun282010

Nashville Auto Accident Lawyer Reports That Deputy Sheriff Dies In Roadway Departure Crash

Distracted Driver

Distracted Driver

As an experienced Tennessee auto accident lawyer I know for certain that the law enforcement officers who take to the highways and byways of Tennessee do so at great danger to themselves, and for that I applaud them. Reference an article in the Memphis media regarding the death of a Marshall County Mississippi deputy sheriff whose car left the road and rolled several times and ended upside down in a ditch. My prayers go out to the family and friends of the deceased and to all of the people in Marshall county for their loss.

We may never know what caused this accident. There is a good chance that the deputy became distracted by something in the vehicle and turned her attention away form the task at hand.

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 Nashville drivers is that you must keep all of your attention on the acting of driving and avoid distractions. You never know when another driver is going to fall asleep, have a medical emergency or get distracted and leave their lane and initiate a deadly collision.

If you or a loved one is injured or killed in a Tennessee auto accident involving a distracted driver contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates and find out about your rights and remedies.

Jun282010

A Tennessee Traffic Stop Ends In Multiple Felony Counts

It all started with an attempted traffic stop, a stop that might have ended in a ticket or a couple of days in jail and a fine for driving on a suspended drivers license, but it ended up with the driver charged with three serious felonies and a $25,000 bond.

According to an article in the Johnson City Press the 25-year-old man was being pulled over for rolling a stop sign. We don’t know why he tried to flee, but if I had to guess, I’d say he had previous run-ins with the authorities and had his license suspended. I‘d also bet that he didn’t have proof of insurance.  The same good thinking probably convinced him that he could get away from the police. I for one am glad this guy is off the street.

Instead of traffic offense he is now charged with aggravated assault, reckless endangerment and felony evading arrest, charges that could mean a substantial number of years behind bars. My hat is off to the Police officers in Johnson City who got this man off of the streets.

Police vehicles attempting to stop drivers will do so by means of a visual, flashing blue or flashing blue and red lights, and/or an audible signal. Remember, a police officer never knows what to expect when stopping a driver. Do not let your emotions or sudden unexplained movements (or those of your passengers) raise tensions or anxiety in the situation.

A police officer may be more likely to listen to what you have to say and less likely to feel threatened by you (or your passengers) if you follow these guidelines:

• Drive as closely as is safely practical to the right-hand edge or curb of the road, clear of any intersection, stop and park.

• Limit the movements of the driver and/or passengers while stopping your vehicle.

• Drivers should keep their hands on the steering wheel and passengers should keep their hands in plain view. Drivers should advise officers if they have a handgun permit and if they are armed.

• Provide your driver license and/or vehicle registration when requested.

• Keep all vehicle doors closed and remain in the vehicle unless asked to get out.

• If the stop is made after dark, turn on the vehicle’s interior light before the officer approaches

• If enforcement action is taken against you that you disagree with, do not argue with the officer at the scene. Traffic violations and traffic crimes charged against you are decided in court.

• If you find yourself being directed to pull over and stop by someone in an UNMARKED police car, you may drive slowly a short distance to the nearest area where there are other people, such as the next business parking lot or the next exit, if on the interstate. This may be important if traveling at night and/or alone.

If you are injured or killed in a Tennessee automobile accident caused by a fleeing driver and wish to get compensation for your losses, the law in this area is very complicated and would be in your best interet to contact the Phillip Miller & Associates and find out about your rights and remedies. For more information of highway safety go to the web page of the experienced Tennessee automobile accident attorneys at Phillip Miller & Associates.

Jun282010

Tennessee Motorcycle Accident Attorney Reports On High Speed Fatality

Motorcyle Fatality

Motorcyle Fatality

It’s the same old Tennessee story. Late night, high powered, high speed motorcycle fails to negotiate a curve and the driver slams into a guard rail or some other solid object and that’s all she wrote. A 35-year-old man was riding his motorcycle at high speed, lost control and died. Not many words to describe the death of a man.

As an experienced Tennessee motorcycle accident attorney I am concerned that while all other types of fatal crashes involving cars, trucks and pedestrians are on the decrease, motorcycle fatalities continue to rise. What lies at the cause of this phenomenon? Several things come to mind.

First of all manufacturers continue to make motorcycles bigger and faster. Sometimes known as “crotch rockets” these high-powered bikes require more skill and unfortunately anybody with the money or credit can buy one and without any specialized training, take to the highway.

As is the case here, 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.

Motorcycles made 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.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a careless motorcycle rider, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

Jun282010

Nashville Personal Injury Lawyer Talks About Drugged Driving

As an experienced Tennessee auto accident attorney I can tell you that anytime police take someone under the influence of alcohol or drugs off the street it’s a good time. Local Kingsport Tennessee media sources reported on just such a situation with the arrest of a 45-year-old woman. When Police arrived at a local gas mart they found the woman laying on the front seat of her car, which was blocking the entrance in a semi-conscious state, with her legs hanging out of the window.

When she was being booked for DUI, in her defense, she told police that the only drugs they would find in her system were Xanax, Lortab and Phenergan. Not exactly a valid defense but at least she was honest. The good thing here is that Kingsport Police got her and her vehicle off the street and she didn’t kill anyone.

The principal concern regarding drugged driving is that driving under the influence of any drug that acts on the brain could impair one’s motor skills, reaction time, and judgment. Drugged driving is a public health concern because it puts not only the driver at risk, but also passengers and others who share the road.

Despite these acknowledged concerns, drugged driving laws have lagged behind alcohol legislation, in part because of limitations in the current technology for determining drug levels, and resulting impairment. For alcohol, detection of its blood concentration (BAC) is relatively simple and concentrations greater than .08% have been shown to impair driving performance. Thus, 0.08% is the legal limit in this country. For illicit drugs, there is no agreed upon limit for which impairment has been reliably demonstrated. And determining current drug levels can be difficult, since some drugs linger in the body for a period of days or weeks after initial ingestion.

Some states (Arizona, Georgia, Indiana, Illinois, Iowa, Michigan, Minnesota, Nevada, North Carolina, Ohio, Pennsylvania, Rhode Island, Utah, Virginia, and Wisconsin), have passed “per se” laws—in which it is illegal to operate a motor vehicle if there is any detectable level of a prohibited drug, or its metabolites, in the driver’s blood. Other state laws define “drugged driving” as driving when a drug “renders the driver incapable of driving safely” or “causes the driver to be impaired.”

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

Jun282010

Nashville Auto Accident Attorney Reports On A Pickup Truck Rollover Accident

Maintain A Proper Distance

Maintain A Proper Distance

An article in a local media outlet reported that a pickup truck rollover accident was caused when a vehicle slowed to turn left into a driveway and the following vehicle had to take evasive action to avoid a collision. As an experienced Nashville automobile accident lawyer I can tell you that the accident was caused by the pickup truck because he was following to close and not keeping a lookout ahead.

Drivers must know and understand the safe and proper braking procedures for vehicles. This includes the principles of allowing adequate following distances or “safety cushion” around your vehicle and the laws of required stops (signs, signals, railroad crossings, school buses, etc.).

To share the road safely, stay a safe distance from the vehicle in front of you. Nationally, safety agencies and driver education programs have tried to define a safe following distance for drivers to maintain. This has ranged from a two to four second following distance. Use the following tips to determine if you are following too closely:

A. As the car ahead of you passes a stationary point on the road (a sign post, driveway, utility pole, etc.), count the seconds it takes you to reach the same spot. (In the illustration below, you are driving the red vehicle.)

B. Count to yourself “one-thousand and one, one thousand and two,” etc. You should NOT reach the same point on the road before you finish counting to at least “one-thousand-two.” If you do, you are following too closely.

C. Slow down slightly to increase the space between you and the other vehicle. Find another spot to check your new following distance.

I also suspect the driver was somehow distracted. He might have been changing stations on his radio, using his cell phone or simply day-dreaming and not paying attention to what he was doing. Luckily no one was injured.

If you want to learn more about issues related to Tennessee highway crashes, or you are involved in a an auto accident and need guidance, contact he experienced Nashville automobile accident attorneys at Phillip Miller & Associates.