Archive for July 2010

Jul312010

Nashville Auto Accident Lawyer Reports On Distracted Driver Who Crashed After Reaching For Her Cell Phone

As an experienced Tennessee  accident attorney I can tell you that it takes less than 2 seconds of taking your eyes and mind off of your driving before you can lose control of whatever vehicle you are driving and crash.

Reference a recent Kingsport Tennessee crash the cause of which was the driver reaching for her cell phone. It only took a second of distraction and she hit an embankment, a sign post, ran through two fences and hit a tree. Fortunately, she wasn’t injured. She was driving on a license suspended because of a DUI.

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.

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

Distractions Can Kill

Distractions Can Kill

and staff who for the past 25 years have dedicated their lives to protecting the rights of injured men, women, and children in Tennessee.

Jul312010

Nashville Auto Accident Lawyer Warns Accident Victims Against Dealing With Insurance Adjusters Without Help

The Auto Accident Victim Who Represents Himself Has A Fool For A Client

The Auto Accident Victim Who Represents Himself Has A Fool For A Client

Have you or a loved one been involved in an Auto Accident? Before You Make a GIANT Mistake and Talk to An Insurance Adjuster, Sign any Forms or Hire an Attorney; Please Give Us a Call or Order Our Free Book. At Phillip Miller & Associates, we are here to help.

When you get into your car each day, you are one of over four million licensed drivers traveling the roads and highways of our great state. Unfortunately, you might be unlucky enough to be involved in one of Tennessee’s 486 car accidents that occur each day.  These accidents resulted in 1,284 deaths in 2006 alone.  However, knowing that you aren’t the only person who will be involved in an accident this year is of little comfort.  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 an 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 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.

We hear it all the time – “accidents happen”.  However that really isn’t true.  There is always a reason for an accident, always an explanation.  In our experience as Tennessee auto accident lawyers, there is usually a person or people behind the cause of the accident, people who should be held accountable.  You don’t deserve the injuries and suffering you’ve been through because of somebody else’s negligence, and our job is to make sure that you receive the justice and compensation that you deserve.

You may not be sure whether or not you really need an attorney; however we still want to hear from you.  Our policy is to meet with you for no cost and no obligation if you have been involved in an accident and believe that someone else is at fault.  Since we’re on your side, we base our fees on whether or not we can recover on your claim.  If we recover nothing, then you owe us nothing for our time and effort.  We hope the realization that you have nothing to lose by pursuing a satisfactory resolution to your case reassures you, and allows you to focus your energy on getting better while we fight for your rights.

When you retain an attorney from Phillip Miller & Associates, you’re getting the whole package.  You don’t just get an extremely qualified and dedicated lawyer, you also get a loyal Tennessee resident who cares about the quality of life in their community and who puts their time and money into standing up for causes and charities they believe in.  You can read about some of the causes we support on our home page, along with a summary of our professional qualifications.  Additional details about our attorneys and staff can be found by viewing our personal profiles, where you can get to know the men and women who will be looking out for your best interest.

Contact Phillip Miller & Associates today and take your first step forward towards putting the frustration and horror of your auto accident experience behind you.

Jul312010

Nashville Automobile Accident Attorney Warns Tennessee Drivers To Watch Out For Insurance Fraud Schemes

If It Sounds To Good To Be True It Probably Is

If It Sounds To Good To Be True It Probably Is

As an experienced Tennessee automobile accident attorney I would like to take this opportunity to warn you about something that sounds like it might be so easy on your part and doesn’t really hurt anyone but the insurance company, and that warning is about filing false claims with your insurance company.

It starts so innocently. You’re driving in busy traffic and another motorist taps you from behind. You pull over and talk to the other driver, and he, or often it’s a woman, is very apologetic and begins a dialogue with you that ends with the offer of easy money. They will direct you to a doctor or medical clinic where these accomplices create a serious injury out of whole clothe. All you have to do is file a claim with your insurance policies uninsured motorist policy and whatever you collect you share with the members of this criminal organization.

After you have become an accomplice they will help you get in deeper by working several other scams and on each of them you make good money. Sounds simple and easy and it’s not the kind of activity that the cops care much about. WRONG!

The insurance companies are watching and they are nailing people and sending them to prison for violations of the Racketeering Influenced Corrupt Organization (RICO) statute that is used to defeat the mob. The sentences are harsh and the fines are huge.

Just this week in Tampa Florida a taskforce lead by agents from Direct General Automobile Insurance Company with cooperation from Hillsborough County Sheriff’s Office, arrested and charged four members of a gang that filed false claims and several associates who were involved in staged automobile accidents. Direct General and  many other companies are taking a “zero tolerance” policy toward staged accidents and auto insurance fraud, and is working closely with law enforcement agencies to battle this fraud wave.

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.

Jul302010

Tennessee Tractor-Trailer Leaves The Road And Plunges 1000 Ft. Into a Gourge

A tragic tractor-trailer fatality occurred yesterday morning near Caryville Tennessee when the trucker was unable to bring his truck to a stop as he encountered traffic stopped for another accident. The tractor-trailer clipped a pickup truck, ran through a guardrail and plunged 1000 feet over a cliff. The driver was ejected even though he had on his seat belt.

In Tennessee a driver must always be on the defensive, always thinking about what other drivers might do and be prepared to respond with proper reactions. Drivers must know and understand safe and proper braking procedures for the vehicles they drive. This includes the principles of adequate following distances.

Tennessee law states: “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.” When another driver makes a mistake, you need time to react. Give yourself this time by keeping a “space cushion” around your vehicle. This space cushion will give you room to brake and avoid hazards when needed.

Good drivers keep this safe following distance or space cushion to have a better view of the road. The more space you allow between your car and the car ahead, the more time you will have to see and react to traffic hazards or crashes down the road.

I have only read the media reports of this accident but under most circumstances a trucker should be able to see far enough ahead to see the problems ahead, unless he was distracted by something. Cell phones and texting are the number one offenders when it comes to distracted driving. Investigators will most probably find phone records that will indicate that he was on the phone when he should have been keeping a lookout ahead.

If you or a loved one is injured or killed in a Tennessee automobile tractor-trailer accident accident caused by a negligent Trucker, contact the experienced Nashville tractor-trailer accident attorneys at the Nashville law firm of Phillip Miller & Associates and take advantage of a free consultation to learn about your rights and remedies.

Jul302010

Nashville Automobile Accident Attorney Studies A Distracted Driver Roadway Departure Crash

Distracted Driver

Distracted Driver

A curvy road and a speeding driver can make a dangerous situation, as it did for a Nashville woman Tuesday night around 7 PM in Antioch. News reports of the accident are sketchy, as is the usual case in these kinds of accidents, but I would bet there was another factor at play here. The other factor I’m referring to is driver distraction. Something was taking this woman’s attention away from the task at hand. She was hospitalized in Critical condition. My prayers go out to this young lady, prayers for a speedy recovery.

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. Investigators will most probably review her cell phone records and find that she was engaged in a conversation with someone.

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 are involved in a Tennessee automobile accident caused by a distracted driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Jul302010

Nashville Automobile Accident Lawyer Advise Drivers to Keep Their Vehicles in Good Running Order

Before you get behind the wheel of a Tennessee motor vehicle it is always good to take just a minute and make an inventory of the condition of your car. Are fluids leaking from underneath? Are your tires properly inflated and have good tread? Do your tires show any obvious wear patterns that might indicate a misalignment issue? When you last drove the vehicle did you notice whether the vehicle pulled left or right when you used the brake indicating that it was time to have the brakes checked?

Maintain Your Vehicle

Maintain Your Vehicle

I’m amazed at the number of people that don’t think to look for these telltale signs that can mean life or death on the roads. In Nashville, of the last several days, there were two separate fatal accidents in which a tire came off of the vehicle. In my years of experience handling automobile accidents I have learned that when a tire comes of the car there is usually some serious injuries involved.

In a Tuesday accident on I-24 witnesses told police that a car skidded off of the road after it threw a tire. The car then hit a guardrail and ejected the passengers, neither the passenger or driver was wearing a seatbelt. That same night at another location on I-24 a woman was killed and a man, the driver, was hospitalized when his speeding van made an abrupt lane change, clipped a guardrail, threw a tire, hit a cement post and then a tree before rolling several times. Neither passenger in the van was wearing a seatbelt.

The lesson here for all Tennessee drivers is to pay particular attention to the condition of their vehicle before they get in and once in, take a few seconds and buckle up. If you or a loved on is injured or killed in a Nashville automobile accident caused by a negligent driver who hasn’t maintained their vehicle in good driving shape contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and take advantage of a free consultation.

Jul282010

Nashville Automobile Accident Attorney Discusses Interlock Systems to Deter DUI Offenders

Stop Repeat DUI Offenders

Stop Repeat DUI Offenders

An intereting report by the Insurance Institute for Highway Safety shows that DWI offenders pick interlocks systems over house arrest. Alcohol ignition interlocks are a proven tactic to reduce repeat offenses for driving while intoxicated (DWI), but given a choice most offenders don’t voluntarily put them in their vehicles. Even when installation is mandatory, some offenders may sidestep the requirement by agreeing not to drive at all or claiming not to have a vehicle.

When the alternative is house arrest, though, convicted DWI offenders pick interlocks 7 out of 10 times. This is the main finding of a Pacific Institute for Research and Evaluation study of one New Mexico counties experience with interlocks. The study looks at Santa Fe, where four judges agreed to a 2-year pilot to sentence all DWI offenders, including first-timers, to home confinement via electronic monitoring as an alternative to interlocks if they claimed to have no car or no intention to drive. The aim was to boost DWI offenders’ use of interlocks.

At the time, the state required interlocks for all convicted multiple DWI offenders and first aggravated offenders (BACs of 0.16 percent or higher). Interlocks prevent alcohol-impaired drivers from starting their vehicles. Drivers blow into a breath-testing unit and must register a blood alcohol reading below a preset level, which is usually well under the legal blood alcohol concentration (BAC) threshold of 0.08 percent, in order to start the vehicle. If the reading exceeds the level, the engine won’t turn over.

Researchers compared Santa Fe’s installation rates between June 1, 2003, and May 31, 2005, with all other New Mexico counties. During this period, 70 percent of drivers convicted of DWI in Santa Fe installed interlocks, compared with 17 percent in other counties. The finding is in line with a 2002 study of a similar program in Hancock County, Indiana. The judges stopped using the house-arrest option in 2006 after a state court rejected this sanction. Santa Fe’s interlock installation rate fell 19 percentage points in the 2 years following the program’s termination. But installations rose in most other counties during the 2006-07 period after New Mexico began to require interlocks for all convicted DWI offenders, not just those committing an aggravated offense.

New Mexico’s results show that “motivating interlock installation by providing a less desirable alternative to the interlock can substantially increase the number of DWI offenders who install interlocks,” the authors note. Interlocks successfully reduce the risk that repeat offenders will commit further violations, a 1999 Institute study found. Interlock restrictions reduced the risk of committing an alcohol-related traffic violation within the first year following conviction by nearly 65 percent.

In May 2010, Tennessee Governor Phil Bredesen signed into law a tougher interlock law that requires the use of ignition interlock devices if the offender has a blood alcohol concentration (BAC) of 0.15 percent or higher; is accompanied by a person under 18 years of age; or violates the present implied consent laws. The legislation also provides that those convicted of drunk driving with a BAC under 0.15 have the option to install an ignition interlock device instead of being geographically restricted by a court.

If you or a loved one is injured or killed in a Tennessee auto accident caused by a drunk driver contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates and take advantage of a free consultation to find out all you need to know about obtaining a full and complete financial receovery.

Jul282010

Nashville Motorcycle Accident Attorney Reports on a New Study Showing a Decline in Motorcycle Accident Fatalities

I’d like to share some interesting data from the Governors Highway Safety Association. As an experienced Nashville motorcycle accident attorney this is good news.  Motorcyclist traffic fatalities in the United States fell in 2009, based on preliminary data supplied by all 50 states and the District of Columbia. This is the first year since 1997 that motorcyclist fatalities decreased.

Motorcyclist fatalities dropped by 16% during the first nine months of 2009 across the 39 states that reported monthly data. Most states have quite complete traffic fatality counts for this period. While fatality data for the final months of 2009 are less complete, the decrease for the full year nationwide is expected to be at least 10%. If there is a 10% decrease, then motorcyclist fatalities dropped from 5,290 in 2008 to no more than 4,762 in 2009.

For the full year, about three-quarters of the states are expected to have fewer motorcycle fatalities than in 2008. States suggested several reasons for their motorcyclist fatality decreases: less motorcycle travel due to the economy, fewer beginning motorcyclists, increased attention to motorcycle safety programs in the states, and poor cycling weather in some states.

If you or a loved one is injured or killed in a Tennessee motorcycle accident by the negligence of another driver contact the experienced Nashville motorcycle accident attorneys at Phillip Miller & Associates and take advantage of a free consultation.

Jul272010

Nashville Auto Accident Lawyer Reports On An Intersection Crash Between A Pickup And A Motorcycle

Tennessee Intersection Collision

Tennessee Intersection Collision

WRBC TV in Chattanooga Tennessee reports on a tragic but very preventable automobile motorcycle accident just across the Tennessee line in Georgia. The victims, an adult driver and a 7-year-old passenger who was hospitalized and is expected to recover. The pickup was stopped at an intersection and for some unknown reason, he was probably distracted, pulled out into the path of the oncoming motorcycle. The distracted pickup driver was driving without a license.

More crashes happen at intersections than at any other place. Intersections constitute a very small part of rural and urban street/highway systems, yet they are implicated in 31.9 percent of all motor vehicle crashes and 15.5 percent of all fatal crashes (2004 NHTSA data). Be very careful when approaching any intersection or driveway. Never assume another driver will yield the right-of-way to you. Always be prepared to stop.

Approaching intersections safely. To do the Tennessee Rules of the Road suggest that you employ a concept called “Traffic Checks”, which is the process of looking frequently and carefully for vehicle traffic approaching from each direction. “Traffic Checks” is especially important when merging or changing lanes AND when approaching and crossing intersections. Below are five things to remember to navigate an intersection safely:

Preventing injuries and deaths at intersections should be a high priority for towns and cities. The National Highway Traffic Safety Administration (NHTSA) reports that in 2005 alone, nearly 9,200 people died and approximately one million people were injured in intersection-related crashes which account for approximately 40-45 percent of all crashes.

If you or a loved one is injured or killed in a Tennessee intersection collision contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.

Jul272010

Tennessee Roadway Departure Crash Ends With Passenger Burned To Death

Man Meets Firey Death

Man Meets Firey Death

I don’t have enough facts to report what it was that caused a Dunlap Tennessee man to veer off of the road hit a group of large trees and catch on fire trapping his passenger inside the vehicle, resulting in his death. It is beyond question that something distracted him from the task at hand. Whatever it was during the seconds before he left the road, this man, who escaped from the burning vehicle unharmed,  will have plenty of time to think about it.

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.

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.

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

http://www.newschannel9.com/news/car-993256-county-trapped.html