Motorcycle + Speed Kills

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.

Reference a motorcycle fatality that occurred in Gallatin the other day. The motorcyclist was traveling at a high rate of speed and slammed into a school bus. What is there to say? A human body slamming against a large yellow, clearly marked school bus isn’t going to win the match. This driver didn’t make it.

In 2007, 5,154 motorcyclists were killed, an increase of 7 percent over the 4,837 motorcyclists killed in 2006. There were 103,000 motorcyclists injured during 2007.

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.

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 accident caused by a careless driver, contact the experienced Nashville motorcycle accident attorneys at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

Sometimes media reports provide so little information you wonder why they even bother to mention an incident. This happened in the Memphis Commercial-Appeal yesterday when it reported on a pedestrian car accident involving a 2-year-old. All we know is that a 71-year-old woman was leaving an apartment complex when she ran over a 2-year-old boy. The article did mention that the boy had minor injuries and is in stable condition. My prayers go out to the lady and the boy.

The main question I had when I read this article is what is a 2-year-old baby doing outside in an apartment complex without supervision. It is the parents responsibility to protect their children and that failure to supervise when the child is in a dangerous place is negligence on the part of the parent.

When this parent shows up at a personal injury lawyer’s office and wants to sue the driver, the lawyer is in a difficult position. Liability against the driver is contingent on whether she was negligent, but the parent has to understand that any jury is going to decide whether the drivers negligence is responsible for the injuries or the parents failure to supervise the child in a dangerous place like an apartment complex.

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.

Honor The Centerline

As an experienced Tennessee motorcycle accident attorney I would advise riders to always stay in your own lane. This might sound stupid, but more than often I see accidents happen when the driver, especially on rural roads, plants his bike in the middle of the road.

This set of events happened last weekend in Overton County Tennessee. A 54-year-old Harley–Davidson driver was in the center of the road, came around a curve and met a car coming the other way. The rider swerved to avoid hitting the car, lost control, left the road, went down a ravine and hit a tree killing the driver and injuring his passenger.

Lines and symbols on the roadway (1) divide the road into lanes, (2) tell you when you may pass other vehicles or change lanes, (3) indicate which lanes to use for turns, (4) define pedestrian walkways and (5) show where you must stop for signs or traffic signals. Line colors tell you if you are on a one-way or two-way roadway.

Lines separating traffic moving in opposite directions are yellow. Yellow lines are also used to mark a boundary or barrier of the travel path at the location of a particular hazard, such as bridge supports, etc. Broken yellow lines mean that you MAY cross the line to pass if there is no oncoming traffic and it is safe to do so.

Two solid yellow lines between lanes of traffic mean you MAY NOT cross the lines from either direction, even if no oncoming traffic is in view. You may cross a solid yellow line to turn into a driveway or side road if it is safe to do so. One solid yellow line and one broken yellow: Where there is both a solid and a broken yellow line between opposing lanes of traffic, you may not pass if the solid yellow line is on your side. If the broken yellow line is on your side, you are in the “passing zone” and may pass if it is safe to do so. You must safely return to your side of the roadway before the passing zone ends.

If you or a loved one is injured or killed by a negligent driver who ignores the traffic lines contact the experienced Nashville auto/motorcycle accident attorneys at Phillip Miller & Associates and find out about your rights and remedies.

Tail Of the Dragon

"The Dragon" Claims Another Life

The “Tail of the Dragon” notches another dead motorcyclist. The “Tail of the Dragon” is a well-known section of US Highway 129 that crosses Deals Gap at the Tennessee/North Carolina state line. The “Dragon” is known throughout the world to motorcyclists and thrilled seekers and has claimed numerous lives, the exact number I have been unable to determine. This past year it was closed for seven months due to a rock slide. It’s open now and back to its deadly ways. For a free virtual ride on the “Dragon” click here.

The “Dragon” claimed it’s latest victim Saturday when a 44-year-old man from Rogersville Tennessee lost control of his motorcycle, ran off the road and slammed into a tree. The man was ejected and landed over 50 feet down the side of the ridge.

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.

Stories like these should remind us that when we get behind the wheel, or handle bars, of a motor vehicle we have to have our full attention on the task at hand.

If you or a loved one is injured in a Tennessee motorcycle accident contact our experienced Nashville motorcycle accident attorneys at Phillip Miller & Associates and learn about your rights and remedies.

Fatal Hit & Run

As an experienced Nashville auto accident lawyer I can tell you that a pedestrian is defined as any person not in or upon a motor vehicle or other vehicle. In 2007, 4,654 pedestrians were killed in traffic crashes in the United States — a decrease of 13 percent from the 5,321 pedestrians killed in 1997. On average, a pedestrian is killed in a traffic crash every 113 minutes and injured in a traf!c crash every 8 minutes.

There were 70,000 pedestrians injured in traf!c 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.

In a local media article this week we find that Tennessee Highway Patrol troopers and Mt. Juliet Police believe that a hit-and-run on Interstate 40 eastbound killed a pedestrian early Wednesday and caused two other accidents. The initial vehicle left the scene of the accident and is being sought by police. Some time during the period 3:30 AM to 5:15 AM a man was hit by a car on I-40 in the East bound lane. Some time later drivers trying to avoid the man’s body in the interstate swerved and ran off of the road.

If have any information about the driver who left the scene or the victim of this collision contact the Tennessee Highway Patrol or the Lebanon PD. For more information about Tennessee highway traffic safety or what to do if you are the victim of a Tennessee automobile accident check out the experienced personal injury lawyers at Philip Miller & Associates and take advantage of a free consultation with a Board Certified Civil Trial Lawyer.

Protect Your Children

Child safety seats reduce fatal injury by 71 percent for infants (less than 1 year old) and by 54 percent for toddlers (1 to 4 years old) in passenger cars. Young children restrained in child safety seats have an 80 percent lower risk of fatal injury than those who are unrestrained.

Tennessee was the first state in the country to pass a Child Passenger Protection Law requiring children to be restrained in child safety seats (car seats and booster seats).

A.  A child under one year old, or any child weighing less than 20 pounds, must be in a child passenger restraint system (car seat) that is facing the rear of the car.

B. Children who are one through three years old, and who weigh more than 20 pounds, must be in a child passenger restraint system that is facing forward.

C. Children who are four through eight years old and whose height is under four feet, nine inches, must be in a belt positioning booster seat system (child booster car seat) and wearing a seatbelt.

I have good news for citizens of Hamilton County Tennessee. The Hamilton County Sheriff Department has announced the first ever child safety seat check. Operation “Safe Journey” will take place on September 7, 2010 and will address the proper use of child safety seats. Following the initial event the safety team will be available for parents at the Sheriff’s West Annex on the first Tuesday of each month during the hours of 11:00 AM to 1:00 PM, and on the second Tuesday of the month at the same time at the Highway 58 K-Mart. My hat is off to the Sheriff for this program.

If you or a loved one is injured or killed in a Tennessee highway automobile accident contact the experienced Nashville automobile accident law firm of Phillip Miller & Associates and take advantage of a free consultation with a Board Certified Civil Trial lawyer to determine your rights and remedies.

Never Fight With Police

Certain highway safety media reports lead me to name the driver as someone who should never be able to drive again. I usually find one or two of these drivers per year and 2010 has been one of those years that lead me to think that I might not find one. Well, it ain’t going to happen.

In an article on the web site of WRCB TV in Chattanooga I found my man, a 70-year-old doper who decided that it was a good idea to fight with police who had pulled him over for not wearing his seat belt. Not wearing his seat belt while driving along a public street was his first mistake, his second was having a bog of pot and seven rocks of crack in his shirt pocket and his third mistake was trying to fight with the officer.

The man is now recovering in a local hospital as the result of injuries he received when police officers subdued him. I mean, hide the dope you dope, don’t keep it in your shirt pocket. I doubt whether the police would have conducted a full car search on a 70-year-old man on seat belt beef, but then, as Forrest Gump said, “…stupid is as stupid does.”

The lesson for the rest of us is don’t use dope and drive, better yet don’t use dope at all. If you or a loved one is injured or killed in a Tennessee automobile accident caused by a driver under the influence of drugs contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and take advantage of a free consultation with a Board Certified Civil Trial Lawyer to find out about your rights and remedies.

In Medical Emergency Try To Pull Over

As an experienced Nashville auto accident attorney I have written about all sorts of driver distractions that have caused fatal and non-fatal car crashes. Cell phones and texting lead the list, followed by talking to passengers, alcohol and drug use and sleepy drivers. I read about a case the other day in which the driver went into a sneezing fit that caused her to be so distracted that she drove off of the road, ripped through several trees before plowing up a fence before coming to a stop.

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 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.

Restricted Licenses Save Teen Lives

As an experienced Tennessee auto accident lawyer I have read research reports that say that with teen drivers the risk of a fatal crash goes up in direct relation to the number of teenagers in the car. In Tennessee the Graduated Drivers License law restricts the number of passengers for a driver on an intermediate license to one.

UNLESS:

• One or more of the passengers is age 21 or older and has a valid, unrestricted license;
• The passengers are brothers and sisters, step-brothers or step-sisters, adopted or fostered children residing in the same house as the driver and going to and from school AND the intermediate license holder has in their possession written permission from their parent or guardian to transport their siblings. Those with an intermediate license are prohibited from driving between the hours of 11 p.m. and 6 a.m.

UNLESS:

• They are accompanied by a parent or guardian;
• They are accompanied by a licensed driver 21 or older who has been designated by the parent or guardian. This designation must be in writing and be in the possession of the teen driver;
• They are driving to or from a specifically identified school sponsored activity or event and have in their possession written permission from a parent or guardian to do this;
• They are driving to or from work and have in their possession written permission from a parent or guardian identifying the place of employment and authorizing the driver to go to and from work;
• They are driving to or from hunting or fishing between 4 a.m. and 6 a.m. and have in their possession a valid hunting or fishing license.

According to the AAA Foundation for Traffic Safety, over the 10 years from 1998 through 2007, there were 24,655 drivers ages 15 through 17 involved in fatal crashes. These crashes killed 28,138 people, of whom 10,388 (36.9%) were the 15-, 16-, and 17-year-old drivers themselves. However, the majority of fatalities in those crashes (63.1%) were people other than those drivers, and included 8,829 of their passengers, 6,858 occupants of vehicles operated by drivers age 18 or older, and 2,063 non-motorists and others.

On a positive note, the number of young drivers involved in fatal crashes each year decreased substantially over the years analyzed, with 776 fewer drivers age 15 to 17 involved in fatal crashes in 2007 than in 1998, resulting in the deaths of 311 fewer young drivers and 540 fewer deaths of other people in 2007 than in 1998. There was also a substantial decrease in the fatal crash involvement of adult drivers over the same period; however, the decrease in the fatal crash involvement of young drivers and people killed in those crashes was significantly larger than what would have been predicted from the decrease in the fatal crash involvement of adults.

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

Teach your Child To Take A Minute And Buckle Up

As an experienced Tennessee auto accident lawyer I have been focusing on parents of teen drivers here during this past week. There are so many things to talk about but today it’s about getting your child to understand the importance of wearing their seatbelts. It’s really a simple concept that takes only a second or two to complete, but failure to exercise it can lead to catastrophic results. The use of seat belts is required under  Tennessee law. Seat belts can, and often do, help save you and your passengers’ lives in the event of a traffic crash.

The problem is that statistics show that teens buckle up far less frequently than adults do. The very first thing you, as a parent, can do is set the right example for your children by buckling yourself up every time you get in the car. Make it an issue, talk about it and make sure everyone in the vehicle is buckled up before you start the car.

When your teen is ready to drive, remind them that whether they are driving across town or just around the neighborhood, wearing seat belts is the absolute best way to protect themselves and their passengers from severe injury or even death in the event of a crash. Remind them that f they are driving on a graduated drivers license and they are pulled over and not wearing their seatbelt they can lose their driving privileges and have a high dollar ticket to pay.

Despite efforts aimed at increasing belt use among teens, observed seat belt use among teens and young adults (16 to 24 years old) stood at 76 percent in 2006 – the lowest of any age group.  In 2007 alone, 4,540 teenagers aged 16 to 20 years old were killed in motor vehicle crashes, and more than half (2,502) were not wearing their seat belts at the time of the crash.

We don’t know what the outcome would have been for those 2,502 teens had they buckled up, but statistics tell us that in that same year, 72 percent of the passenger vehicle occupants involved in fatal crashes who were wearing their seat belts survived the crash.

If you are in need of a consultation as the result of an automobile accident contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates.