Driver Inattention

Anyone looking at the media reports of a fatal van/tractor-trailer truck accident in Macon County, Tennessee would left with the same question, what was the van driver doing that diverted his attention from the oncoming tractor-trailer. The van, carrying 9 people, was making a left turn onto another road when it pulled out directly into the path of the truck.

The head-on collision took the life of the driver and a passenger, while five other passengers were injured so badly that they were flown to Vanderbilt Medical Center for treatment. The others were treated and release from a local hospital.

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.

Sleeping Trucker Kills Ten

One of the last words uttered by Joseph Conrad’s antagonist Kurtz in his novel “The Heart of Darkness” were “…the horror, the horror.” Those words seem appropriate to desribe the scene of absolute carnage in the aftermath of a tractor-trailer accident on an interstate highway in Oklahoma.

The accident was preceded by a minor collision, which had stopped traffic on Interstate 44 near Miami, Okla. Eastbound drivers cresting a rise could see the traffic jam ahead and began braking. However, the truck driver’s 40,000-pound rig barreled ahead at nearly 70 mph, smashing into a Land Rover and knocking it into another car and then off the highway. The truck then rode over first one and then another car, dragging both vehicles under its wheels, before coming to a stop atop a minivan.

There is no evidence that he tried to brake or take evasive action before hitting the other cars, investigators said. Some collision warning systems contain a feature that will automatically brake in such circumstances without any action by the driver. The truck driver later pled guilty to ten counts of negligent homicide. This past week the National Transportation Safety Board held that the accident was caused because the truck driver was suffering from acute fatigue which could have been avoided had the trucking company followed the federal regulations regarding rest and employed an inexpensive electronic device that would have alerted the driver that he was in danger of hitting an object ahead of him.

The National Highway Traffic Safety Administration (NHTSA) estimates conservatively that each year drowsy driving “is responsible for at least 100,000 automobile crashes, 71,000 injuries, and 1,550 fatalities.” But among all the major factors that cause or contribute to crashes, like speeding, alcohol use, and weather situations, drowsiness is the most difficult for police and other crash investigators to detect and quantify.

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.

If you are involved in a Tennessee automobile accident with a suspected drowsy driver time is of the essence, do not tarry, contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates immediately so that you can get a solid picture of the issues you face and a good start in protecting your interests.

Distracted Driving Epidemic

As an experienced Tennessee automobile accident attorney I regularly write about the growing epidemic of of distracted driving fatalities. As our society develops more and more electronic devices to ostensibly make our lives easier we actually make our lives and others on the roadway more dangerous by two to three times. The following are some recently updated statistics from the National Highway Traffic Safety Administration that shed light on this topic:

In 2009, 5,474 people were killed on U.S. roadways and an estimated additional 448,000 were injured in motor vehicle crashes that were reported to have involved distracted driving;

Of those people killed in distracted-driving-related crashes, 995 involved reports of a cell phone as a distraction (18% of fatalities in distraction-related crashes);

Of those injured in distracted-driving-related crashes, 24,000 involved reports of a cell phone as a distraction (5% of injured people in distraction-related crashes);

Sixteen percent of fatal crashes in 2009 involved reports of distracted driving;

Twenty percent of injury crashes in 2009 involved reports of distracted driving;

The age group with the greatest proportion of distracted drivers was the under-20 age group – 16 percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving.

Of those drivers involved in fatal crashes who were reportedly distracted, the 30- to 39-year-olds had the highest proportion of cell phone involvement;

If you or a loved one are injured or killed by a distracted driver contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies.

As an experienced Tennessee automobile accident attorney I usually remind my readers and clients that the spring time and the fall are extra dangerous times when driving in rural or suburban areas at dawn and dusk. The deer become much more active and the younger, more inexperienced deer are apt to run out in front of your vehicle as you travel the highways and byways of Tennessee.

Deer-related crashes are on the rise in Tennessee as urban growth encroaches into rural areas. In 2006, there were 5,884 deer-related crashes, including 289 that involved injuries and two that were fatal. That was up 19 percent from 4,942 in 2005. Since 2003, deer-related crashes in Tennessee have risen over 33 percent. In 2006, the month of November recorded 1,334 deer-related crashes, by far the highest month for such crashes. December and October were the second and third highest months, which saw double the average number of deer-related crashes throughout the year.

A couple of important things I would suggest are, that whenever you see deer cross the road, expect more to follow. Many times, the second or third deer crossing becomes the one that motorists hit. If you do collide with a deer, never approach the injured animal as they are powerful and can cause serious bodily harm, and even death to a human. And most importantly, highway safety professionals advise motorists not to attempt to avoid hitting deer, because swerving to miss the animals often causes vehicles to go off the road. Frequently, those vehicles then hit trees, power poles or run off into ditches. Instead, they recommend, that motorists should hit the deer.

For information on this, and many other important Tennessee highway safety related subjects, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates, and search the web site at www.seriousinjury.com for helpful tips and suggestions about all areas of Tennessee highway safety.

Things Can Be Better

U.S. Transportation Secretary Ray LaHood today released updated 2009 fatality and injury data showing that highway deaths fell to 33,808 for the year, the lowest number since 1950.  The record-breaking decline in traffic fatalities occurred even while estimated vehicle miles traveled in 2009 increased by 0.2 percent over 2008 levels.

In addition, 2009 saw the lowest fatality and injury rates ever recorded:  1.13 deaths per 100 million vehicle miles traveled in 2009, compared to 1.26 deaths for 2008. Fatalities declined in all categories of vehicles including motorcycles, which saw fatalities fall by 850 from 2008, breaking an 11-year cycle of annual increases.

“At the Department of Transportation, we are laser-focused on our top priority: safety,” said Secretary LaHood.  “Today’s announcement shows that America’s roads are the safest they’ve ever been.  But they must be safer.  And we will not rest until they are.”

As part of the Department’s campaign to reduce traffic fatalities, Secretary LaHood will convene a National Distracted Driving Summit on Sept. 21 in Washington, D.C.  The Secretary will bring together leading transportation officials, safety advocates, law enforcement, industry representatives, researchers and victims affected by distraction-related crashes to address challenges and identify opportunities for national anti-distracted driving efforts.  This follows the first summit Secretary LaHood held in the Fall of 2009 that sparked a national conversation about texting and talking on cell phones while driving.

According to a National Highway Traffic Safety Administration (NHTSA) study based on 2006 Centers for Disease Control (CDC) data, motor vehicle crashes are the leading cause of death for those between the ages of 3 and 34. In addition to the record-breaking drop in fatalities, the number of people injured in motor vehicle crashes in 2009 declined for a 10th straight year in a row, falling an estimated 5.5 percent from 2008, according to NHTSA data released today.

Alcohol impaired driving fatalities declined by 7.4 percent in 2009 – 10,839 compared to 11,711 reported in 2008.  Overall, 33 states and Puerto Rico experienced a decline in the number of alcohol-impaired driving fatalities in 2009 compared to 2008.

“Today’s numbers reflect the tangible benefits of record seat belt use and strong anti-drunk driving enforcement campaigns,” said NHTSA Administrator David Strickland.  “But we are still losing more than 30,000 lives a year on our highways, and about a third of these involve drunk driving.  We will continue to work with our state partners to strictly enforce both seat belt use and anti-drunk driving laws across this nation, every day and every night.”

Highlights of the latest Fatality Analysis Reporting System (FARS) and related NHTSA data include the following:

* 33,808 people died in motor vehicle traffic crashes in 2009, a 9.7 percent decline from 37,423 deaths reported in 2008, and the lowest number of deaths since 1950 (which had 33,186).

* An estimated 2.217 million people were injured in 2009, a 5.5 percent decline from 2.346 million in 2008.

* 30,797 fatal crashes occurred in 2009, down 9.9 percent from 34,172 in 2008.  All crashes (fatal, injury and property damage only) were down by 5.3 percent in 2009 from a year ago.

* Forty-one states, the District of Columbia and Puerto Rico all had reductions in fatalities, led by Florida (with 422 fewer fatalities) and Texas (with 405 fewer fatalities).

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

Don't Mess With A Train

Many Tennesseans drive over railroad crossings everyday, most not thinking twice about the prospect of an oncoming train making contact with their vehicle. However, upon analyzing the data collected from the entire state, perhaps they should. There is a strong downward trend in the number of injury and property damage crashes, but there is always that fool who thinks they can outrun this massive steel wrecking ball.

RR Signs

Round Shape — Railroad Ahead - This circular sign always means that you are approaching a railroad grade crossing. You must slow down and be ready to stop. This sign tells you that it is up to you to stop if you see a train coming. NEVER TRY TO “BEAT” THE TRAIN. YOU WILL USUALLY MISJUDGE ITS SPEED. More than 200 traffic crashes occur each year at railroad crossings. Do not play with your life trying to “beat the train.”

Broad “X” Shape — Railroad Here –  This is known as a crossbuck sign. It is placed at all railroad grade crossings and shows exactly where the tracks are located. Notice the smaller signs placed on the post directly below the crossbuck. They show the number of tracks at a particular crossing. This is very important because, when there are two or more tracks, one train passing might hide the approach of a train from the other direction. Some crossbucks are equipped with two lights underneath the “X.” Flashing lights on a crossbuck mean that a train is coming.

Always stop when the lights are flashing. Remain stopped until the train has passed. If there is more than one track, be sure all tracks are clear before crossing. Some crossbucks are equipped with both flashing lights and a gate. Stop when the lights begin flashing and before the gate comes down. Remain stopped until the gates are raised and the lights stop flashing.

For more highway safety information check out the web site of Nashville automobile accident attorney Phillip Miller & Associates and watch out for the trains.

Paaing A School Bus Is A Fool's Game

Well folks, I think I found the 2010 Worst Tennessee Driver of 2010. Picture this scenario, a man is driving along a highway in a Ford Focus, his passengers include a 17-year-old girl, a 10-year-old and a one-year old, along with another adult. He attempted to pass several school buses and had the adult passenger no grabbed the steering wheel at the last second, he would have hit another car head-on. He did hit the other vehicle on the driver’s front side as well as the car following it before he left the roadway and was ejected. All in all, 10 people were injured by this bozos stupidity. Thank God no one was killed.

Two-lane highways in Tennessee have a single broken yellow centerline. You should always drive to the right of the centerline, except to safely pass another vehicle. Passing another vehicle is a normal part of driving, but it can be very dangerous. Collisions resulting from improper passing are often fatal, since the impact is greater in this type of crash. Before you attempt a pass, be sure you have enough room to complete the maneuver. If you have to cut back to your lane too soon, you risk sideswiping the vehicle you are passing. If you do not cut back to your lane soon enough, you risk a head-on collision.

It is equally important to know when NOT to pass, as well as when to pass. The decision of whether or not to pass is influenced by the knowledge, judgment, attitude and behavior of the driver. BE PATIENT.  As a general rule, it is NOT SAFE to pass more than one vehicle at a time, although it is not illegal in Tennessee to pass multiple vehicles. It is recommended that you not even consider passing multiple vehicles unless you:

A. Are on a straight, level roadway where your vision of oncoming traffic is excellent;

B. Can complete the pass of all vehicles and be safely returned to the right lane before coming within 100 feet of the no passing markings (solid yellow line, signs, etc.) and/or any oncoming vehicles approaching from the opposite direction.

If you or a loved one is injured in a Tennessee car accident caused by a negligent driver contact our Nashville car accident attorney’s at Phillip Miller & Associates and find out about your rights and remedies.

As an experienced Nashville automobile accident attorney I have learned many things about car crashes and I can tell you that in a head-on collision between an SUV and a motorcycle, the SUV always prevails. My prayers go out to the family and friends of Julie Moulds of Hermitage who was riding her bike on Wilson County when an SUV driven by a man who police suspect was driving drunk crossed the centerline and hit Ms. Moulds. She was airlifted to Vanderbilt Medical Center where she died in surgery.

Witnesses told investigators that the SUV was driving recklessly before the collision and ran several other cars off of the road moments before he killed Ms. Moulds. I’ll follow this case through the court system and report to you on the outcome. If this driver makes you feel the same anger that I do, I suggested that you contact District Attorney General Tom P. Thompson at 615-443-2863 and let him know how you feel he should approach this prosecution.

Drunk driving is one of America’s deadliest crimes. Here in Tennessee in 2008, 327 people were killed in crashes where the driver or motorcyclist had a blood alcohol concentration (BAC) of .08 or higher. That is down from 377 people killed in 2007 with a BAC of .08 or higher. On average, a human being is killed by a drunk driver, every 45 minutes. In 2008, an estimated 11,773 people died in drunk driving related crashes a decline of 9.8 percent from the 13,041 drunk driving related fatalities of 2007.

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

No Seat Belt = Death

The Tennessee State Trooper who investigated the fatal accident in White County said that the fact that that the passenger was not wearing his seat belt made no difference in whether he lived or died. As an experienced Tennessee automobile accident lawyer, I question how he could make this call. The driver lost control, either because he was speeding or became distracted, the vehicle left the road and struck a tree.

Tennessee law requires the use of seat belts. An overwhelming number of studies show that seat belts, when used correctly, save lives. Seat belts help prevent injury five different ways, by:

1. Preventing ejection: Ejection greatly increases the chance of death or serious injury.  The chance of being killed in a crash by being ejected from a vehicle is one in eight.  Safety belts virtually eliminate ejection.  The belted driver stays inside the car and is better protected from injury.

2. Shifting crash forces to the strongest parts of the body’s structure.  To get the most benefit from a seat belt, be aware of the following points:

• The lap belt should be worn low over the pelvis with the bottom edge touching the tops of the thighs snugly.

• The shoulder belt should be worn over the shoulder and across the chest, not under the arm and over the abdomen.  Make certain that the shoulder belt is not worn so loosely that it slides off the shoulder.

• Pregnant women should wear the lap belt below the abdomen and the shoulder belt above the belly.

3. Spreading crash forces over a wide area of the body.  Safety belts reduce the possibility of injury from “hostile” surfaces inside the car (steering wheel, dashboard, windshield, controls, etc.).  Even if the belted driver collides with some of these surfaces, it happens with much less force and often results in less serious injury.

4. Keeping the body more closely in the “proper driving posture.” The belt keeps the driver “in the driver’s seat.”  The belted driver is better able to deal with emergencies and often avoids more serious trouble.

5. Protecting the head and spinal cord. The belted driver is less likely to be stunned or made unconscious by the crash and is better able to cope with the situation. Research has found that proper use of lap/shoulder belts reduces the risk of fatal injury to front seat passenger car occupants by 45 percent and the risk of moderate-to-critical injury by 50 percent (for occupants of light trucks, 60 percent and 65 percent respectively)

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

He Failed To Keep A Lookout Ahead

It appears that there is another kind of accident that has become popular with drivers who are driving distracted and that is the rear-ender. Yesterday I wrote about a distracted driver who failed to notice that a tractor-trailer had stopped in front of him at a stop light. By the time he turned his attention to the road ahead of him, it was too late and he slammed into the trucks flatbed trailer.

In this fatal accident the deceased was distracted and failed to notice that the vehicle in front of him had slowed and was turning into a driveway. Thankfully the turning driver was not injured but the distracted driver wasn’t so lucky. It seems the deceased had had a liver transplant several years prior to this accident and the collision caused the scar to break apart and complicate the injuries sustained in the crash.

Distraction from the primary task of driving could present a serious and potentially deadly danger. In 2008, 5,870 people lost their lives and an estimated 515,000 people were injured in police-reported crashes in which at least one form of driver distraction was reported on the crash report. While these numbers are signi!cant, they may not state the true size of the problem, since the identification of distraction and its role in the crash by law enforcement can be very difficult.

If you or anyone you know has been injured or killed in a Tennessee car accident, please conta Nashville injury attorney Phillip Miller and the Tennessee personal injury attorneys at Phillip Miller and Associates at (615) 356-2000, or contact our office online here.

One last thing: If you are hurt and have any questions at all, contact our office at (615) 356-2000. Don’t delay. Cases involving personal injury or death in Tennessee must be acted on quickly. Time is running. Call for an appointment, if it’s bad enough that you need to read this far into a website blog, it’s bad enough to get an attorney involved.