Drive Carefully

We all are responsible for driving, walking, and biking safely on our Nation’s roads. The highway engineers and planners have the responsibility to make sure that roads are designed and operating properly, with safety for all road users in mind.

Pedestrians should always keep an eye out and cross streets at duly marked intersections, never trying to cross between parked cars. Parents should teach their children the safety rules and always monitor their young children playing near streets.

Drivers have the responsibility to always be alert and obey the traffic rules. The number one rule for driver safety is to avoid distractions and obey posted speed limits. The majority of all Tennessee motor vehicle accidents are the result of some mixture of violation of both of these rules.

Passengers should always buckle up and act responsibly. Passengers should not distract the driver and remind the driver if she is not paying attention to the road or violating speed limits.

The police and the courts have the responsibility to make sure that the traffic and pedestrian laws are enforced. Public safety agencies have the responsibility of responding to and securing crash locations and enforcing traffic laws.

Local communities and county and state governments need to allocate funding for safe roads and increase public awareness about road safety. Everyone should take responsibility for roadway safety.

If you want to find out more about Tennessee highway traffic safety visit the website of Phillip Miller & Associates, a group of experienced Nashville automobile accident attorneys.

At Phillip Miller & Associates our goal is to assist a family through such a tragedy by removing the financial and legal issues from the sphere of the family’s attention so that they may focus on what is really important in terms of healing and coping.

An Avoidable Child Death

There is more information left out of the media report on the death of a 6-year-old then there is in it. I wish reporters would spend a minute and learn the right questions to ask so that readers could understand what happened and how the incident applies to their own driving habits.

The best I can make out is that a 21-year-old driver with two children in his car, one was 6 and the other 3. The driver was speeding and drove through a radar trap, but instead of stopping he attempted to flee. He made a quick turn and lost control, left the road and hit a tree. The police officer was not in pursuit.

The 6-year-old was pronounced at the hospital and the driver and the other child were listed in satisfactory condition. One very important fact that was surely available if the reporter had asked , was whether the children were in properly installed child safety seats.

Motor vehicle crashes are the leading cause of death to children ages 2 to 14 and the leading cause of injury-related death for children under 2. When installed and used correctly, child safety seats and safety belts can prevent injuries and save lives. Young children restrained in child safety seats have an 80 percent lower risk of fatal injury than those who are unrestrained.

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.

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

A Chapel Hill man is facing aggravated assault charges after a minor accident turned violent Tuesday afternoon in Franklin, Tennessee. According to the police report one driver got out of his vehicle and began cursing the other motorist after their vehicles collided in heavy traffic near the intersection of Mallory Lane and Liberty Pike.

Not satisfied with cursing and abusive language the driver them pulled out a pocketknife and opened the blade. Neither the second driver, nor his 12-year-old daughter who was in the car with him, were hurt. The knife wielding man was charged with aggravated assault and released on $2,500 bond.

In Tennessee and throughout the country, the public’s concern over aggressive driving continues to grow. Some studies indicate the public is actually more fearful of aggressive drivers than it is of impaired drivers. Aggressive driving is truly dangerous and cannot be tolerated. Several states are considering legislation to deal specifically with the aggressive driving issue.

If you or loved one has been injured or killed in a Tennessee auto accident caused by an aggressive driver, the experienced Nashville automobile accident attorneys at Phillip Miller & Associates have the experience and knowledge needed to successfully handle your Tennessee auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you, free of charge, and come up with a plan of action to help you get compensation for your loss.

As an experienced Tennessee car accident lawyer, I regularly witness the role of aggressive drivers in many Tennessee car accidents.

Statistics suggest that as many as one third of traffic crashes resulting in death can be attributed to aggressive driving and two-thirds of resulting deaths can be attributed to aggressive driving.

The National Highway Traffic Safety Administration (NHTSA)  defines aggressive driving as “the operation of a motor vehicle in a manner which endangers or is likely to endanger persons or property.”

Many states around the nation have specific statutes prohibiting aggressive driving, specifically drag racing. In Tennessee aggressive driving is addressed in the statutes as Reckless Driving. TN Code section 55-10-205)55-10-205, describes reckless driving as; “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving.” Sound like the shoe fits the drag racer? You bet it does.

I would encourage each driver who ventures out onto the highways and byways of Tennessee to arm themselves with the telephone number of the appropriate law enforcement agency, either 911 or *847 for State Troopers and when you witness an aggressive driver, or a drag racer, pull over to a safe place and call in the license number, description of the vehicle and any other specifics that you observed. Save a life and tell all of your friends and families to step up and help reduce traffic fatalities in Tennessee.

YOU ARE AN AGGRESSIVE DRIVER IF YOU

• Express Frustration. Taking out your frustrations on your fellow motorists can lead to violence or a crash.

• Fail to Pay Attention when Driving. Reading, eating, drinking or talking on the phone, can be a major cause of roadway crashes.

• Tailgate. This is a major cause of crashes that can result in serious deaths or injuries.

• Make Frequent Lane Changes. If you whip in and out of lanes to advance ahead, you can be a danger to other motorists.

• Run Red Lights. Do not enter an intersection on a yellow light. Remember flashing red lights should be treated as a stop sign.

• Speed. Going faster than the posted speed limit, being a “road racer” and going too fast for conditions are some examples of speeding.

If you or a loved one is injured or killed in a Tennessee automobile accident by an aggressive driver or drag racer, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and get a complete picture of your rights and remedies.

As an experienced Tennessee auto accident attorney I can tell you that when a car and a train collide at a crossing, one of two things happened; either the emergency equipment failed or the driver made a bad decision. Either way, the car never wins.

A local Nashville media outlet reported on a recent crash in Pembroke Kentucky just north of the Tennessee line. Three men were killed when the driver of an SUV ignored the safety warnings and tried to make it across ahead of the train. Investigators don’t know at this time whether the one survivor was the driver.

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.

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.

Yield To Emergency Vehicles

As an experienced Tennessee automobile accident attorney, I regularly critique other drivers as I travel on the highways and byways of Tennessee.  One of the things that I observe on a regular basis is drivers who fail to yield to emergency vehicle. You know the guy, you pull over to yield to an ambulance and he whips around you to get ahead.

In Tennessee we have what is called the “Move Over Law” which is part of the “Failure To Yield To Emergency Vehicle” statute. In a nutshell, the law requires a driver to take certain actions when an emergency vehicle is present. The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. A driver must also keep clear of any intersection in the event that the emergency vehicle needs to turn.

When the emergency vehicle is stationary, and off to the side of the roadway,  the driver shall proceed with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four (4) lanes with not less than two (2) lanes proceeding in the same direction as the approaching vehicle

If you or a loved one is injured or killed in a Tennessee automobile accident 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.

Not Sure If Your Car Seat Is Properly Installed

Over the last several weeks we have seen several accident, fatal accidents in which children were killed even though they were is safety seats. The problem appeared to revolve around the fact that the parents did not have them properly secured, and in one case they weren’t secured at all.

If you are going to make the effort to purchase a child safety car seat, it seems intuitive that you would want to go the extra mile and see to it that it was properly installed. If you have any doubt, or just want to proceed on the safe side the Tennessee Department of Safety has established centers, statewide where you can take your vehicle and have professionals check them.

To find a location in your state you can go to the website of the National Highway Traffic Safety Administration and find a convenient location.

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.

These seats should be in the rear seat of the car, if possible. The children can’t make the decision to protect themselves, this is the legal responsibility of the parents. It is also the responsibility of the parents to teach by example.  If you are driving and witness a parent driving without having their child properly restrained it is your duty to notify the authorities. Call 911 is you are in an urban area and *847 in a rural area. Make the call and save a child’s life.

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 to determine your rights and remedies.

Practice School Bus Safety

The Tennessee Highway Patrol (THP) joins the promotion of the 2010 National School Bus Safety Week and its theme, “Cross in View, It’s the Right Thing to Do”. By supporting the five-day annual event, which runs from October 18 through October 22, the THP hopes to highlight the importance of school bus safety awareness and education.

“Riding the school bus is one of the safest modes of transportation; it’s when children get on or off the bus that causes concern,” said Department of Safety Commissioner Dave Mitchell. “That is why it is critical for parents, teachers, and school administrators to stress the importance of crossing in view of the school bus driver, and to instruct children on other safety tips that will keep them out of harm’s way.”

Each day, some 480,000 school buses transport more than 26 million children to and from school and school related activities, according to the U.S. Department of Transportation. An average of 19 school-age children die in school transportation-related traffic crashes each year – five occupants of school buses and 14 pedestrians. Most of those killed are children five to seven years old.

The “danger zone” for a school bus is the area 10 feet around the vehicle; the two most dangerous places are the front and the right rear tire area of the bus. Children must take care when boarding or leaving the school bus by following these simple rules:

• Always remain in direct eyesight of the bus driver;
• Be alert to traffic. Check both ways before stepping off the bus;
• Make eye contact with the bus driver, and wait for the bus driver’s signal     before crossing the street;
• Walk in front of the bus; never walk behind the bus to cross the street;
• Never go under the bus to retrieve something you’ve dropped;
• Get to the bus stop in plenty of time.

“Educating children on school bus safety is a top priority, but we also want to remind drivers to slow down in school zones and obey the stop arm,” said THP Colonel Tracy Trott. “Our troopers work diligently to enforce traffic laws in the school zone, and will penalize those who blatantly disregard laws designed to protect children.”

In Tennessee and in every state, drivers must stop when the stop arm is extended and red lights are flashing. Between August 1, 2010, and September 30, 2010, State Troopers wrote 343 citations to drivers as part of THP’s Back to School Enforcement Campaign. A total of 126 of those drivers were ticketed for speeding in a school zone. In 2009, Troopers issued 5,445 citations in school zones across the state. Of those citations, 973 were speeding violations, while one citation was handed out for passing a stopped school bus.

If your child is injured, or god forbid, killed in a Tennessee school transportation-related traffic crash, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights.

With Halloween just around the corner I thought it important to provide you with this press release from the Tennessee Department of Safety.

The Tennessee Highway Patrol will do its part to ensure those celebrating Halloween enjoy the fall tradition responsibly and safely. Trick-or-treaters, parents and adult party goers are encouraged to follow a few simple rules to avoid becoming a scary statistic. “Halloween is often one of the deadliest nights of the year for impaired drivers,” said Department of Safety Commissioner Dave Mitchell. “The decision to prevent a horrible accident from happening is easy – don’t drink and drive. Our State Troopers are prepared to patrol and remove any and all drunk drivers from our roadways.”

Nearly 5,000 people in the U.S. died in crashes during the Halloween time period from 1996-2005. According to the National Highway Traffic Safety Administration (NHTSA), in 2008, 58 percent of all highway fatalities across the nation on Halloween night involved a driver or motorcycle rider with a Blood Alcohol Concentration (BAC) of .08 or higher.

Last year in Tennessee, two people were killed in two crashes on Halloween between midnight, October 31, 2009, through 6 a.m., November 1, 2009. Both of those crashes involved alcohol. That compares to seven people killed in six crashes on Halloween during the same time period in 2008. Four out of the six fatal crashes in 2008 involved alcohol. “Our Halloween plea to everyone is to keep the party off the road,” said THP Colonel Tracy Trott. “If you’ve been drinking, don’t make the poor decision to get behind the wheel – it could cost someone their life, maybe even your own. So please be smart; it’s not worth the risk.”

Partygoers, parents and children alike have a responsibility to be safe this Halloween. Simple precautions for partygoers include designating a sober driver in advance or taking a taxi, while parental guardians should closely watch children and teach them to obey safety rules. Halloween is the most dangerous day of the year for pedestrian injuries and deaths among young children.

The Centers for Disease Control (CDC) found that the number of deaths among young pedestrians (ages 5-14) is four times higher on Halloween evening than any other evening of the year. Thirty-eight percent of all young (under age 16) pedestrian fatalities occurred between 3 p.m. and 7 p.m., and alcohol involvement – either for the driver or pedestrian – was reported in 48 percent of traffic crashes that resulted in pedestrian fatalities.

Smokey Is Watching

If you or a loved in is injured or killed on Halloween by a negligent or drunk driver, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and find out about your rights and remedies

The other day I witnessed a situation involving a really bad driver, probably drunk, and a funeral procession. Luckily a Metro Police officer was there to witness it and took immediate action to prevent the driver from harming anyone.

As an experienced Tennessee automobile accident attorney I think the least understood of the Tennessee Rules of the Road is what to do when you come upon a funeral procession. In most circumstances a funeral procession is being directed by a private security agency which has no police authority to stop or direct traffic.

In Tennessee, it is a common and accepted practice for oncoming traffic to pull to the side of the roadway as a sign of respect when meeting a funeral precession. Tennessee law instructs the following:

*Vehicles following a funeral procession on a two-lane highway may not attempt to pass such procession; and,

* No operator of a vehicle shall drive between vehicles in a properly identified funeral procession except when directed to do so by a traffic officer.

If you would like to learn more about Tennessee highway safety issues or the Tennessee Rules of the Road visit my web site at Phillip Miller & Associates and check us out.