Be On The Lookout

Large animals, wild and domestic, running loose on or near highways create a serious danger for motor vehicle operators. We often warn readers to be on the alert for deer as they drive in rural areas, but with urban sprawl, deer car collision are happening in increasing numbers, on busy streets in developed areas.

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.

Reference an accident this weekend in Bradley County, Tennessee. A deputy sheriff was driving in a rural area searching for a cow that was reported running loose from a nearby pasture. According to the deputy, the cow “leaped from the woods” in front of his patrol unit, slammed into the hood and came through the windshield trapping him the car. Emergency responders extracted him from the vehicle and he was transported to a local hospital. His condition is unknown at this time, my prayers go out to the officer for a quick and complete recovery.

Farmers and landowners have a duty to secure livestock and if they fail in this duty and someone is injured they are liable for any and all damages caused by their negligence. To secure your reasonable damages you ought to consult with experienced Nashville auto accident lawyer like those you will find at Phillip Miller & Associates. Give us a call and take advantage of a free consultation. Call 615-356-2000

Don't Be Distracted

Motorcycle accidents can be devastating, and most of the time the accident isn’t even the motorcycle rider’s fault.  Very often other drivers are the ones who cause motorcycle accidents, or something as simple as faulty road design or poorly planned construction can contribute to a crash.

Reference a recent truck/motorcycle accident which left the motorcyclist in critical condition in Vanderbilt Medical Center. One of the main rules for drivers is to keep your eyes on the road. A Tennessee driver must avoid distractions and when turning, make sure the road is clear. Before turning across a traffic lane the turning driver must ascertain that there are no other motor vehicle coming and that the coast is clear.

According to Nashville Police traffic investigators a 21-year-old man was driving his pickup truck on McCall Street when he turned into a private driveway and directly into the path of an oncoming motorcycle driven by a 25-year-old man. The motorcyclist didn’t have a chance and t-boned the pickup. The question for investigators is, what was the pickup driver doing that so distracted him and prevented him from see the oncoming vehicle.

As a motorcyclist, you compete for space on Tennessee roads and highways with much larger vehicles whose drivers don’t always remember to look out for you when they turn or change lanes.  Not only that, but as you know roads are not always designed with motorcycle riders in mind, and seemingly harmless road or highway design features or flaws can prove dangerous – even deadly.

Have you or a loved one been injured in a Nashville motorcycle accident or auto accident as a result of distracted driving or other negligent driving?  If so, you should call the experienced Nashville personal injury lawyers at Phillip Miller & Associates, a Nashville motorcycle accident lawyer from our law firm will fight to help you win. We will treat you with the utmost compassion and respect. Call us today and speak with an experienced Nashville personal injury lawyer to discuss the details of your case. Call (615) 356-2000.

Hit & Run Fatality

Hit & Run drivers are, in my consideration, the worst kind of human being, yet they continue to get behind the wheel and ignore the rules.

Many H&R drivers are trying to avoid detection because they don’t have insurance and they don’t want to face the responsibility for their actions. No matter which category they fall into they are the very worst type of person, someone who will leave an injured or dying pedestrian lying in the street. Clarksville, Tennessee police say they now know who hit and killed a woman Friday.

A man turned himself into police and told investigators he thought he hit a deer and just kept going. Local media really didn’t provide much in the way of facts as to where she was when she was hit, so it’s hard to say who was at fault.

The driver’s story begins to weaken when we find out he had been drinking prior to the collision, leading reasonable people to disbelieve his story. Another mystery surrounding this event is the investigators inability to identify the victim. The woman was not carrying ID or a cell phone.

If you are the victim of a Nashville or Tennessee automobile accident we urge you to contact our car accident attorneys today for a free consultation. When you hire an auto accident attorney from Phillip Miller & Associates, you’re getting a qualified and dedicated lawyer. Details about our attorneys and staff can be found by viewing our website at www.seriousinjury.com where you can get to know the men and women who will be looking out for your best interest.

Head-On Collision

A Bowling Green man did something that doesn’t often come out very well. He was driving his motorcycle north along the highway, when for some unknown reason, he crossed the centerline as he motored through a curve and hit a truck pulling a trailer head-on. The 35-year-old man survived. The truck driver was treated and released.

I’m sure he realizes just how lucky he is. My prayers go out to him for a quick and complete recovery. Investigators will be trying to determine just what was going on with this driver in the minute or two before the collision.

Was he speeding? Going too fast for the roadway is a major problem in motorcycle crashes. Police will look into his experience and training to determine whether he was simply unskilled in the characteristics of the bike.

Another thought comes to mind, was he distracted in the moments before, and as he entered the turn? Distractions are the leading cause of all motor vehicle accident on Tennessee highways. Whatever the investigation reveals, the bottom line here is that the man was extremely fortunate to have survived.

Have you or a loved one been injured in a Nashville motorcycle accident or auto accident as a result of distracted driving or other negligent driving?  If so, you should call the experienced Nashville personal injury lawyers at Phillip Miller & Associates, a Nashville motorcycle accident lawyer from our law firm will fight to help you win. We will treat you with the utmost compassion and respect. Call us today and speak with an experienced Nashville personal injury lawyer to discuss the details of your case. Call (615) 356-2000.

Focus On Tennessee Passenger Van Safety

An often overlooked area of Tennessee highway safety is safe driving for passenger vans. You know the vans I’m referring to, they hold twelve to fifteen people and are often used by churches, high schools and colleges, and other organizations to haul people from place to place.

This time of year you often see more and more of these vehicles on the roadways in Tennessee. Likewise, we see an increase in passenger van injuries and fatalities. Organizations, to avoid injury and death to their passengers, and the subsequent law suits that follow that accident, ought pay particular attention to the qualifications and skills of the people they choose to drive them.

When thinking about passenger van safety there are number of things to keep in mind.  Passenger vans handle very differently from smaller passenger vehicles because they are typically longer, higher, and wider. They require additional reliance on the side mirrors for changing lanes, more space, additional braking distances, and have a higher risk of crashes and rollovers if not properly driven and maintained. Driver should be well trained and experienced. The Tennessee Department of Transportation suggests the Rivers Program

R            Rest well. Fatigue can affect driving and response time.

I            Inspect the vehicle before every trip, especially the tires.

V            Vehicle weight should never exceed the Gross Vehicle Weight Rating.

E            Ensure all passengers are buckled up and side mirrors adjusted.

R            Replace old tires. Check the vehicle owner’s manual for correct size.

S            Safety is First.

If you or a loved one is injured or killed in a Tennessee vehicle accident caused by a negligently driven or maintained passenger van you owe it to your family to consult with an experienced Nashville personal injury lawyer, like one of the attorney’s at Phillip Miller & Associates. Call 615-356-2000 and come in for a free consultation about your loss.

Practice Bicycle Safety

Bicycling is encouraged as an alternate mode of transportation to motor vehicle travel and more and more riders are using bicycle as their daily mode of transportation. As a Nashville automobile accident attorney I have handled dozens of cases involving a collision between and automobile and a bicycle.

In 2007, 698 bicyclists were killed and an additional 44,000 were injured in traffic crashes. bicyclist deaths accounted for 2 percent of all traffic fatalities, and bicyclists made up 2 percent of all the people injured in traffic crashes during the year.

The number of bicyclist fatalities in 2007 is 14 percent lower than the 814 fatalities reported in 1997. The highest number of bicyclist fatalities ever recorded in the Fatality Analysis Reporting System (FARS) was 1,003 in 1975. Bicyclists accounted for 13 percent of all non-occupant traffic fatalities in 2007.

I’m pleased to be able to give you some good news in what is often a blog made up of tragedy and death. Tennessee is becoming a more bicycle-friendly state. The League of American Bicyclists says Tennessee jumped 19 spots to 24th in the group’s annual rankings. Officials attributed the new rating to better collaboration among the Tennessee Department of Transportation and regional and municipal planners, and other factors.

If you or a loved one is injured or killed in a Tennessee automobile bicycle accident contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and take advantage of a free consultation to determine your rights and remedies.

Children's Bicycle Safety

I haven’t spent musch time in this Blog on several aspects of child safety as it applies to children riding bicycles in Tennessee. The Legislature focused on two safety aspects that I thought I would bring to your attention. The first aspect is head safety and the second is bicycle passenger safety. Take a look at the statute set forth below and if you have any questions give us a call (615-356=2000) or check our web site.

With regard to any bicycle operated over any highway, street or sidewalk, it is unlawful:

(1) For any person under sixteen (16) years of age to operate or be a passenger on a bicycle unless at all times when so engaged such person wears a protective bicycle helmet of good fit fastened securely upon the head with the straps of the helmet;

(2) For any person to be a passenger on a bicycle unless, with respect to any person who weighs fewer than forty pounds (40 lbs.), or is less than forty inches (40²) in height, the person can be and is properly seated in and adequately secured to a restraining seat;

(3) For any parent or legal guardian of a person below twelve (12) years of age to knowingly permit such person to operate or be a passenger on a bicycle in violation of subdivision (1) or (2); and

(4) To rent or lease any bicycle to or for the use of any person under sixteen (16) years of age unless:

(A) The person is in possession of a protective bicycle helmet of good fit at the time of such rental or lease; or

(B) The rental or lease includes a protective bicycle helmet of good fit, and the person intends to wear the helmet, as required by subdivision (1), at all times while operating or being a passenger on the bicycle.

[Acts 1993, ch. 399, § 6; 1998, ch. 684, § 2; 2000, ch. 916, § 5.]

If you or a loved one is injured or killed by an automobile while riding a bicycle in Tennessee contact the experienced Tennessee auto accident attorney’s at Phillip Miller & Associates and take advantage of our free consultation to determine your rights and remedies.

Think Before You Chase

This past week I have reported on several cases of accidents following police chases. Police chases are potentially dangerous events and must be used sparingly after clear thought. Often times police are responding to a crime in progress and for strategic purposes cannot use their emergency flashers and sirens.

Other times, like the case in point, a reasonable man might question whether a police chase was the best thing under the circumstances. In this case a mother called 911 to report that her son was on drugs and possibly suicidal and had left the house on his motorcycle.

A Sullivan County Sheriff’s deputy engaged the youth and initiated a high-speed chase with the boy. When the supervisor found out that the officer was driving at speed in excess of 85 MPH, he called off the chase. Either the officer didn’t hear the call off or he ignored it, and moments later he lost control and left the roadway, slammed into a utility pole and launched airborne and crashed into a cemetery.

Had another driver or a pedestrian suffered injuries or death as the result of the chase, an experienced Tennessee automobile accident attorney, would certainly have questioned whether the officer acted in a negligent manner. Factors that would be considered are the danger to the young man on the motorcycle compared to the need to immediately arrest him.

The officer was aware that he was on drugs and was suicidal so chasing him put him at serious risk of death or of injuring another. The officers knew who he was and where he lived and that they would catch up to him eventually. What would the officer have done when he got close enough to the boy, ram him or force him off the road? Thsi was a bad chase.

From the information put out by the local media I would have to say that the chase was unwarranted, and in fact, foolish on the part of the officer and had another person or the boy been injured he and the County would be liable for the injuries. I’m glad the officer was not seriously hurt when he lost control of his police vehicle and I wish him a quick and speedy recovery.

If you or a loved one is injured or killed in a Tennessee automobile accident caused by a negligent police officer or other governmental agent recovering damages can be a tricky proposition and that’s why, in cases like this, you need an experienced Nashville automobile accident lawyer to handle your case. The lawyers at Phillip Miller & Associates have handled dozens of Governmental Tort cases over the years and can guide you skillfully through the process. Call 615-356-2000.

Distracted Teen Driver

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.

A good example of what I’m saying is a recent case in Clarksville, Tennessee in which a teen driver failed to yield to an oncoming police car and turned right into it. One has to ask, what was this teen driver doing that caused her to take a blind eye to a well-marked police car? With teen girls, my first thought is that she was texting or using her cell phone. Other distractions for young women include, applying make-up and just not paying attention to her surroundings, known as cognitive disassociation.

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.

In addition to graduated drivers license 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.

Share The Road

The Tennessee Department of Safety and Homeland Security has once again joined the annual May campaign to encourage motorcycle riders, bicyclists and drivers to “Share the Road,” with a safety festival held Saturday afternoon at Scoreboard Bar and Grill in Nashville. The event began at 2 p.m. The media event scheduled for 5 p.m. was cancelled due to rain.

Other agencies involved in Saturday’s festivities included the Governor’s Highway Safety Office, the Motorcycle Awareness Foundation of Tennessee, Motorcycle Rider Education Program, Tennessee Truckers Association, Walk/Bike Nashville, AARP Senior Driver’s Course, Tennessee Operation Lifesaver, Tennessee Bikers Education Association and Rider’s Edge.

“As the weather improves, more motorcyclists and bicyclists are traveling on local and state roadways,” said Department of Safety and Homeland Security Commissioner Bill Gibbons. “This festival is essential in educating motorists on the how-to’s of sharing the road and reminding motorcyclists to become properly trained before hitting the highway. Our collective goal is to keep all cyclists safe.”

Departing from East (Maryville, Knoxville) and West (Jackson) Tennessee this morning, motorcycle riders descended on Nashville to participate in the annual rider festival. The festival featured a bike show with a $500 “Best of Show” prize, Police Rodeo Riders and Stunt Riders demonstration, as well as a Tennessee Highway Patrol Motor Unit demo. Bike Rodeo and Bike Safety will also be a part of the event, and information on motorcycle rider courses will also be made available.

“While motorists are cautioned to look out for motorcyclists or bicyclists, the riders should also help make themselves visible by wearing bright colors and using reflective tape,” stated GHSO Director Kendell Poole. “Our priority is to increase safe riding between all road users and motorcyclists in an effort to reduce the number of fatalities on Tennessee highways.”

Nationwide, 2009 was the first year that motorcyclist fatalities decreased since 1997. In Tennessee, the number of motorcyclists killed in crashes increased from 122 in 2009 to 138 motorcycle fatalities in 2010. Statistics for 1998-2010 and a list of Motorcycle Safety Tips are attached to this release.

“It is imperative that motorcyclists educate themselves by taking an accredited training course and never ride beyond their skill ability,” said John Milliken, Program Coordinator for the Motorcycle Rider Education Program (MREP). “They are much more vulnerable than passenger vehicle occupants. The proper knowledge, training and protective wear will help make motorcyclists safer and more effective on the roads.”

MREP, a Department of Safety and Homeland Security plan, approves courses and instructors across the state. To find out more about the program, go to: http://tn.gov/safety/mrep.htm

Tennessee is also committed to creating safer roads for bicyclists as well. In 2007, the state passed the Jeff Roth and Brian Brown Bicycle Protection Act, commonly referred to as the 3-feet law. It states that a motor vehicle must give a safe zone of no less than 3 feet when passing a cyclist on a road in the state of Tennessee; a violation of this law is a Class C Misdemeanor.

Motorcyclists and bicyclists must also share in the responsibility by following the rules of the road and wearing protective gear. Tennessee law requires the more than 300,000 Tennessee riders and their passengers to wear approved helmets and protective eyewear.

The mission of the Motorcycle Awareness Foundation of Tennessee (MAFT) is to remind drivers to stay alert for the less visible motorcycles on the roadways. To find out more information about the MAFT, go to www.maft.us.

If you or a loved one is injured or killed in a Tennessee motorcycle accident, you owe it to your family choose an experienced Tennessee motorcycle accident attorney, one who has experience and special training and certification to maximize your recovery. We have these kind of attorney’s at Phillip Miller & Associates. Call us at 615-356-2000