Share The Road Safely

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.

This past legislative session marked a success of great importance for creating safer roads all across the state of Tennessee. Entitled the Jeff Roth and Brian Brown Bicycle Protection Act of 2007, this bill designates a safe passing zone of three feet for motor vehicles when overtaking a bicycle on the roadway and classifies violation as a Class C misdemeanor.

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.

Three years ago researchers at the University of Utah released preliminary results of their study of the impairment level of drivers using cell phone.  This past month the final report has been released. The report shows that motorists who talk on handheld or hands-free cellular phones are as impaired as drunken drivers.

“We found that people are as impaired when they drive and talk on a cell phone as they are when they drive intoxicated at the legal blood-alcohol limit” of 0.08 percent, which is the minimum level that defines illegal drunken driving in most U.S. states, says study co-author Frank Drews, an assistant professor of psychology. “If legislators really want to address driver distraction, then they should consider outlawing cell phone use while driving.”

Psychology Professor David Strayer, the study’s lead author, adds: “Just like you put yourself and other people at risk when you drive drunk, you put yourself and others at risk when you use a cell phone and drive. The level of impairment is very similar.”

As an experienced Nashville auto accident lawyer the report clearly shows that the best approach to take is to totally avoid using your cell phone, hands on or hands free, while you are driving.

Practice ATV Safety

As an experienced Nashville automobile accident attorney I try to keep abreast of all things related to highway safety. A recent ATV accident reported in local West Tennessee media about a man who crashed his ATV into a ditch and was pinned underneath it under water definitely reminded me to report some sobering statistic to my readers.

Recent studies show that ATV related fatalities increased nearly 60% between 2000 and 2005, while during the same period non-fatal injuries rose 48%. A litany of serious injuries such and traumatic head injuries, spinal injuries, and leg, toe and hand amputations, result from ATV crashes.

Some highway traffic safety professionals believe that multi-rider ATV accident victims were more than 10 times as likely to require an amputation as riders involved in an accident with a conventional single-rider ATV. If you would like to find out more about ATV safety you can go to my website at Phillip Miller & Associates.

Agressive Driver

Aggressive driving is a major concern of the American public, ranking at or near the top of traffic safety issues in national surveys of motorists. However, the concept of aggressive driving is not well defined, and its overall impact on traffic safety has not been well quantified due to inadequacies and limitation of available data.

Although studies of aggressive driving have defined the issue in a number of different ways, most suggest that young males are more likely than other demographic groups to drive in ways that may be considered aggressive or dangerous. Some studies suggest that individual differences in personality play a significant role in one’s propensity toward aggressive or dangerous driving, and that people who drive aggressively are more likely than others to have other psychiatric or behavioral issues outside the specific context of driving.

In contrast, others point out that very polite and well-mannered people, who wouldn’t even think of cutting in line at the grocery store or doing other rude behaviors, act very rude and aggressive when behind the steering wheel, including late merges to cut in line.

Studies have also found aggressive behavior increases under states of stress and that certain driving situations such as traffic congestion can evoke stress. Moreover, it is important to recognize that an aggressive driving act by one driver can trigger a disproportionate response, sometimes even escalating to the level of “road rage,” which is a criminal act of assault which may stem from a confrontation that occurred on the road.

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.

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

Child Safety Seats Save Lives

A 20-year-old Maury County woman took the time to buckle her seat belt but didn’t bother to secure the 6-year-old boy with her. For some unknown reason she ran off of the road, overcorrected and returned to the roadway and rolled ejecting the child and rolled again before coming to a rest. The Trooper who investigated stated in the report that had the child been properly restrained there would have been a different outcome for this unfortunate child.

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

Asleep At The Wheel

A Tennessee man admitted that he fell asleep moments before his truck crossed the centerline and slammed head-on into a car with 2 people aboard. The 43-year-old mother was critically injured and suffered massive head trauma, a crushed left arm, spinal cord injuries and broken legs, hip, and collarbone, her daughter was treated for a sprained ankle. My prayers go out to the family and friends of these two women.

In addition to the falling a sleep, he admitted he had been drinking and police found an open can of beer. According to local news media the DA will decide on what charges will be brought when he has a chance to review the results of the blood test.

Drunk driving is one of America’s deadliest crimes. 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.

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.

Stay awake and stay alive. If you or anyone you know has been injured or killed in a Tennessee car accident, please contact 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.

A Lenoir City woman drove her car through the front windows of the Lenoir City Eye Center has sent two women to a hospital with minor injuries. The driver told police that there was some problem with the accelerator. The car went through the glass and 15 feet into the store. The driver was unhurt.

Local media reports fail to identify the woman or anything about her, such as age, medical condition or driving records.  Age and medical condition are important to determine what might have caused the problem.

The good news is that seniors are among the safest drivers on the road and many limit their driving to compensate for age related health and functional changes.

Confused Driving

The bad news is that seniors are more likely to be seriously injured or killed when involved in a crash. With advancing age come changes in medical health and function that impact on the ability to drive safely.

If you or a loved one is injured or killed in an accident caused by an elderly driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and take advantage of a free consultation. Call 615-356-2000

Double Tractor-Trailer Fatality

The Tennessee Highway Patrol is investigating a one-vehicle accident that killed two New York men riding in a tractor-trailer just before 6 a.m. today on Interstate 40 in Decatur County. Officials said the truck was west bound on I-40 and six miles west of Sugar Tree when it ran into the median, hit a beam, went over a bridge barrier and caught fire.

As an experienced Nashville automobile accident attorney my best guess is that one of three things caused this accident. The driver had a medical emergency, fell asleep at the wheel of was somehow distracted and left the roadway.

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.

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.

As our population ages we might expect to see more Tennessee automobile accidents caused by drivers who suffer medical emergencies while they are driving. Incidences of drivers who had crashes precipitated by their medical emergencies while driving are relatively rare and account for only 1.3 percent of all road fatalities.

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.

If you or a loved one is injured or killed in a Tennessee tractor-trailer traffic accident contact the experienced Nashville tractor-trailer accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to determine your rights and remedies.

Some People Just Don't Get It

As an experienced Nashville automobile accident attorney, I regularly run across people who can’t seem to get the idea that drinking and driving is dangerous. These people drive drunk, get into the system, pay fines, go to alcohol school, lose their licenses, and yet they continue to driver drunk.

A 29-year-old Campbellsville, Kentucky man, is this exact kind of person. Operating a vehicle drunk, on a DUI suspended license, he drove his car off the road and slammed into a tree, killing one passenger and seriously injuring himself and two others.

The driver faces charges of murder, two counts of assault, second-offense aggravated DUI and second-offense operating on a DUI suspended license. One would think that this would be enough to get his attention but, we’ll have to wait and see.

If you or a loved one is injured or killed in a Nashville auto accident caused by a drunk driver, you owe it to your family to 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. Call 615-356-2000.

Roadway Departure Crash

In a terrible one-car roadway departure crash, where the vehicle went off the roadway and into the median, then dropped underneath the bridge striking a concrete retaining wall, and then went airborne and landed on its top on the railroad tracks.. A witness to the accident called 911 and reported the incident. Remarkably, the two Kodak, Tennessee men are listed in stable condition.

The Knoxville Fire Department responded and removed the vehicle from the train tracks. 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.

The lesson for Nashville drivers is that you must keep all of your attention on the acting of driving and avoid distractions. You never know when another driver is going to fall asleep, have a medical emergency or get distracted and leave their lane and initiate a deadly collision.

If you or a loved one is injured or killed in a Tennessee car crash by a distracted driver or a case like the present one that will require an experienced Tennessee automobile accident lawyer contact the lawyers at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.