Practice Interstate Highway Safety

A Brownsville, Tennessee man was killed when he was struck by a tractor-trailer truck while he was standing outside of his vehicle on Interstate 40 near mile marker 66, according to local media reports. The 45-year-old man had parked his vehicle in the right emergency lane with its flashers on and was standing outside, according to the reports.

The driver of an eastbound tractor-trailer was traveling in the right lane, saw the vehicle pulled over, and merged to the left lane in plenty of time. According to the fatality report filed by the THP, the man waved his hands as the tractor-trailer approached and jumped into his path, striking the right running board. From the media reports it appears that the tractor-trailer driver did everything by the book, but was unable to avoid the suicide by truck.

For these and other important Tennessee highway safety tips visit the website of Phillip Miller & Associates or call 615-356-2000

Medical Emergency

A medical emergency for a 62-year-old Mt. Juliet, Tennessee woman lead to an interstate highway accident involving an unmarked Wilson County Sheriff’s Car.

According to local media reports the woman was traveling east on Interstate 40 at about 2:30 p.m. in her 2001 Buick Sentry beside an unmarked 1998 Ford Crown Victoria driven by a Deputy from the Wilson County Sheriff’s Office when she began having problems with her blood sugar due to diabetes.

According to the report she drifted into the Deputy’s lane, causing him to drift into the median. He then lost control of the car, traveled back across both lanes of the interstate sideways and ran off into a tree line. The deputy, who was not wearing a seatbelt, was injured in the accident and taken to Vanderbilt University Medical Center. The woman and a passenger were both wearing seatbelts and were not injured.

Incidences of drivers who had crashes precipitated by their medical emergencies are rare. While they are driving are relatively rare and account for only 1.3 percent of all road fatalities. Older drivers have relatively higher incidences of crashes precipitated by drivers’ medical emergencies when compared to young and middle-age drivers. Drivers in crashes precipitated by medical emergencies were more likely than other drivers to be severely injured or to die as a result of the crash.

Patient education by health care providers on early warning signs of a health crisis, such as warning signs before seizure attacks, diabetic or hypoglycemic comas and potential side effects of medications are recommended as the most effective countermeasure.

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

Dangerous Vehicle

I have been following a horrific interstate accident that took the life of a young woman and seriously injured several others on I-40 West of Nashville. The accident draws attention to the dangers of 15 passenger vans like those used by churches, day care centers, colleges and universities.

In recent warnings issued by the National Highway Traffic Safety Administration, the NHTSA said that it is directing the advisory to church groups, other non-profit organizations and colleges that may be keeping older 15-passenger vans in service longer than usual because of tight transportation budgets.

Pre-primary, primary and secondary schools should not use 15-passenger vans for transporting school children, as they do not provide the same level of safety as school buses. It is also against federal law for schools to buy new 15-passenger vans for school transportation purposes.

Here are some safety tips for anyone planning a trip in 15-passenger vans:

* If you are an owner, make sure the vehicle is properly maintained.

* Owners should make sure drivers are fully trained and experienced in operating a 15-passenger van and are properly licensed.

* 15-passenger vans are very sensitive to loading and should not be overloaded under any circumstances. Agency research shows overloading not only increases rollover risk but makes the vehicle more unstable in any handling maneuvers.

* Owners should make sure that properly sized tires are being used on their vehicles.

* Before every trip, drivers should check the tires for proper inflation, and make sure there are no signs of wear. Correct tire size and inflation pressure information can be found in the owner’s manual.

* If you are a passenger, make sure you buckle up for every trip.

The driver of the van in question was a 24-year-old church member who, according to local media reports fell asleep while driving. The deceased child was not wearing a seat belt.

If you or a loved one is injured or killed in an accident caused by a 15 passenger van, contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates. Call 615-356-2000

Don't Drink and Drive

Today’s Chattanooga Times-Free Press had an interesting article by writer Mariann Martin that I think is important for every Tennessean interested in highway safety. The article concerns the use of roadblocks and saturation patrols to prevent drunk driving. I’d love to hear your thoughts about the issues raised herein.

Georgia held 80,000 roadblocks in past 4 years

by Mariann Martin

Most states receive federal funding for roadblocks and other highway safety programs, administered through the Governors Highway Safety Association. Funding for the Alcohol-Impaired Driving Countermeasure Incentive Grant, which requires states to use half the grant for sobriety checkpoints or saturation patrols, increased from $40 million in 2005 to $139 million in 2009. Over the last 10 years, Georgia has received $24.6 million in funding from that grant, while Tennessee has received $16.3 million.

Last year, the Georgia State Patrol held 9,800 roadblocks across the state, an average of 26 a day, with about 37,000 man-hours invested in the checkpoints. In comparison, the Tennessee Highway Patrol held 563 roadblocks, an average of fewer than two a day. The Alabama Highway Patrol more than tripled in the last five years the number of roadblocks it holds, and it fell between Tennessee and Georgia with 2,487 roadblocks in 2010.

In addition to roadblocks held by state police, local law enforcement agencies in Georgia reported holding 9,423 roadblocks to the Governor’s Office of Highway Safety under a voluntary reporting system. About two-thirds of local agencies reported their numbers. Altogether, Georgia law enforcement agencies reported holding more than 80,000 roadblocks over the last four years.

Some people call Georgia’s roadblock numbers shocking, a violation of individual rights that cannot be justified by the need to check for driving violations or drunken drivers. Law enforcement officials say the roadblocks are part of the state’s successful highway safety program. The proof can be shown by the decrease in traffic fatalities, dropping from 1,729 fatalities in 2005 to 1,284 in 2009, they say.

“What we’ve found is that checkpoints are an effective tool to raise public awareness, to deter impaired drivers,” said Spencer Moore, deputy director for the Georgia Governor’s Office of Highway Safety. “With these checkpoints, we believe the numbers will continue to go in the right direction. Because, for our office, one fatality is one too many.”

But Gary Biller, executive director of the National Motorists Association, which was founded to represent the rights of motorists, said the numbers are alarming and that police roadblocks do not lessen fatalities. Research has shown that most arrests for driving under the influence are made by patrolling officers, not those in roadblocks, he said.

“Even from a common-sense standpoint, it is a very high number,” said Biller, whose organization contends that most roadblocks violate the Constitution’s Fourth Amendment governing unlawful search and seizure. “With that many roadblocks, law enforcement is casting a very wide net. They are generating a reason to find probable cause.”

REDUCING FATALITIES

Proponents of roadblocks cite the drop in traffic fatalities over the last decade as justification for them. But statistics do not show a clear correlation between more roadblocks and lower fatality rates. It is true that Tennessee has a slightly higher crash-fatality rate than Georgia, but only slightly. In 2009, the most recent numbers available, Tennessee had a little more than 15 vehicular accident deaths per 100,000 residents, while Georgia had about 13. Both states had significant drops in traffic fatalities over the past five years, although both still rank higher than the national average. In Georgia, about 26 percent of those deaths in 2009 were linked to impaired driving, while about 31 percent of Tennessee traffic fatalities involved crashes linked to alcohol impairment.

Alabama, whose state roadblock numbers fall between those of Georgia and Tennessee, had a higher number of fatalities overall and of DUI related-fatalities than either neighboring state. In 2009, the state had 18 crash fatalities per 100,000 residents, with 33 percent of those linked to impaired driving.

However, states such as Michigan, Minnesota, Oregon, Rhode Island, Washington and Texas, which are among a dozen that prohibit roadblocks under a state constitution or by some other means, had lower fatality rates than all three states.

STATE DIFFERENCES

Georgia and Tennessee have slightly different state Supreme Court rulings regulating how roadblocks are held, with Tennessee having more stringent requirements. That difference is likely the main reason the states have such disparate numbers, according to Richard Holt, law enforcement administrator with the Tennessee Governor’s Highway Safety Office.

Tennessee requires public notice be given in advance of when and where a roadblock will be held. The notice must be printed in the local newspaper and announced on local radio stations. Georgia does not require advance notice, but the roadblock must be approved by a supervisor in the agency involved.

“It requires a little more planning on our part, and that is probably why we don’t have as many,” Holt said. “But I also think it is a fair way; it is something that is planned and not just set up ad hoc.”

Holt said the requirements may be a double-edged sword. They limit the number of roadblocks, but public notices increase publicity and awareness about sobriety checkpoints. Sometimes officials will announce several roadblocks but end up holding only one because of manpower constraints or other reasons, he said. Nevertheless, the public notice even for roadblocks not held is a deterrent, he said.

Overall, he said he thinks the limitations placed on law officers regarding roadblocks are a good thing and have not lessened their ability to reduce crashes and fatalities.

Instead of roadblocks, Tennessee law enforcement agencies hold saturation patrols, Holt said. In such patrols, officers drive around areas that have a high number of DUI incidents or crashes and pull over drivers who are driving unsafely or illegally.

“In our case, we have found them to be more effective than roadblocks,” Holt said. Capt. David McGill, who heads the Tennessee Highway Patrol in the Chattanooga area, said his agency is not given specific guidelines on how many roadblocks to conduct. Each district captain makes those decisions based on manpower available and data on crash and DUI statistics, he said.

But a roadblock must be approved by department heads in Nashville before it is held, McGill said. The agency also provides the information to local media and the local district attorney, he said.

In addition, all officers participating in the roadblock are read the highway patrol’s general order for conducting a roadblock before they begin, McGill said, and, under that general order, at least four officers must conduct the roadblock and it must be held a maximum of two hours. The agency also videotapes roadblocks.

“I would say we provide a good amount of checkpoints here in the Chattanooga district,” McGill said. “It is a good public relations tool and a way to interact with our communities.”

Lt. Paul Cosper, spokesman for the Georgia State Patrol, and Moore, with the Governor’s Office of Highway Safety, also cited statistics to show that, even though Georgia holds vastly more roadblocks, they are effective and a good use of personnel.

“When they hold a checkpoint, officers hand out tickets for a lot of different kinds of violations,” Cosper said. “It may range from DUI to having bald tires; all things that pose a danger to safety.”

Under Georgia case law, the decision to implement the roadblock must be made by supervisory personnel rather than officers in the field, and all vehicles are stopped as opposed to random vehicle stops. In addition, the delay for motorists is minimal, the roadblock operation is well identified as a police checkpoint and officers must be properly trained.

“These checkpoints are being held all over the state,” Moore said. “It is very effective in deterring other types of crime as well; it is very good for overall public safety.”

LOCAL LAW ENFORCEMENT

The Georgia State Patrol is not the only agency conducting many roadblocks a year; even small Georgia law enforcement agencies hold dozens. Varnell in Whitfield County, with a population of about 1,600 and a police force of seven listed on the town’s website, reported holding 40 roadblocks last year. Officers made 32 DUI arrests in 2010, according to numbers reported to the state.

Numbers of roadblocks held vary widely from county to county and from year to year. In general, the number of roadblocks does not seem to increase the number of DUI arrests. All arrest numbers reported are total DUIs, not just those made at roadblocks. For example, the Whitfield County Sheriff’s Office reported 111 roadblocks in 2007, a year in which it charged 194 people with DUI. In 2009, the agency held 29 roadblocks but charged 236 people with DUI.

The Catoosa County Sheriff’s Office reported 59 roadblocks in 2010, with 153 DUI arrests. In 2009, it held 86 roadblocks and made 126 DUI arrests.

Tennessee does not track local law enforcement roadblocks, so numbers were not available. Several local law enforcement agencies, including the Chattanooga Police Department, the Bradley County Sheriff’s Office and the Cleveland Police Department, said they generally hold roadblocks only in conjunction with the Tennessee Highway Patrol.

Law enforcement officials in Georgia have said their roadblocks are held under federal and state guidelines for traffic safety.

But some Georgia lawyers said having so many roadblocks so frequently raises questions about why the roadblocks are held and whether they may violate U.S. Supreme Court Fourth Amendment rulings.

Atlanta attorney Charles Kuck called the Georgia numbers “shocking.” As an immigration lawyer, he sees many illegal immigrants arrested in roadblocks and held for possible deportation, he said. “It raises questions about the real reason they are holding these roadblocks,” he said.

EFFECTIVENESS QUESTIONS

National highway safety and insurance groups agree with Georgia’s stance on roadblocks, but other groups say the state risks violating citizens’ rights.

“It’s about frequency and visibility,” said Russ Rader, with the Insurance Institute for Highway Safety, a nonprofit organization that promotes highway safety. “Research shows sobriety checkpoints are very effective as a deterrent to drinking and driving. The key thing about checkpoints is that they create an atmosphere where people are aware of the dangers.”

Judie Stone, president of Advocates for Highway and Auto Safety, took her affirmation a step further. “Ten thousand checkpoints are going to be more effective than the fewer numbers,” Stone said. “If you do it only sporadically, people are going to be able to get away with impaired driving. They are not perfect, but the number of traffic fatalities [has] gone way down with increased awareness and checkpoints.”

Biller disagreed. His organization supports safe driving and programs to reduce traffic fatalities and DUIs, he said, but the numbers do not show that roadblocks help lower fatality rates. He cited one study done recently in California that shows only 2.3 percent of DUI arrests in the state were made at roadblocks.

“Police patrols are much more effective as opposed to stopping everyone,” he said. “They are inconveniencing a large number of drivers to find that one driver.”

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

Police Negligence

A recent automobile accident in East Ridge, Tennessee raises some interesting questions about the liability of local police for a accident which left a man in serious condition at a Chattanooga hospital. East Ridge police responded Tuesday evening to reports of a tractor-trailer wedged inside the tunnel on Ringgold Road.

Officers arrived on the scene and closed Ringgold Road at South Seminole Drive to assist in the removal of the truck. About 20 minutes after officers had closed the road, a gray Chevrolet Monte Carlo drove around officers and entered the tunnel.

One of the officers jumped into his patrol vehicle and attempted to catch up to the Monte Carlo to stop him from possibly hitting the truck or emergency workers inside. Apparently the officer set off at a high rate of speed and as he rounded a curve, the Monte Carlo was stopped and he slammed into the vehicle.

As an experienced Nashville automobile accident attorney, I have several questions. If police didn’t want other vehicles to enter the tunnel, why didn’t they have officers there to prevent vehicles from passing through? If the officers were concerned that the vehicle would injure emergency workers in the tunnel, why did the officer tear off at such a high speed?

I am not representing the injured man, but if I was I would certainly be calling on the City of East Ridge to answer these questions. This accident, from start to finish, looks to me like it was caused by negligent police work.

If you or a loved one is injured or killed in a Tennessee car accident caused by a negligent police officer, or other governmental official, seeking recovery can be a bit tricky and you will need an experienced Tennessee automobile accident lawyer to successfully pursue that claim. You can find lawyers like this at Phillip Miller & Associates. Call 615-356-2000.

Beware Freerunning Animals

I regularly Blog about the problem of motorists hitting deer or cattle as they drive the highways of Tennessee, and, although deer can be a problem all during the year, they are more dangerous during certain seasons. There are no seasons for escaped cattle and horses, so when driving in rural areas a driver must be always on the alert.

The same warning applies to domestic animals, usually cats and dogs, who are allowed by their owners to run loose in violation of municipal ordinances. Although our first instinct is to swerve and avoid a collision with Bambi, Felix or Rover, as an experienced Nashville automobile accident attorney I always advise against the instinctive move, swerving to miss the animals often causes vehicles to go off the road. Frequently, those vehicles then hit trees or power poles. Instead, highway safety experts say, motorists should hit the critter.

Metro Nashville police say a vehicle ran off a city street early Monday and overturned, ending up on the front steps of a home. The driver told police he swerved to avoid hitting a cat in the road. According to local media reports, the cat was owned by the people who owned the house that was damaged. Out of deference to the concept of karma, I will not make any further comments.

Since allowing your pet to run free in Nashville is a citable offense, an experienced Nashville automobile accident attorney would certainly focus on the homeowners as the liable party for violating the law and causing the accident.

If you or a loved one is injured or killed in a Nashville accident caused by the negligence of another, contact the experienced Nashville auto accident lawyers at Phillip Miller & Associates, and take advantage of a free consultation. Call 615-356-2000.

Drink and Drive and Pay The Price

A 45-year-old Gainesboro, Tennessee woman who was allegedly intoxicated when she ran a stop sign and caused a traffic crash, in November of 2010, that left one dead and several others injured has been indicted by the Putnam grand jury. She is charged with vehicular homicide and six counts of aggravated assault in the case, according to local media reports

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. That is down from 377 people killed in 2007 with a BAC of .08 or higher.

If you are a loved one is injured or killed in a Tennessee car accident caused by a drunk driver you owe it to yourself to contact an experienced Nashville auto accident lawyer like those at Phillip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies.

Motorcyle Safety

As an experienced Nashville motorcycle accident attorney, I have seen some many different permutations of fatal motorcycle accidents that it is hard to categorize them. In rural areas a rider has to keep alert for gravel driveways that have been washed by rain or just from normal traffic, onto the highway.

A 64-year-old Nashville man found out the hard way while driving along Kentucky State Highway 185. He got mixed up in gravel from a driveway, lost control of his motorcycle and struck a guardrail. He is presently at Vanderbilt Medical Center in critical condition. Out prayers go out to this man in hopes of a speedy and complete recovery.

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.

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.

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.

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.

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.

Phillip Miller – Protecting the Rights of Motorcycle Accident Injury Victims

The injuries that you or someone you love has sustained in a motorcycle accident can be difficult enough to face, without worrying about who will pay for hospital bills, repair bills, lost income, and any rehabilitation you or your loved one may need.  You may even be facing life without your loved one if they were killed in a motorcycle accident.  Who is going to pay the bills now, and who is going to compensate you for your tragic loss?

If you or a loved one is injured in a Tennessee motorcycle accident contact our experienced Nashville accident attorneys at Phillip Miller & Associates and learn about your rights and remedies. Do this before you deal with the other persons insurance company so that you are prepared and on an equal footing. Call 615-356-2000.

Drunk Tennessee Driver

As an experienced Nashville auto accident attorney, I often see or read about accidents that happen on the highways and byways of Tennessee that make me stop and wonder how no one lost their lives.

I just read about such and accident on I-24 in East Ridge, Tennessee. According to local media sources a police officer witnessed a man driving on I-24 in the wrong direction. The vehicle slammed head-on into an oncoming vehicle and another car following that vehicle was unable to avoid hitting it. Through the grace of God, no one was killed.

It was fortunate that the officer was on the scene so quickly because the male driver was trying to flee the scene on foot. Police were unable to identify the man because he had two sets of identification with different names. The man has been charged with DUI, four counts of vehicular assault, six counts of reckless endangerment, violating the implied consent law and driving without a license.

This incident shows that, as we drive the highways we can never take anything for granted. We must always keep focused on the road and other vehicle around us. In a situation like this there is very little time to react and very few moves to make.

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

Share the Road Safely

As an experienced Nashville auto accident attorney I have seen a whole array of different highway collisions, but I can only remember a few that involved a tractor-trailer and a horse-drawn buggy. A collision like that can’t ever have a happy ending.

Hopkinsville Kentucky Police are investigating a Friday evening collision between a tractor-trailer and an Amish horse and buggy that left a 3-year-old little girl dead.

Police say the child was a passenger in her family’s horse and buggy on Highway 41-A, a four- lane highway with a grassy median. The child was killed instantly when an 18-wheeler, driven northbound on Highway 41-A, by a 52-year-old man, from Robinson, Illinois struck the buggy. The truck had just left the Wal-Mart distribution center. The highway does have signs warning of horse and buggy travelers.

The police report and local media went on to say that the truck driver failed field sobriety tests, and was deemed under the influence of a drug, or narcotic. Police believe that lab results from blood and urine tests will give them a precise and more scientific idea of what foreign substance might have been in the truckers system at the moment of impact.

The driver of the tractor-trailer told police he glanced down to get a cigarette at the precise moment he came upon the horse and buggy he rear-ended. In a media report out of Nashville it appears that the Commonwealth Attorney plans to charge the trucker with murder, driving under the influence, three counts of assault, first degree, and criminal mischief.

The rest of the child’s family, her father, mother and teenage sister are all being treated at Vanderbilt Medical Center in Nashville.

The principal concern regarding drugged driving is that driving under the influence of any drug that acts on the brain will impair one’s motor skills, reaction time, and judgment. Drugged driving is a public health concern because it puts not only the driver at risk, but also passengers and others who share the road.

As an experienced Tennessee tractor-trailer accident attorney I can tell you that it takes less than 2 seconds of taking your eyes and mind off of your driving before you can lose control of whatever vehicle you are driving and crash.

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 crash caused by a drugged driver you owe it to yourself to contact the experienced Tennessee automobile accident attorney’s at Phillip Miller & Associates and take advantage of a free consultation to find out about your rights and remedies. Call 615-356-2000.