Archive for November 2011

Nov302011

Nashville Personal Injury Attorney Reminds Tennessee Drivers What To Do When They Come Upon A Funeral Procession

Yield To Funeral Processions

Yield To Funeral Processions

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, the funeral procession is being directed by a private agency officer who 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.

Reference an article on the website of the Memphis Commercial Appeal reporting on the injury to a funeral escort motorcyclist when a car tried to cut through the procession and turned in front of him while he was directing a funeral procession. The driver of the car was given a citation for failing to yield to a funeral procession.

A co-worker of the injured man said that people cutting through funeral processions are a constant problem for escort services, particularly in Memphis. The co-worker added that in outlying areas, such as Southaven and Millington, motorists pull over respectfully and wait for the group to pass.

If you or a loved one is seriously injured or killed in a Nashville auto accident contact the experienced Tennessee personal injury lawyers at Phillip Miller & Associates and find out about your rights and remedies. Call 615-356-2000.

Nov302011

Nashville Personal Injury Lawyer Reminds Tennessee Drivers That Child Safety Seats Reduce Fatal Injuries

As an experienced Nashville personal injury attorney, I can tell for a certainty that 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.

Child Safety Seats Save Lives

Child Safety Seats Save Lives

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.

I have good news for citizens of Hamilton County Tennessee. The Hamilton County Sheriff’s that his safety team will be available for parents at the Sheriff’s West Annex on the first Tuesday of each month during the hours of 11:00 AM to 1:00 PM, and on the second Tuesday of the month at the same time at the Highway 58 K-Mart. My hat is off to the Sheriff for this program.

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. Call 615-356-2000.

Nov302011

Nashville Personal Injury Lawyer Reminds Holiday Drivers To Avoid Distractions

Avoid Distracted Driving

Avoid Distracted Driving

During the holiday season I can’t say enough about avoiding driving distractions. Nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the event. The only way we are going to change the culture of distracted driving is for each one of us to commit to making a conscious effort to avoid multi-tasking when we drive.

Multi-tasking is a fact of life – we all face constant demands for our time, and we all have to juggle more than ever before. Unfortunately, many people try to multi-task while driving, which is NEVER a good idea. In fact, a recent study by the University of Utah has reconfirmed that our brains are simply not wired to multi-task. Being distracted behind the wheel for even just a few seconds greatly increases your chance of a crash. Distracted driving contributes to up to 8,000 crashes every single day – the facts speak for themselves.

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 a loved one is injured or killed in a Nashville automobile accident caused by a distracted 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. Call 615-356-2000.

Nov302011

Georgia Man Dies In Tennessee Roadway Departure Crash

Avoid Distractions While Driving

Avoid Distractions While Driving

Another Tennessee single-car roadway fatality took the life of a Georgia man. Investigators will have their work cut out for them trying to determine the cause. According to local media reports the man was driving a 2005 GMC Sierra pick up truck when he lost control of the vehicle on U.S. Highway 45 when his vehicle veered into the median and struck a traffic sign.

He then overcorrected and crossed to the other side of his lane, left the road and struck a tree. The report said that he was wearing his seatbelt at the time of the accident. The big question for police investigators as well as his family and friends is what caused the man to veer into the median in the first place.

Whenever you see an accident, usually involving one car that leaves the road, an experienced Tennessee automobile accident attorney starts thinking about driver distractions. Just what was the driver doing moments before the crash that caused his/her vehicle to go off the highway? What caused the driver to change focus from driving to other things?

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.  Primary causes of driver inattention are distracting activities, such as cell phone use, and drowsiness. Each of these accidents had the potential to have taken numerous other lives but somehow that didn’t happen.

Ladies and gentlemen, we have to avoid distractions while we are behind the wheel or we are going to die or kill someone else. If you or a loved one is injured or killed in a Tennessee auto accident caused by a distracted driver contact the experienced Nashville automobile accident attorneys at Phillip Miller & Associates and take advantage of a free consultation. Call 615-356-2000.

Nov302011

Tennessee Man Dies In Early Morning Knoxville Roadway Departure Crash

What Caused This Tennessee Roadway Departure Crash?

What Caused This Tennessee Roadway Departure Crash?

It was a short life, 20 plus years, or so, and I’m sure the young man left family and friends who loved him. I really hate to read an article reporting the death of a person with so few facts to rely on to understand what really happened leading up to his death.

The staff and lawyers at Phillip Miller & Associates send out deepest regrets to the family and friends of Gordon Anito of Knoxville. According to local media reports he was driving his 2005 Subaru Impreza northbound on Andersonville Pike near the intersection with Hill Road at approximately 3:29 a.m., when he went over a hill crest and struck a tree off the right side of the roadway,

I hope that the investigation will shed some light on the facts surrounding this death so that the family will make some sense of their loss and gain some closure. We know that the wreck took place very early in the morning, but we don’t yet know whether the man was coming home or heading to work.

Investigators will have to determine from evidence at the scene as to whether he was speeding, under the influence, was distracted, of had some type of medical emergency. If you or a loved one are injured or killed in a Tennessee car crash you owe it to your family to contact an experienced Nashville auto accident lawyer like those you will find at Phillip Miller & Associates. Call 615-356-2000.

Nov282011

Tennessee Man Injured In A Car Accident Earlier This Month Dies

Man Dies In Hospital After Wreck

Man Dies In Hospital After Wreck

A Huntingdon, Tennessee man was died Saturday after he was injured in a two-vehicle accident earlier this month in Henry County, according to local media reports.

I wrote about this accident in an earlier weblog. The 66-year-old-man, was stopped for a flashing red light on Tenn. 140 at an intersection with Highway 54 about 6:19 p.m. Nov. 11. For some unknown reason he pulled out directly into the path of a pick up truck coming alone Highway 54, with the right-of-way.

The pickup driver tried to swerve to avoid the collision but he never had a chance. He struck the man on the left side of his vehicle at the drivers door and then lost control and slammed into a building. This driver was wearing his seatbelt, not so for the deceased man and his passenger who was also seriously injured.

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.

Nov282011

Tennessee Man Killed In Motorcycle Roadway Departure Crash

Fatal Tennessee Motorcycle Crash

Fatal Tennessee Motorcycle Crash

A 70-year-old Sparta, Tennessee man was fatally injured in a motorcycle crash in Cookeville on Saturday afternoon. The man suffered fatal injuries in a one-vehicle accident on Highway 135, near Rice Rd. For some, as of yet unknown reason, his 2006 Kawasaki ran off the right side of the road and he was ejected. The man was wearing a safety helmet. Our prayers go out to the family and friends of this man.

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 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.

If you or a loved one is injured or killed in a Tennessee motorcycle accident caused by a careless motorcycle rider, contact the experienced Nashville motorcycle accident attorneys at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

Nov282011

A Nashville Personal Injury Lawyer Talks About Air Bag Contact Injuries

Air bags must inflate very rapidly to be effective, and therefore come out of the steering wheel hub or instrument panel with considerable force, generally at a speed over 100 mph. Because of this initial force, contact with a deploying air bag may cause injury. These air bag contact injuries, when they occur, are typically very minor abrasions or burns.

More serious injuries are rare; however, serious or even fatal injuries can occur when someone is very close to, or in direct contact with an air bag module when the air bag deploys. Such injuries may be sustained by unconscious drivers who are slumped over the steering wheel, unrestrained or improperly restrained occupants who slide forward in the seat during pre-crash braking, and even properly restrained drivers who sit very close to the steering wheel. Never attach objects to an air bag module or place loose objects on or near an air bag module, since they can be propelled with great force by a deploying air bag, potentially causing serious injuries.

An unrestrained or improperly restrained occupant can be seriously injured or killed by a deploying air bag. The National Highway Traffic Safety Administration (NHTSA) recommends drivers sit with at least 10 inches between the center of their breastbone and the center of the steering wheel. Children 12 and under should always ride properly restrained in a rear seat. Never put a rear-facing infant restraint in the front seat of a vehicle with a front passenger air bag. A rear-facing infant restraint places an infant’s head close to the air bag module, which can cause severe head injuries or death if the air bag deploys.

If you or a loved one is seriously injured or killed by an airbag contact injury you owe it to your family to contact a Certified Tennessee Civil Trial Lawyer like those you will find at Phillip Miller & Associates.

Practice Airbag Safety

Practice Airbag Safety, and take advantage of a free consultation. Call 615-356-2000.

Nov282011

Nashville Personal Injury Lawyer Reminds Tennessee Drivers To Practice Holiday Driving Safety

Practice Winter Weather Safety

Practice Winter Weather Safety

About this time every year I try to focus my blog on specific things a Tennessee driver can do to stay safe during the holiday season. I think that you might want to focus on three things: 1. Road Safety 2. Parking Lot Safety and 3. Weather conditions.

Road Safety- The Winter holidays are very busy times for the average American. It gets darker sooner in the day, holiday shopping makes everyone a bit on edge and many drivers become downright aggressive, and holiday parties can lead to drunk drivers.

Aggressive Driving

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.

Traditionally, the traffic safety community has defined and attempted to measure aggressive driving in a variety of ways. Some studies of aggressive driving have focused on specific driving behaviors, such as speeding, tailgating, or violating traffic control devices, which are commonly thought of as behaviors typically associated with aggressive driving.

Drunk Driving

Alcohol played a factor in a significant number of crashes during last year’s holiday season. Forty-two percent of the fatalities that occurred during last year’s Christmas holiday were alcohol related. The number of alcohol-related crashes grew to 57 percent during the New Year’s holiday.

December is National Drunk & Drugged Driving Prevention Month and the Tennessee Highway Patrol, with assistance from other agencies, will staff more than 100 sobriety and driver’s license checkpoints through New Year’s Day. Don’t be a statistic, if you drive, don’t drink and if you drink don’t drive. If you see or suspect a driver of being under the influence, or driving in a dangerous aggressive manner, take action and call the police, you may save a life. In an urban are dial 911 and in a rural area dial *847 for the State Troopers.

Parking Lot and Shopping Safety

The number one rule when you are in big box store parking lots is to keep your eyes open for trouble. Do not get out of your vehicle unless you have carefully studied the area for people who don’t belong there.

Don’t shop at night if avoidable, and always shop with friends or family. A single person is always a target. Always trust your instincts. If it doesn’t feel right, it probably isn’t. Report suspicious activity to mall security or call the police. Be careful in parking lots. Some people are in such a rush that they back out of a parking spot without paying attention to other cars or pedestrians.

Weather –

Be aware of hazardous conditions. There are several driving events that require intense concentration on the part of the driver. A driver must always be on the defensive, thinking about what other drivers might do AND be prepared to respond with proper reactions. In addition, certain conditions, especially bad weather, trigger the need for special knowledge and skills.

Wet pavement can be as treacherous as snow and ice. To drive under these conditions:

Slow Down. The pavement is particularly treacherous when it first begins to rain. Dirt and oil accumulations make a greasy film on the roadway, and it takes several minutes for it to wash away.

Avoid Hydroplaning. A lot of water standing on the road during a heavy rain causes tires to lose all contact with the road, even if driving under 50 m.p.h. If the vehicle starts to hydroplane, slow down by letting up on the gas. Never suddenly apply the brakes.

Improve Your Vision: (a) keep windshield wipers in good condition, (b) wait a few minutes after the rain starts so the rain/wipers can remove dust and grime, (c) use the defroster/air conditioner to keep windows/mirrors clear.

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. Call 615-356-2000.

Photo Courtesy of the AAA Foundation For Traffic Safety

Nov272011

Tennessee Has Far Too Many Dangerous Roads

Dangerous Highways Need Special Attention

Dangerous Highways Need Special Attention

As an experienced Nashville personal injury accident lawyer I regularly hear from my clients about dangerous stretches of highway in different parts of Tennessee, so today I’d like to start a dialogue and see if together, you and I can do something to help stop the carnage. I’d like to ask all of my readers and clients to tell me about those roads in their own local areas that seem to be the site of serious accidents on frequent occasions.

Today I’d like to share information about a dangerous section of road that I read about in a local media report this past week. Highway 129 in Sullivan County, Tennessee is a notorious accident location. The three things that make it dangerous are the speeding drivers, the winding pavement and the dangerous intersections.

This highway is known for single and multiple car collisions, car truck collisions and oddly enough, motor vehicle house wrecks, yes, that’s right, car-house collisions. The state Department of Transportation has known about the problems for a decade or more and what little effort it has made to solve the problem, have been ineffective at best.

As an experienced Tennessee personal injury lawyer, I think the only way to address this issue is through enforcing the speed limit. I’m not talking about a speed trap every now and again, I’m talking about red-light cameras that monitor speeds and hand out traffic citations 24/7.

At some point in time, a good personal injury lawyer is going to look to holding the state of Tennessee liable for a serious accident because of their failure to take heavy handed action to change the culture of the drivers on this roadway.

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.Call 615-356-2000.