Archive for December 2011

Dec312011

Two Tennessee Dump Trucks In Head-On Collision

Watch Out For Trucks

Watch Out For Trucks

In a strange turn of events, one man was seriously injured and another walked away unharmed when two dump trucks crashed head-on. According to local media outlets and the Tennessee Department of Transportation officials say the crash, in Polk County, Tennessee, happened when a dump truck traveling westbound, carrying about 20 tons of calcine lost control and flipped while driving around a curve. A dump truck traveling in the other direction collided head-on with the flipped truck. Neither driver was seriously injured.

As an experienced Tennessee truck accident attorney, my first thought is that the flipped truck was speeding. Speeding with twenty tons of anything in the truck is a dangerous game and one that a driver will probably lose.

Speeding is one of the most prevalent factors contributing to traffic crashes. The economic cost of speed-related crashes is estimated to be in excess of 40.4 billion dollars per year. In 2010, speeding was a contributing factor in 31 percent of all fatal crashes, and 13,040 lives were lost in speeding-related crashes. The total economic cost of crashes was estimated at $230.6 billion in 2010.

If you or a loved one is injured or killed in a Tennessee accident involving a commercial truck, time is of the essence. Don’t hesitate to call on the experienced Nashville truck accident lawyers at Phillip Miller & Associates. The commercial truck company will have their insurance investigators on site within hours of the accident and untoward things can happen to evidence and the facts can be slanted. Call 615-356-2000

Dec312011

Tennessee Man Falls Asleep While Driving Along Highway

A 26-year-old man from Clarksville, Tennessee was injured in a one-vehicle crash, and his 18-year-old passenger suffered a broken neck on the Western Parkway in Grayson County, Kentucky. According to local media reports the driver fell asleep and his pickup drifted into the median and partially into the westbound lanes. The driver over-corrected , and his pickup swerved back into the median and struck a concrete culvert. The pickup rotated clockwise and overturned several times before stopping in the median.

Drowsy Driving Accident

Drowsy Driving Accident

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.” But among all the major factors that cause or contribute to crashes, like speeding, alcohol use, and weather situations, drowsiness is the most difficult for police and other crash investigators to detect and quantify.

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.

Drowsy driving puts the driver, passengers and others on the road at risk and should be avoided as much as possible. Experts recommend drivers get at least six hours of sleep before a long trip, travel at times they are normally awake and schedule a break every two hours.

If you or a loved one is injured or killed in a Nashville traffic accident caused by a sleeping driver contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates.

Dec312011

Nashville Personal Injury Lawyer Suggests What To Do And What Not To Do If You Are In A Nashville Accident

Nashville Car Accident

Nashville Car Accident

The other night I was at a holiday party and was cornered by an acquaintance who wanted to tell me about her recent automobile accident. After listening for a couple of minutes, I was convinced that she had broken all of the rules of what you should do if you are involved in an automobile accident. This set me to thinking about writing a Blog outlining the do’s and do not’s of what to do if you find yourself curbside with another party.

Always call the police if you are in a collision. Many times the other party will try to talk you out of making the call. Be polite but firm and call the police. While you are waiting for the police use your cell phone camera to take photos of the intersection and any tire marks, the damage to the vehicles and the car tag of the other car.

You may be frightened or upset following the crash but try to become chatty and discuss the things leading up to the accident. Do the same thing when the police investigators arrive, state the facts, answer the police questions succinctly and don’t add more than is necessary.

If you suspect you are injured seek medical care as soon as possible. Call your auto insurance representative at your earliest convenience and contact the experienced Nashville automobile accident lawyers at Phillip Miller & Associates and find out about your rights. One last thing, Never, I repeat, never speak to the other party or a representative of that persons insurance company. They are not your friend and you gain nothing by talking to them.

Call 615-356-2000.

Dec312011

Kentucky Highway Fatalities Down In 2011

Highway Fatalities Down in @011

Highway Fatalities Down in @011

When even one person dies on the highway there is nothing to cheer about but some good news came when statistics showed that fewer people died on Kentucky highways this year than through the same time period in 2010. In this game the best we can hope for is progress not perfection.

As of this past Wednesday, the Kentucky State Police recorded 701 fatalities in 2011, compared to 750 through the same date in 2010. Kentucky tallied 771 in 2009, 797 in 2008 and 845 in 2007.

According the KSP spokesman, the driving public seems to be paying attention to things like distracted driving. When driving attitudes and behavior on the road change so do the outcomes. Distracted driving, drunk driving and cell phone use, are the big three when it comes to causes of fatal accident.

The staff and attorney’s at Phillip Miller & Associates wish the people of the Commonwealth of Kentucky a happy, prosperous and a safe driving New Year. If you of a loved one is injured or killed in a Tennessee auto accident contact the experienced Nashville personal injury lawyers at Phillip Miller & Associates for a free case review. Call 615-356-2000.

Dec312011

Tennessee Driver Pulls Out Directly Into The Path Of A Truck And Dies

Failure to Yield

Failure to Yield

We will probably never know what so distracted a 20-year-old Bristol, Tennessee man that he was oblivious of an oncoming pickup truck. According to the THP Traffic Incident Report, the man pilled out to turn directly into the path of the truck. He died at the scene and the two people in the truck were injured.

Think about this scenario, there was no obstruction that prevented the young man from seeing the truck, yet he was somewhere else than where he should have been. Was he on the cell phone? Cell records will tell whether he was on the phone at, or near, the time of the wreck.

Other distracting activities are numerous, was he eating, simply thinking about something that interfered with his focus. Since the man died at the scene we will probably never know. The lesson here for Tennessee drivers is that motor vehicles are deadly weapons and if you are going to drive pay attention to what you are doing. Don’t text and drive, don’t talk and drive, don’t eat and drive and keep your head in the game.

If you or a loved one are seriously injured or killed in a Nashville automobile accident caused by a distracted driver, do yourself a favor and call the experienced Nashville personal injury lawyers at Phillip Miller & Associates for a no cost case review. Call 615-356-2000.

Dec312011

Tennessee Vehicle Passenger Dies After Driver Distraction

Death By Distrction

Death By Distrction

Giles County police investigators will have to try and figure out what it was that so distracted the 21-year-old driver that he drove off the roadway struck a ditch and crashed into two telephone poles, killing his 21-year-old friend who was his passenger. Two other passengers were injured.

Statistics show that nearly 80 percent of crashes and 65 percent of near-crashes involve 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.

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.

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 and experienced Tennessee automobile accident lawyer contact the lawyers at Phillip Miller & Associates for a free consultation to learn about your rights and remedies.

Dec312011

Memphis Man Killed By Hit & Run Driver

Hit & Run Fatality

Hit & Run Fatality

What kind of person, what deeply flawed kind of person would hit a pedestrian with a motor vehicle and then flee the scene leaving the pedestrian to die alone in the gutter? For my way of thinking I can’t print what I think about them.

As an experienced Tennessee auto accident lawyer I read about a number of different types of Hit & Run cases. Drivers hit pedestrians, other car, trucks, some hit ditches, and they all leave the scene.

I look forward to the time that Memphis police capture the Hit & Run driver that killed a pedestrian near Germantown Parkway and Walnut Grove tonight. Thankfully a witness saw the collision and called it in to police. Police found a 38-year-old man dead at the scene. This where citizens come in, someone somewhere will have information to share with police and what they do with this information will define them.

Most H&R drivers are under the influence of alcohol, others have already run afoul of the law and have lost their driving privileges, 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.

If you or a loved one are injured or killed in a Tennessee auto accident caused by a drunken Hit & Run driver, contact the experienced Nashville personal injury lawyers at Phillip Miller & Associates.

Dec302011

Nashville Personal Injury Lawyer Sheds Light On The Motor Vehicle Habitual Offenders Act

Habitual Traffic Offenders In Handcuffs

Habitual Traffic Offenders In Handcuffs

One really has to be a complete fool to achieve the dubious distinction of being an Habitual Traffic Offender. Add to that a person with this designation who continues to drive and continues to drive badly and you have a guy who ought to pull some serious time in the penitentiary.

Section 55-10-600 of Tennessee’s law is known as the “Motor Vehicles Habitual Offenders Act” and, as its name suggest, is in place to “deny the privilege of operating motor vehicles on public highways to persons who by their conduct and record have demonstrated their indifference to the safety and welfare of others and their disrespect for the laws of the state.”

The act sets forth a process said offenders must follow, which includes a uniform “computation of convictions,” assembly of and serving with a court order and a jury trial to determine appropriate punishment.

A Johnson City, Tennessee man who carries the banner as an Habitual Traffic Offender was out driving when he showed his true colors and failed to stop at a stop sign. I mean, how hard is it, knowing you don’t have a driver’s license and could go to jail, to do something as simple as comply with a stop sign?

If you or a loved one is injured or killed in a traffic accident with one of these people, recovering damages may prove to be difficult, but there are ways to succeed. Contact the experienced Tennessee automobile personal injury lawyers at Phillip Miller & Associates and take advantage of a free consultation. Call 615-356-2000.

Dec282011

Nashville Personal Injury Lawyer Shares Information On 15 Passenger Van Safety

Passenger Vans

Passenger Vans

As the fall and winter driving seasons get under way, the National Highway Traffic Safety Administration is urging users of 15-passenger vans to take specific steps to keep occupants safe. Two recent fatal crashes, in New York and Georgia, involving 15-passenger vans that rolled over and resulted in 10 deaths give urgency to this reminder.

The agency warns that tire maintenance is paramount to preventing tragedies, such as these recent rollover crashes, from occurring. Users of 15-passenger vans need to make sure the vehicles have appropriately-sized tires that are properly inflated before every trip. The agency also points out that tires degrade over time. For this reason, NHTSA recommends that spare tires not be used as replacements for worn tires. In fact, many tire manufacturers recommend that tires older than 10 years not be used at all.

NHTSA said that it is directing this 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.

If you or a loved one is injured or killed in a Tennessee traffic accident involving a passenger van contact the experienced Nashville personal injury lawyers at Phillip Miller & Associates. Call 615-356-2000.

Dec272011

Drunk Tennessee Tractor-Trailer Driver Crashes And Blocks Interstate For 12 Hours

Drunk Truck Driver

Drunk Truck Driver

A drunk tractor-trailer driver rolling down an interstate highway pulling 80,000 lbs of load is potentially one of the most danger things a driver can experience. A  55-year-old trucker out of  Knoxville, was taken into custody on charges of reckless endangerment, DUI, consumption of alcohol in a commercial vehicle and possession of alcohol in a commercial vehicle, among other charges, following a wreck, which occurred the other evening in the eastbound lanes of Interstate 40 near Lebanon.

Fortunately, no one was killed or seriously injured. For many though, the crash blocked the interstate and stopped traffic for more than 12 hours. Many involved questioned why it took the TDOT so long to clear the highway. In fact, TDOT Commissioner John Schroer and Tennessee Department of Safety and Homeland Security Department Commissioner Larry Godwin said the state should have handled the situation differently.

If you or a loved one is injured in a Tennessee tractor-trailer accident caused by a driver who is distracted or following too close, you owe it to yourself to immediately contact the experienced tractor-trailer attorneys at Phillip Miller & Associates.

What does this mean to you if you or a family member are the victim of a Tennessee tractor-trailer accident and suffer a serious or life threatening injury?  It means that the trucking company has a huge advantage in investigating the cause of the accident and developing a strategy for its defense to any claim that arises. During one of these situations evidence can disappear and negligent drivers can be coached on what to say to police investigators. The trucking company has the benefit of an expert that was actually at the accident scene. This may not be possible for the victim since injuries are usually severe in nature. Needless to say it is important to act quickly so that an expert can examine the evidence on your behalf.

Time is of the essence in these kind of  cases. Although most cases can be reconstructed at a later time it is important to have someone looking out for your best interests as soon as possible. That’s why it’s important to contact an experienced Tennessee tractor-trailer accident lawyer like those you will find at Phillip Miller & Associates. If you or a loved one is injured in a car tractor-trailer accident act quickly and take advantage of a no-cost no-obligation consultation and learn about your rights and put our crack team of lawyers and investigators on the case.